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form 55 notice of seisure

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  • #16
    Re: form 55 notice of seisure

    If interest is added at £1 per day they are not going to be in an offer of £1 from what we know of HCEO they will be back unless you can get the order quashed

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    • #17
      Re: form 55 notice of seisure

      so if no levy made does that mean they cant charge there crazy costs , so if they call again i just ignore them , can they not go back to court to get right of entry , also what can they and cant they take , is wife's posesstions safe, car furniture etc also kids toys and furniture

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      • #18
        Re: form 55 notice of seisure

        They may only take the goods of the debtor, as a sole trader that will be you personally or any assets your business has. If no goods have been seized then it is up to you to do whatever you want with them. You may sell, give away or otherwise dispose of them but a word of caution in that the HCEO could oppose transfer of some "expensive" items if it is thought they were disposed of purely to deny payment of the debt.

        The difficulty you now have is in deciding what to do next. It appears that everything has so far been done correctly despite your best efforts. As for the request to delay the Hearing this should have been made as an application & not a letter and in any case you should have checked at the time with the Court to ensure it was received & acted upon not just relying on Royal Mail Track & Trace. Judges go by applications & not requests by letter.

        It also seems you were ill advised on how to fill in the application for a Stay of Execution, as good as CAB & other voluntary agencies may be they do not do this sort of thing very much and their advice & help can be variable.

        It is easy to be critical about what should have been & hindsight is a wonderful thing where it can be said you should have done this or that. There are some things that could be done but some of it is going over old ground and you may end up with a brick wall because a Judge could say you have done this previously and throw it all out again. For this I mean you could submit for a Stay & Variation again but as the fees for a Stay are increasing to £155 it could be an expensive option considering what you have already paid out.

        Going back to how this all began.
        Do you have any knowledge if the Claimant has since had their bathroom re-tiled by another contractor?
        Is the tiler you used one you used previously?
        Has there been any complaints about the tilers work previously?
        Did you consider suing the tiler to reimburse you?

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        • #19
          Re: form 55 notice of seisure

          going back yes bathroom been redone
          i have worked in conjunction with tiler for past 12 yrs
          there has been no complaints as i know of
          i have been speaking with the tiler until judgement was set against me then no replys from him he did say he would pay towards it previous to losing if case was lost
          i will submit new application for stay and variation how should i fill this out , a long term customer/friend has offered 0% loan of £150 amonth which i can work off over time would judge find this reasonable
          also i will consider suing tiler what do i do about this as cant afford legal help

          me or my business has no assets my van went from 13/3/14 as not economical to repair for mot, so wife has been dropping me off at jobs or have been able to have use of brothers van on occasions
          our home has no equity in it which is in joint names

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          • #20
            Re: form 55 notice of seisure

            Have sent you a PM as there are some things that need to be kept from prying eyes.

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