form 55 notice of seisure

[nikral]

i returned home from work and found form 55 notice in letterbox what do i do help please

[nikral]

Re: form 55 notice of seisure

i rang the mobile number on notice he was accting on behalf of peter noble watt hceo , so asked what he wanted he said there are no assets he can see and was handing it back , don't understand how he could see no assets as no one was home so he didnt gain access to house to see anything

[ploddertom]

Re: form 55 notice of seisure

This is the Sheriff's Office. Is the debt personal or business? Was it a CCJ that has been transferred up? Seems strange he is handing it back so quick as they usually make at least 3 visits at different times of day.

[nikral]

Re: form 55 notice of seisure

hi it is a personal dept i thinks ,i am not ltd company i had a dispute for work doing for customer ended up in court he used my name not companys and lost mid november2013 ,
i made no offer of payment then sheriff called 25 /03/14 and left notice i rang him he said no asetts so handing it back

Then recieved 2nd letter 10th/04/14 dated 03/04/14 we will atend in 3 days to remove goods seised,
i rang them on 10/04/14 i said you havnt seised any goods you abandend levy and i have a notice of removal of right of implied access displayed outside property and inside door window,i have also lodged application 244 with 245 attached to the court from advise from c.a.b and stepchange who is currantly helping me sort depts out ,

he said its to late for all this we will be coming for the goods,i ended phone call with you have no right .
He rang back ,i didn't answer ,so sheriff left message contact us its urgent .
on 11/04/14 received message from court judge denied stay of execution as offer of payment un-reasonable ,

what is reasonable on dept of around £6900
Original judgement dept £3402.20
judement costs £1141.45
execution £60
Interest £29.88 @£1 pd from 07/03/14
Sheriffs fees £1040.57 VAT £208.11
Total levy £5882.21 with notice 55 then goes up with letter 03/04/14 to £6688.04
what do i do my offer was £1 as advised by stepchange have they dropped me in it further

[ploddertom]

Re: form 55 notice of seisure

You say you have submitted both N244 & N245. What did you apply for on each form? You also say about an abandoned levy - can you explain what they have seized previously and why you think it is abandoned?

This appears to be for a business debt and I assume you are classed as a Sole Trader. Did you try to resolve things with your customer? Did you know about the CCJ or was the first you knew about it when the original HCEO turned up? Has each visit been someone from the Sheriff's Office?

[nikral]

Re: form 55 notice of seisure

submitted and paid £45 for 244 with 245 attached ,on 244 ask for stay of execution on 245 financial breakdown with offer of payment this was advised from high court, court clerk .

yes sole trader , customer not interested in sorting before court i made offer through mediation but he refused he wanted his money back

i think they have abandoned levy from reading info on the web site (dealing with bailiffs ) they havn't seized anything just posted in letter box Form 55 notice of seizure of goods at above address under writ of execution by hceo ,no list of goods
i do know about ccj
theres only been 1 visit and nothing signed by any one and 1 letter deliverd by royal mail from the sheriffs office

[ploddertom]

Re: form 55 notice of seisure

I think you need to start at the very beginning of all this and see if there is room to be able to counter this. I'll try and sort it into different areas so it may need a few replies.

For whatever reason you did a job for someone and it appears they did not like the end result and wanted their money back. In order to try and make some sense of what happened is it possible you can explain what the work was and why they objected?

[ploddertom]

Re: form 55 notice of seisure

Going on, your Claimant decided the only way for them was to take you to Court for the return of the money spent.
1 - Did you get the original paperwork from the Court?
2 - Did you acknowledge service of the documents?
3 - Did you defend or counterclaim?
4 - Did you attend the Hearing?
5 - Was Judgment by Default made against you?
6 - Did you receive notification a CCJ had been made against you?

[ploddertom]

Re: form 55 notice of seisure

Carrying on after the CCJ was any contact made between yourself and your Claimant? If there was can you explain what it was about and what the outcome was?

[ploddertom]

Re: form 55 notice of seisure

As it was apparent that you had paid nothing towards the debt, the Claimant decided to enforce the Judgment by employing the services of a High Court Enforcement Officer. After being contacted by the HCEO you sought advice and were advised to apply for a Stay of Execution & a Variation Order to be able to pay by instalments both of which appear to have been denied.

Stay of Execution - Form N244
To apply for this you must have some grounds to do so. What grounds did you use in your application?

Variation Order - Form N245
This has a simple I&E form to fill in and the theory is that you fill it in and the end of the form should give you your disposable income and from this you should make a realistic offer of payment. Did you do this?

[ploddertom]

Re: form 55 notice of seisure

On to the visit by the HCEO. You cannot deny an implied right of access to an Enforcement Officer whose Writ commands him to attend you. No levy has been made so there can be no abandonment, the Form 55 you will have been left suggests all your goods have been seized but this simply is not the case.

If the HCEO has attended your home he has no automatic right of entry and providing you keep denying him access then there is little he can do. If you have a business premises that is separate to your home then he may force entry to that and remove goods.

The Writ itsself has a life of 12 months but can be renewed on request. If the HCEO cannot progress things with yourself and cannot find any goods to seize he will return it to the Claimant as unsatisfied. The Claimant can employ the services of another HCEO if they so wish.

[nikral]

Re: form 55 notice of seisure

it was a bathroom renovation , i used a sub contract tiler the customer was not happy with tiling saying it wasnt to british standard the tiler disputed this with ,there isnt a mandatory british standard for this , customer still not satisfied ending up with lots of letters back and forth ending up in small claims court , i agreed to mediation ,he refused but when we had hearing judge said he will have to mediate, we did but in the end he refused to accept my offer

[nikral]

Re: form 55 notice of seisure

1 -yes got paperwork
2- yes acknowledged service
3_yes did counterclaim
4-did not attend hearing asked for new date by recorded signed for post which was recieved and signed for around 18 days before hearing because we were away on holiday i rang court to find out why ive not received new date of hearing but no change of date issued as court said nothing filed
5- so case went ahead and i lost , i applied for set aside , got hearing but judge wasnt interested in my case of them losing my lodgment of adjurnment.
6- yes recieved notification of ccj

[nikral]

Re: form 55 notice of seisure

there has been no contact with claimant

[nikral]

Re: form 55 notice of seisure

all i was advised was to apply for stay of execution and give finance breakdown and offer £1 payment by the avisers from cab and stepchange also they didnt advise on giving any grounds