bailiffs - Warrant Of Control

[PlanB]

Re: bailiffs - Warrant Of Control

The Bailiffs have not yet said when they will be knocking.

The bailiffs may not need to give you notice of their intended arrival day/time. I urge you to get that N245 application to the court asap in the hope of getting the warrant suspended.

[gregco]

Re: bailiffs - Warrant Of Control

The Bailiffs have not yet said when they will be knocking, Saturday is the first chance I will get to be pro-active, I'm just removing goods because of worst case scenario. My tools are from my old position of self employed handyman, I am no longer in that position I'm now employed full time as an operations assistant, totally different.

The Creditor on the Notice of Issue of Warrant of Control is 1st credit Finance Ltd which relates to a CCJ for 1st Credit.

Have I misunderstood your last post? Do you mean the bailiffs are coming on Saturday to remove your tools, or do you mean you will be removing your tools from your home so the bailiffs can't take them if they call?

I see no reason why you shouldn't park your motorbike in another street until this gets sorted.

Can you email a copy of that Notice of Issue letter to Elsa so it's clear whether this relates to an Opus or 1st Credit CCJ.

[PlanB]

Re: bailiffs - Warrant Of Control

Tools will be removed on Saturday as I'm no longer classified as self employed therefore they are surplus to requirements. The Car is in her name its only my motorbike which may be an issue!!!

Have I misunderstood your last post? Do you mean the bailiffs are coming on Saturday to remove your tools, or do you mean you will be removing your tools from your home so the bailiffs can't take them if they call?

I see no reason why you shouldn't park your motorbike in another street until this gets sorted.

Can you email a copy of that Notice of Issue letter to Elsa so it's clear whether this relates to an Opus or 1st Credit CCJ.

[PlanB]

Re: bailiffs - Warrant Of Control

Tools will be removed on Saturday as I'm no longer classified as self employed therefore they are surplus to requirements.

How do you know the tools will be removed on Saturday? I don't know anything about your line of business but can't you leave your tools at your workplace from now on?

If the warrant has already been issued then you need to make a court application to get it suspended asap to prevent the bailiffs coming to your home next weekend.

[gregco]

Re: bailiffs - Warrant Of Control

I have approached 2 local solicitor firms asking if they can stamp a statutory declaration of goods, just waiting till they get back to me. Tools will be removed on Saturday as I'm no longer classified as self employed therefore they are surplus to requirements. The Car is in her name its only my motorbike which may be an issue!!!

Why not ask your partner to see a solicitor and sign a declaration stating all contents are hers and bailiffs can't touch you then. I understand you use your vehicle (and any tools) for work? In which case they're secure as well.

Bear in mind a vehicle used to commute isn't the same as a works van.....

[PlanB]

Re: bailiffs - Warrant Of Control

Why not ask your partner to see a solicitor and sign a declaration stating all contents are hers and bailiffs can't touch you then...

Here is a template of a Statutory Declaration which you can swear before a solicitor or a Commissioner of Oaths for a modest £5 fee. Get it done and then keep a copy at your home in case the bailiffs call unexpectedly:



Statutory Declaration For Goods Belonging to Someone Else

Bailiffs cannot seize goods belonging to someone else, but they are allowed to assume that anything in a property is yours, unless they are provided with proof such as receipts.

Failing this documentary proof the third party can make a statutory declaration that certain named items belong to him and may not be seized.

This costs about £5 if sworn before a commissioner for oaths/solicitor who signs and stamps it.

Then you scan it, email it, fax it, post a hard copy recorded delivery to the bailiff company if they levy goods.

STATUTORY DECLARATION To: (the bailiffs) (their address) I (your name) of (your address) Do solemnly and sincerely declare that: the items listed (list them) are not the property of (your name) and (reason why they are/were there) and have always been my partner's property And I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Statutory Declarations Act 1835 and Section 5 of The Perjury Act 1911. Signature: Declared at On the day of two thousand and Before me A Commissioner for Oaths, or Notary Public/Justice of the Peace/Solicitor having the powers conferred on a Commissioner for Oaths

[Undercover Elsa]

Re: bailiffs - Warrant Of Control

Only thing that makes a difference is who actually paid for them I think.

Sorry, I'm confused by your post above that Greg.

I think I have 3 CCJ's in total according to this list..as its now Opus which has threatened the bailiffs!!! I'm currently investigating as I can not locate the court papers corresponding to the previous CCJ's
2 are already CCJ'd (mbna £5946) If two, what's the other one? Are they also forthwith orders which haven't been paid?

1 has threatened court action (opus £3025), I thought they'd already got a CCJ, hence the Warrant?

1 is waiting my reply ( HSBC £2755) Reply to what?

1 is under investigation (Barclay £4272), Investigating what?

2 bank account od are 'under investigation'. (santander OD £1019) and
(hsbc od £886) Investigating what?

I think once we've got your current situation under control you need to fully update your UE diary so we can deal with each problem separately to avoid confusion.

Elsa x

[Never-In-Doubt]

Re: bailiffs - Warrant Of Control

Why not ask your partner to see a solicitor and sign a declaration stating all contents are hers and bailiffs can't touch you then. I understand you use your vehicle (and any tools) for work? In which case they're secure as well.

Bear in mind a vehicle used to commute isn't the same as a works van.....

[gregco]

Re: bailiffs - Warrant Of Control

Definitely 3 CCJ's total £10186

I think I have 3 CCJ's in total according to this list..as its now Opus which has threatened the bailiffs!!! I'm currently investigating as I can not locate the court papers corresponding to the previous CCJ's
2 are already CCJ'd (mbna £5946)
1 has threatened court action (opus £3025),
1 is waiting my reply ( HSBC £2755)
1 is under investigation (Barclay £4272),
2 bank account od are 'under investigation'. (santander OD £1019) and
(hsbc od £886)

[gregco]

Re: bailiffs - Warrant Of Control

We currently jointly own our belongings, although I'm not married if it makes any difference?

You can search for CCJ's at Trust Online, there's a small fee, I think it's £4 : http://www.trustonline.org.uk/search-yourself

I've asked Clever Clogs to look in if he gets chance, re the warrant and what the bailiffs can and can't do.
Who owns the things in your house, yourself or your wife?

[gregco]

Re: bailiffs - Warrant Of Control

I think I have 3 CCJ's in total according to this list..as its now Opus which has threatened the bailiffs!!! I'm currently investigating as I can not locate the court papers corresponding to the previous CCJ's
2 are already CCJ'd (mbna £5946)
1 has threatened court action (opus £3025),
1 is waiting my reply ( HSBC £2755)
1 is under investigation (Barclay £4272),
2 bank account od are 'under investigation'. (santander OD £1019) and
(hsbc od £886)

[Undercover Elsa]

Re: bailiffs - Warrant Of Control

You can search for CCJ's at Trust Online, there's a small fee, I think it's £4 : http://www.trustonline.org.uk/search-yourself

I've asked Clever Clogs to look in if he gets chance, re the warrant and what the bailiffs can and can't do.
Who owns the things in your house, yourself or your wife?

[PlanB]

Re: bailiffs - Warrant Of Control

I am unsure if there is another CCJ....I have letters from link financial telling me there is a CCJ on my credit file 'As you are aware we have obtained a County Court Judgment against you which is currently registered on your credit file', for claim numbers 2XM*****, however I do not have the court papers which should correspond to the case. I think those I would keep. Is there any way I can find out?

You have a thread in the legal section about your two CCJs http://forums.all-about-debt.co.uk/s...l=1#post320608

At the time (March 2013) you were considering BR with the help of the CAB. What happened after that?

You are currently in work so I assume things have started to improve for you if you could only get these two CCJs put at arms length.

[gregco]

Re: bailiffs - Warrant Of Control

I am unsure if there is another CCJ....I have letters from link financial telling me there is a CCJ on my credit file 'As you are aware we have obtained a County Court Judgment against you which is currently registered on your credit file', for claim numbers 2XM*****, however I do not have the court papers which should correspond to the case. I think those I would keep. Is there any way I can find out?

Thanks Plan B

Gregco, If you'd like to fill in the financial details part of the N245 form (application for suspension of a warrant and/or variation of an order) and email me a copy I can run it through my software and ensure you're claiming what you're due to, as I did for you a while ago. Then you can redo a new N245 accordingly.
Unfortunately I'm not allowed to actually pass on the trigger figures
Direct link to form: http://hmctsformfinder.justice.gov.u...s/n245-eng.pdf

Do you have another CCJ hanging over you too? What's the position with that one?
We really need to get you stabilised on a low payment plan, it's awful living in fear of someone knocking at the door.
Elsa x

[Undercover Elsa]

Re: bailiffs - Warrant Of Control

Thanks Plan B

Gregco, If you'd like to fill in the financial details part of the N245 form (application for suspension of a warrant and/or variation of an order) and email me a copy I can run it through my software and ensure you're claiming what you're due to, as I did for you a while ago. Then you can redo a new N245 accordingly.
Unfortunately I'm not allowed to actually pass on the trigger figures
Direct link to form: http://hmctsformfinder.justice.gov.u...s/n245-eng.pdf

Do you have another CCJ hanging over you too? What's the position with that one?
We really need to get you stabilised on a low payment plan, it's awful living in fear of someone knocking at the door.
Elsa x