Car Just Been Taken, Please Please Help If U Can I Beg U

[hardworking_harddoneby]

Hi everyone,

Had trouble posting all weekend but hopefully all is ok now,

 

Well, we got an order from the judge through the post on saturday,

 

"it is ordered that further enforcement of thr judgment be stayed pending the decision on the Defendants application to set aside judgement.

Defendants application to set aside judgement is listed.... 12 Feb 2010..

 

Please can someone tell me what my next move should be? If I don't get a reply in time I'll call bailiff company and inform them I have a piece of paper from thr judge saying our car is to be returned immediately, hope this will be ok....

x

Edited January 25, 2010 by hardworking_harddoneby

[hardworking_harddoneby]

We just recieved a letter from the Court!!!!!!!!

 

I am so happy and want people to tell me I'm right to be -

 

IT IS ORDERED THAT

 

Further enforcement of the judgement be stayed pending the decision on the Defendants application to set aside JUDGEMENT,

 

.... listed for hearing :12th feb....

 

 

 

SO! Can I call the company and demand we have our car returned (if it hasnt been sold already) what do i do (when i stop jumping around the room.....)???

EVERYONE who has helped and supported me so far, thank you!

xx

xxxx

 

 

Morning everyone, can anyone help again??

xxx

[tomtubby]

Morning everyone, can anyone help again??

xxx

 

Well Done !!

 

No, you cannot ask them to return your car.

 

You have applied for a STAY of proceedings. This means that the car CANNOT be sold as there is a freeze on all enforcement.

 

A hearing date has been set for Feb 12th and a decision will be made by the court AT THE HEARING. Until that time, everything is frozen. Whether your car is to be sold or returned is a decision for the Judge on that date.

[hardworking_harddoneby]

Well Done !!

 

No, you cannot ask them to return your car.

 

You have applied for a STAY of proceedings. This means that the car CANNOT be sold as there is a freeze on all enforcement.

 

A hearing date has been set for Feb 12th and a decision will be made by the court AT THE HEARING. Until that time, everything is frozen. Whether your car is to be sold or returned is a decision for the Judge on that date.

 

 

Thanks TT, I was so pleased to get a response think I got carried away!

We handed forms N245, and N246 in with the stay request, will we be hearing anymore from court on those 2 or do they "support" the application to set aside?

 

Thank you for the advice, shame about the car really, we asked about fees and where it went, it was taken directly to a car auctions on the 4th Jan,thats a long time for storage til 12th feb isnt it.........

 

...anyway, shall I advise bailiff company of our stay?

 

 

XXXXXXOOOOOXXXXXXXX

[hardworking_harddoneby]

Just to let you know I went to the see the doctor this morning and really opened up to him, he said he will get the mental health nurse to get in touch with me, and I'm feeling positive I've made the first steps to get better now,

Could really do with some sort of action on bailiff company, they still haven't replied to my email or letters, we are definitely in the "vulnerable" category (I saw this paragraph on another post "Where a debtor falling into a vulnerable persons category is discovered by an enforcement agent, the matter shall be referred back to the court and no seizure of goods may proceed" a paragraph in page 9 of The National Standards for Enforcement Agents) why can't I use that against them.... if they SHOULDN'T have taken the car in the first place AND the fees are unlawful AND we now have a stay???? I suppose I'm clutching at straws but the judge also has a N246 from my partner stating our financial situation as well, really hope it goes well now,....

Any advice appreciated even just some kind, supportive words....... Rae ? ...hope you're ok by the way, saw you've been having troubles this weekend but couldn't message you xxxx

 

xxxxx

Edited January 25, 2010 by hardworking_harddoneby

[RaeUK]

Hi, hardworking one! I'm fine [which, I am assured is better than 'fined' - what a difference a consonant can make...!].

 

The Magistrates Court should be very much aware of the National Standards for Enforcement Agents. Is the hearing at a court local to you? If so, I would recommend you attend in person. Take with you evidence of benefits, medical conditions etc.

 

You've had so much to deal with, hunni, I've completely forgotten if I gave you my National Standards qoute! :

 

Department for Constitutional Affairs - Enforcement - National Standards for Enforcement Agents

 

Those who might be considered vulnerable include the following:

the elderly;

people with a disability;

the seriously ill;

the recently bereaved;

single parent families;

pregnant women;

unemployed people; and,

those who have obvious difficulty in understanding, speaking or reading English.

 

 

These aren't law and bailiffs - and some councils - do their best to pretend they don't exist. I like to think of them as akin to ye olde pigs bladder from medeival times. We can use it to hit the numptys over the head with 'til they finally recognise our cause!

 

 

Good luck for the 12th of Feb...

Hugs.

Rae xx

Edited January 25, 2010 by RaeUK
type o

[tomtubby]

You need to advise the enforcement company that you have an application that has been listed for a hearing and that you require confirmation that the car has not been sold.

[postggj]

error

[hardworking_harddoneby]

You need to advise the enforcement company that you have an application that has been listed for a hearing and that you require confirmation that the car has not been sold.

 

 

Hi,

I sent an email earlier and was frustrated I hadn't got a response and couldnt get through the the office so I rang the bailiff who took the car and asked him to notify his office an urgent email was waiting for them. I was really surprised as the bailiff was so nice to me, even going so far as calling me back to confirm his office was on to it, and you can imagine I was nervous about calling him in the first place... what a nice surprise...

 

This wasn't though, got a reply from Bailiff HO - they confirmed the car was sold on 7th january 2010 for £2950.00.

But they havent recieved any of my previous letters or emails, so ive sent them again and they requested a fax of the court doc, I cant fax so I scanned it into the email along with my previous 2 letters.

 

 

Now we have a flow of conversation going, I am going to ask them to respond to my fee details letter, shall i tell them i intend to challenge the fees as I do believe they amount to fraud.?

 

Thanks again for support,

 

sarah xxxxxx

[postggj]

Did You Get A Concise Break Down Of The Fees

[hardworking_harddoneby]

Did You Get A Concise Break Down Of The Fees

 

Hi again Postggj,

No, they said they didn't receive my previous correspondence, but Ive just forwarded the requests that I sent on the 5/1/2010 and will make sure I get an answer on that, or else do you think i should print and post again by recorded delivery?

 

Hope you're feeling better now by the way,

 

Sarah xxxx

[postggj]

I Think They Have Ballsed Up

 

They Took The Car On A Monday

Sold It At Auction On A Thursday

 

I Thought They Had To Keep It For Seven Days Before They Could Sell It

 

Tomtubby Needs To Confirm As Its Just Personal Knowledge And Cant Confirm

[postggj]

We Need To Get Cracking On The Fees

No Wonder They Are Dragging There Feet

 

WERE ANY OF YOUR REQUESTS SENT RECORDED

[hardworking_harddoneby]

I Think They Have Ballsed Up

 

They Took The Car On A Monday

Sold It At Auction On A Thursday

 

I Thought They Had To Keep It For Seven Days Before They Could Sell It

 

Tomtubby Needs To Confirm As Its Just Personal Knowledge And Cant Confirm

 

 

thats what i thought.... would be nice to know for definite!!!

 

xxx

[postggj]

If They Have Done This, Its Small Claims Time

[hardworking_harddoneby]

We Need To Get Cracking On The Fees

No Wonder They Are Dragging There Feet

 

WERE ANY OF YOUR REQUESTS SENT RECORDED

 

No the template letter ive sent said -

It is delivered by Royal Mail and deem it good service upon you by the ordinary course of post under Section 7 of the Interpretation Act 1978

but if they don't respond to todays email request I will send recorded tomorrow

 

 

X

[postggj]

We Will Sort This

Get You A New Car Plus Comp

 

Get That Request For A Break Down Of Fees SeNT Recorded Delivery

 

Do You Still Have The Original Baliif Letters Saying How Much You Owe

[hardworking_harddoneby]

We Will Sort This

Get You A New Car Plus Comp

 

Get That Request For A Break Down Of Fees SeNT Recorded Delivery

 

Do You Still Have The Original Baliif Letters Saying How Much You Owe

 

 

I have them still but think i sent the judge the last one and i cant find my copy, itll be here somewhere though....

 

Original judgement debt - £2875.00

 

 

total now due on 29/10/2009 = £5374.95

 

and the 4/1/2010 visit made it up to £6000 i will scan it when I find it.

 

xxx

[postggj]

First Thing Is Get That Letter Sent Off Ref Fees

Then We Get Tomtubby To Confirm On The Legality Of Selling The Car Three Days After They Lifted It

[hardworking_harddoneby]

First Thing Is Get That Letter Sent Off Ref Fees

Then We Get Tomtubby To Confirm On The Legality Of Selling The Car Three Days After They Lifted It

 

 

Ok, will do, I'll let you know if I get a email reply...

 

Just have to see to kiddies, be back as soon as I can xxxxxxxx

[RaeUK]

Hi HH and post, I believe - not that it matters here - where a car is levied you then have 5 days to pay.

 

See Halowitchs post here:

 

http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/241840-bailliff-seized-company-car-8.html

 

#151 page 8.

 

Best wishes.

Rae.

Edited January 26, 2010 by RaeUK
tie poo

[hardworking_harddoneby]

Ok, will do, I'll let you know if I get a email reply...

 

Just have to see to kiddies, be back as soon as I can xxxxxxxx

 

 

 

Only a badly spelt automated reply recieved "Thank you for your email, this will been passed to our Operations Team who will reply accordingly.

", so just called friendly bailiff again, told him i need him to nudge his office again to reply they have received my emails before 5pm today,

 

He said he will do his best.....

 

Funny how I had a nice flow of convo going, then we mention the car and fees and it goes all quiet.... loving the grammar mistake on the automated response... done in a hurry was it, do you think?

 

xxxx

[hallowitch]

Hi HH and post, I believe - not that it matters here - where a car is levied you then have 5 days to pay.

 

See Halowitchs post here:

 

http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/241840-bailliff-seized-company-car-8.html

 

#151 page 8.

 

Best wishes.

Rae.

 

I don't think this applies to hceo but I'm not 100% sure

[hardworking_harddoneby]

I don't think this applies to hceo but I'm not 100% sure

 

 

Just found a number for them and got through to the "operations team". Told her I needed an email response confirming receipt of the email including the scan of the order and the letters sent as attachments before 5pm....

Just got this -

 

"We confirm we have received your email dated 26 January 2010 together with attachments."This matter is currently being dealt with by Mr C***** who will respond under separate cover."

I also had her confirm which address I should send my recorded delivery letter to.... and got her name.....

 

xxxxxx

[hardworking_harddoneby]

I don't think this applies to hceo but I'm not 100% sure

 

 

'Tis a shame... but surely taking it on monday and selling on thursday does seem eager to me, and surely also to a judge? I hope so....