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T O P I C R E V I E W
carlid
Posted - 10 December 2008 : 18:21:06 hi, could you please give me some advice. i had an high court sheriff visit my home yesterday. he said he had a right to enter and would call the police if i didnt let him in. after refusing to let him in again he said he could charge me 160 pounds an hour to sit in his van until i let him in. i still didnt give into him and told him to go and sit in his van which he did , after 10 minutes he came back and posted some paperwork through my letterbox. one tiltled a nitice of seizure which states all items included in the seizure are all goods on the property as required to satisfy the debt. the other paper is titled walking posession order which i think he is expecting me to sign and return to him. i dont understand how he can post a notice of seizure if he has never entered the property. the debt he is from solicitors fees that i had agreed to pay through a ccj, i just wanted to ask does he ahve the right to force entry and also i have a car worth about 600 pounds which is parked on a carpark at the rear of my house is he allowed to sieze my vehicle if it is not on a driveway.
3 L A T E S T R E P L I E S (Newest First)
John
Posted - 12 December 2008 : 14:19:27 Hi
ok, so the CCJ was inplace but circumstances have changed and you have failed to make the agreed payments and this, obviously, is the reason you are being chased.
The situation is that they may well claim your car. I'm afraid that they will not take into consideration the fact that you may need it to seek work.
What will stop them being able to claim is the debt being repaid or you becoming bankrupt. As you cannot afford to pay is there a 3rd party that would be willing to pay on your behalf.
If you become bankrupt the OR will allow you to keep the vehicle if you need it for work and will also consider allowing you to keep it in order to seek employment. In this case you would be expected to secure employment within a reasonable time.
Before bankruptcy or repayment of the debt the car is at risk.
Obviously I am not suggesting that you declare bankruptcy purely to keep a vehicle.
Posted - 12 December 2008 : 12:00:07 the money owed to the solicitor was about 1500, and i went to court and was tld to pay 40 pounds per month.
when i went to court my partner was workng but shortly after he lost his job and we are now claiming job seekers allowance and child tax credits.
what would you suggest i do with my car as i dont want this tobe taken. i will have no hope of finding work if i dont have transport to work or to take my children to school.
thanx for taking the time to reply xx
John
Posted - 10 December 2008 : 21:33:41 Hi
he has no legal right to enter your property if you do not wish him to.
The notice of seizure and the walking possession are only of use to him if he has entered the property and you have signed, don't.
The car can be claimed if not on your property.
Are you saying the CCJ is in place? How much is owed to the solicitor?
