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Max Lowry
Max Lowry, Advocate
Category: Bankruptcy Law
Satisfied Customers: 80
Experience:  LLB, 10 years post qualification experience
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cancel a walking possession

Customer Question

cancel a walking possession
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  Stuart J replied 4 years ago.
Can we have the full background please?
Customer: replied 4 years ago.

Company A owns 20k to a builder


Company A doesn't pay and builders gets a CCJ


CCJ transfered to sheriff office


HCEO comes and forces his entry into the business premisses


Police is called he claims I let him in, despite my effort police doesn't remove him


he first gives me a Form 55 with a list of goods, then agrees for a walking possession.


Premises are on the name of company A BUT all goods in the premises are identified with label that is owned by company B;


we provide invoices that company A doesn't own the goods and he still ignores all of them, now I am looking to apply to a court to have the walking possession cancelled on the basis that:


levying on goods that are owned by company B;


Levying on goods for a debt that originated in the name of other limited liability body;


Form 55 was now signed


Levied on an electronic device that holds personal data, medical records, student notes etc, or intellectual property (we are a financial service company)


we have not show any warrant of execution when asked


\I need to apply for this urgently


thank you

Expert:  Stuart J replied 4 years ago.

I am going to opt out of this and referred it to another expert because it is beyond my sphere of expertise.

Customer: replied 4 years ago.

what is the process to opt out and get someone else?


 

Expert:  Stuart J replied 4 years ago.
I have opted out and the thread is now open to all experts. Expert come online and go off-line all day and someone will pick it up when they see it and they have the necessary expertise to answer. There is nothing for you to do