we have contracts, receipts of purchase etc
also each item is labelled with its own anti tampering label with written on property of Company XYZ with the sequential inventory number
Company A owes 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, he assaults me and put his boot into the door and comes in
Police is called he claims I let him in, despite my effort police doesn't remove him and him admitting there has bee na struggle at the entry between me and 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
ok, but what grounds shall I use to have that set aside? considering the order has been issued by a court far and will take few days for them to process it when in theory on Friday they will come back.
ok understood but what shall I provide as evidence?
is there any way this can be done urgently?the ccj was issued in northampon but then transferred to croydon queen's bench
ok what forms shall I sue? N244?
shall I consider a 3rd party claim considering a walking possession was made?
But I am the 3rd party, I need to protect my assets;
shall I not seek a RSC Order 17 under rule 2 or 2A?
I am not talking about the suspension of the order,
along side that I think I shall send a letter to the Sheriff under RCS Order 17 rule 2A so that he will be forced to seek court guidance
to tel lyou the truth only in part as few details were missing but thank you anyway