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UK-Justice
UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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I am looking for ugernt advice on how to have a wlking possession

Customer Question

I am looking for ugernt advice on how to have a wlking possession order cancelled/revoked 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

thank you
Submitted: 3 years ago.
Category: Law
Expert:  UK-Justice replied 3 years ago.
Thanks for your question, I will do whatever I can to help you. Please remember to rate my answer SMILEY FACE OR ABOVE.

Do you have evidence they are owned by someone else?
Customer: replied 3 years ago.

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


 


 

Expert:  UK-Justice replied 3 years ago.
Who is this owed to?
Customer: replied 3 years ago.

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

Expert:  UK-Justice replied 3 years ago.
Thanks.

You therefore need a Court order to set aside the possession.

You can ask the Court to do this for you.

But that is how you cancel it - by applying to the Court to suspend/set aside the possession.

I hope this helps.



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Customer: replied 3 years ago.

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.


 

Expert:  UK-Justice replied 3 years ago.
The grounds are what you have set out to me.

The goods do not belong to the company who has the debt.

The fact you havent seen the warrant is not really relevant.

But the fact they do not own to the Co.



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UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience: Called to the Bar in 2007
UK-Justice and 2 other Law Specialists are ready to help you
Customer: replied 3 years ago.

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

Expert:  UK-Justice replied 3 years ago.
I assume you have evidence that it belongs to someone else?

You need that evidence.

You apply to Croydon to set aside.


Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Customer: replied 3 years ago.

ok what forms shall I sue? N244?


 


shall I consider a 3rd party claim considering a walking possession was made?

Expert:  UK-Justice replied 3 years ago.
Yes, as the Court is in England I would use form N244.

There will be a Court fee of £80 to pay.

No, I would not concern yourself with a 3rd party claim at this stage.



Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Customer: replied 3 years ago.

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?

Expert:  UK-Justice replied 3 years ago.
Ah forgive me.

I see, yes form N244 third party claim an order to suspend the possession.

You dont need to worry about Rules if you are in person - the Judge will know what this is.



Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Customer: replied 3 years ago.

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

Expert:  UK-Justice replied 3 years ago.
Forgive me - yes.

I would and put them on notice.



Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Expert:  UK-Justice replied 3 years ago.
I'm just following up with you to see how everything is going. Did my answer help?

UK-Justice
Customer: replied 3 years ago.

to tel lyou the truth only in part as few details were missing but thank you anyway

Expert:  UK-Justice replied 3 years ago.
Welcome.

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