Big Shoooz
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I mentioned the N24 in thread #63
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I can do that but it won’t stop the bailiff from visiting. The letter I received from them doesn’t even give me a date when they will visit. Aren’t they supposed to give an idea of eta?
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No I think I’ve declared everything. Maybe Dodgeball at thread #16 above hit it on the head and it’s been transferred up without a CCJ because it’s over £600? Is there anything I can do to delay “the visit”? Can they turn up if I haven’t received the writ and the notice of enforcement? Should I ring and ask them to hold the bailiffs until I’ve received these plus I don’t even have a breakdown of the debt? Do you believe this is genuine enforcement action and not a scare tactic to get me to pay? Sorry for all the questions, just really panicking right now and it’s not helping my illness .
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I haven’t got a garage and I believe they still find vehicles if you park them somewhere else. I’m more worried about the business vehicle. Is it true that they can’t touch a vehicle which belongs to a limited company? If so, would we be wise to change my husband from a sole trader to a limited company?
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The vehicles belong to me and my husband so we do own them but I need mine to get around (I’m disabled but awaiting a Blue Badge) and my husbands is for his business which he can’t run if he doesn’t have it. What can we do to stop them from being clamped?
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That is so wrong. There must be lots of people out there who owe more than £600 who suddenly get a visit from the bailiffs. So I won’t actually have a noticeable CCJ on my credit file if this is the underhanded route they have taken? I have no assets inside my tiny home but I’m very worried about the vehicles. One belongs to a vulnerable person (disabled) and the other belongs to a sole trader. Is there anything I can do to protect them?
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Is this legal? I have a mail redirection set up for my previous address though so I would have received any documents UNLESS the envelope was addressed to the current occupier whose name the claimant would know because he is their landlord.
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How does a backdoor CCJ work? As I said earlier, I’ve searched credit report and trustonline and found nothing.
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Here is the letter. Please remember, this is the first correspondence I have received on the matter. I haven’t received any forms from the Court (which I believe I should have been issued with for a CCJ) and I have received no correspondence from the claimants solicitor regarding payment. I didn’t appear at the last appearance in February. My counterclaim was struck out on that occasion and I was to pay the claimants costs. I received an N24 stating this. There has been no correspondence from anyone since then but as far as I know the original claim is still ongoing.
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Here is the letter. Please remember, this is the first correspondence I have received on the matter. I haven’t received any forms from the Court (which I believe I should have been issued with for a CCJ) and I have received no correspondence from the claimants solicitor regarding payment. Scan 28 Apr 2019.pdf
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But if they have a warrant I HAVE to let them in. I’m honestly more worried that they will find our cars and clamp them. Can they do that without a CCJ in place and without a warrant?
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Hmmm, they already seem dodgy because they sent me a letter saying “I write further to our previous notice of enforcement sent to you in relation to the above High Court Writ Of Control” but I haven’t had any previous correspondence from them. Also, I have checked my credit score with Clearscore, Noddle and Check My File (who include Callcredit, Crediva, Equifax and Experian) and none of them show a CCJ. I’ve also checked Trustonline and again there is no CCJ. I’ve heard bad things about Court Enforcement Services/Elliott Davies based at Loughton IG10 9GL but appear to be registered at Monument Street, London EC3R 8LJ (along with lots of other companies of the same ilk). Im worried because their letter states an Enforcement Agent has been instructed to attend my property to take control of goods. Obviously I’m not going to let them in without a warrant but I’m also not obliged to even answer the door but my real worry is if they clamp our vehicles. Do note however that they say Enforcement AGENT not Officer, I believe they are not the same. The debt is due to a Civil matter with an individual not a company although he has a solicitor working on his behalf and I’ve been a litigant in person.
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Is it possible for Court Enforcement Services to get a High Court Writ Of Control without me having a CCJ?
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Yes I know I should have been called in last time Andy but I wasn’t and it didn’t go against me. The reason why I am asking if I HAVE to attend this time is because I am very ill and this sort of thing makes my illness even worse so I was wondering if I could send a letter to the Court for the hearing rather than turn up in person?
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Ok, so the claimant has applied to have my counterclaim struck out and the court has granted them a hearing for this. I have received a “Notice of hearing of Application”. So because it doesn’t state “Summons” do I have to attend this hearing? A previous application for strike out made by the Claimant also had a hearing which I attended but was not called into the court room for some reason so, even though I was there and booked in by the Usher, it was on record as non-attendance, even though the Claimants advocate was aware I attended. However, no black mark went against me for allegedly not turning up and the Strike Out was dismissed. This was before any trial date was set for the counterclaim. I understand that not attending this next hearing could go against me but would the Court accept a written statement from me to defend the strike out application?
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Judges orders in November 2018
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Ha ha yes I know, none of us have a crystal ball but I was just thinking along the lines of "what if"! All that's happened since Sept 2017 is that LL got his possession order but the judge allowed me to defend and counterclaim the Section 8. Now the fast track hearing is set for April.
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Which documents do you mean by "have you got the documents referred to?".......the ones that I have already sent or the ones I haven't yet sent? If the Sols make an application, do I have chance to appeal on the grounds that I have sent a disclosure list but due to ill health I've been incapable of sending them all by the deadline? If the Sols make the application and win, do they get the £225 fee back? If so, I guess they will risk it.
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Disclosure should have been made 24th December and I have disclosed a lump of docs but now their solicitor has emailed to say they will be seeking instruction to apply to strike out because I have not met the disclosure deadline.
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The claimant is my ex-landlord claiming rent arrears and I’m counterclaiming for a myriad of things.
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In a nutshell, I have not managed to disclose all my documents by the date required (due to ill health) so the claimant is now threatening to apply to strike out my counterclaim. Where does this leave me? Is it worth disclosing the remaining documents or not? If the strike out is successful, will I be able to appeal or will I get a CCJ automatically? This is is a fast track claim and I am representing myself.
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Thanks Andy. I already have my notes written up but they are not in a fit state to hand over to the judge which is why I wondered if the judge will accept a verbal defence.
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Hi Andy, I'm sorry I don't understand. The defence form notes say that the court will accept defence at any time before or even at the hearing and I have heard of tenants not submitting their defence before the hearing but just turning up at court on the day. it seems acceptable to the courts to defend on the day but I was just wondering if I can defend verbally or do I still have to submit the defence form at the hearing for my defence to be considered?
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