It's over N244 granted it appears, solicitors confirm case closed.

"A simple claim that the goods belong to the other half is not enough. Written proof of ownership (and the absence of joint ownership with the defendant) is essential to prevent removal and this should include purchase receipts and bank statements where applicable." Taken from the link. The motorhome is almost brand new, the money came from a compensation claim that was my wife's, the receipt is in her name, the DVLA docs her name and the insurance too. I've never even driven it.

I've even read in places on this site the same information.

Not according to national debtline, they say that if a person is married it doesn't matter, only the goods belonging to the defendant can be taken. As I don't want the guys back at the door, as it'll add even more fees, if I pay it and before they cash the cheque the n244 is successful I could cancel the cheque. Or if I pay on card, could I rightfully claim it back or is it too late then?

They told me I should've updated the court, when I didn't even know anything was happening so how could I do this, and had received nothing from anyone, I was at the old address until oct 12, so plenty of time. I did update the claimant and their accounts computer holds the correct address for me. They undoubtably knew it was an old address, it's just proving so.

The CCJ was registered in May this year. 3 years since any communication on the matter. The Statute of Marlborough info came from dealingwithbaliffs website.

Ignore then, I just found it on another site.

Their solicitor thinks I wont get the set aside as I have once replied way back in 2009, despite telling the original claimant of change of address. Should I pay, and then go for fees back based on incorrect levy and excessive levy, etc?

Yes this is possible. It appears that I may have replied to a court claim document with a defence over 4 years ago, not that I even recall this, and that as we were in a process of discussing the amount owed, judgement was held, the solicitor claimed to have written to me at the end of 2010 (never received although still at the old address then) and then 3 years later applied for judgement and got it. I had informed the original debt holder of change of address in 2010. Also the levy as well as being on someone elses properly, is excessive, it is a 30K van for a 3K debt ( Steel Linings Limited, Mark Harvey v Bibby & Co [1993] EWCA and the Statute of Marlborough 1267 c.15), anything I can do about this?

Sole trader, still in business but trading from home rather than the old business unit.

Also what is the deal with vulnerable people at the premises, my wife has a mild mental illness and there are young children in the house also. Can this be used to stop them for now?

There's nothing in any outbuildings, there nothing outside the property other than on the levy, the main item, being owned by someone else, they have presumed it's mine incorrectly, the other car is not worth much and is non running anyhow. N244 should be heard later today.

National Debtline said they could not add, as they wont be let in the house, so they won't find anything else anyhow.

Can they take items not on the levy? The levy states one camper van and one old car, nothing more, debtline said they cannot add anything to it once it has been completed. Also the campervan is worth about 10 times the value of the debt, is this not classed as excessive levy? (It is wrongful for a bailiff to levy on goods (or vehicles) for more than is lawfully due, Wilkinson v Terry 1 M&R 377 or McGuckin v Dobbin 15 Ir Jur 311)

High Court Enforcement put a note through the door yesterday, reference a CCJ and subsequent High Court Judgement, that had gone through without my knowledge (yes really!) The original debt is a few disputed invoices with a parcel courier dating to 2009. I have had no communication with this company since 2010, when I wrote to them offering a value to clear the debt, to which there was no reply, and also no reply to a follow up 6 months later. Since then, not a dickybird heard from them. All paperwork went to an old business unit I used to rent. Although upon calling the original creditor today to check my account status, they have the CORRECT address for me on the system. 3 years later they appear to have found the account and decided to push ahead with it, so I would assume all letters, court docs, CCJ etc went to the old, and empty business unit, and therefore would've been returned as 'gone away'. Of course the HCE guy does happen to find the correct address so drops a demand for £3000 through the door yesterday. This morning I have applied for N244, which they said will go to the judge later today and they will write with the outcome within 48 hours. No phone contact will occur they stated. In the meantime, how do I keep the heavies at bay, stop them coming back until the N244 is stamped? Also they levied on an expensive camper van which is my wifes and all in her name, we have receipt of purchase, DVLA docs, insurance etc which prove it's not mine. Debtline said that this is their mistake and that they can not levy again, which is a relief. What do to for the next couple of days?

This section http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?282-General-Retail

Did you speak with the letting agent to check you have the correct payment details, bank account number etc, did they confirm or deny receipt of payment?

I've had these before, I didn't pay them and nothing came of it.

So no court contact is required, baliffs straight in the door with no court order, or anything else?

Thanks Tom. I didn't see (maybe I missed it) anything to say if they can send baliffs without a court order.

I am behind with my business unit rent, only a few months, but the council aren't happy, this is what they have said will happen if I don't pay within 7 days, some of this looks highly suspect to me, please advise. Can they just 'send' bailiffs without it going to court first? I'm going to try hard to pay of as much as possible quickly anyhow, but times are hard. "I regret I must now inform you that unless full payment is received within seven days of the date of this email Recovery Action will be taken without any further reference to you: this will probably be either by instructing Solicitors to seek Judgement in the County Court, or more usually by passing the matter immediately to Bailiffs who will collect the Debt personally. In both cases costs will be incurred and obviously the (place of rental) will seek to have these paid by you - in the event of Bailiffs being instructed, however, a large part at least of their charges will automatically be due from the Debtor. It may be that all Debt Collection costs will be paid by you and if this is so then such costs may well be substantial - amounts in excess of £300 would not be unusual. You should also be aware that the Bailiffs' charges will start running as soon as they make a visit, whether or not the Debt has been settled in the period between instruction and visit. It is, of course, up to the Licensee to ensure that his/her licence fee/service charge actually reaches the (place of rental) by the due date and if your licence fee/service charge is paid by Giro or through your own Bank then enough time must be allowed by you for that payment to reach the Council by the relevant date. Would you please note that I have spelt this out so that there shall be no doubt as to what will happen if your service charge and licence fee is not now paid. On any future occasion where the licence fee and service charge remains unpaid after 21 days following the due date, Recovery Action as above will be taken without any further notice

Costs more direct, they are cheap and from my personal experience, ok. They can only be as good as the end courier company, who ultimately are the ones who lost the packages. Keep a note of trackin numbers are contact the courier direct in case of issues. Saying that, I find parcelmonkey a little better.

Contact Shelter.

Unless you pay within the first month, it stays on your record for 6 years.

Apple bang on about 12 months only, but the SOGA plainly says different.