I have been involved in a long running legal battle and ended up the loser with a judgement of £42,000 made against me.
This was to do with a business partnership that started in 2003 and was dissolved in 2008 with much acrimony.
The other side then made claim against me on an address where they knew I was no longer living (as they owned it ) and obtained a judgement by default in 2008.
I knew nothing about this judgement until September of 2012 when out of the blue a Debt Collecting agency wrote to me demanding payment of £41,000.
The other side had waited for FOUR years before pressing their claim to allow the statutory interest on the original judgement to accrue to a nice healthy sum.
I lodged an appeal for set aside but lost on a technicality in January of this year but the judge ordered a stay of 2 months before enforcement could begin.
It may as well have been £42 million as I am unemployed and have no assets whatsoever other than talents in the I.T. area.
However my age is against me in that I am 64 years old and trying to find a job is not too easy although I have never stopped trying to find work.
The two months passed and enter stage left The Sheriffs Posse aka The Sheriffs Office of the Croydon Corral with a visit to my very small flat on the 9th of April.
An attempt was made to levy on goods for the now increased sum of £46,700 but as nobody was at home a form 55 was simply pushed through the letter box.
I telephoned the HCEO on the 9th of April and he simply laughed at the thought of being able to recover anything at all from where I am living and said the writ would be returned.
No Walking Possession Agreement was signed nor any list of goods made - the endorsement was for 'all goods up to the value of the debt'.
This would not appear to me to be a valid levy on goods but I stand to be corrected on this.
I would not in any event have allowed the HCEO peaceable entry to my property had I been at home nor will I in the future.
I have no goods, no money and no other assets and have beeen in receipt of benefits for the last four years.
I made an application for stay of the writ of fifa using form N244 and this was granted by the District Judge with a 15minute hearing date scheduled for next week (W/C 29th April).
Accompanying this was an application on form N245 giving an offer to pay - basically a token monthly payment which is now up and running with the other side and awaiting their response since the 18th of April.
So, it would appear that I have two stays of execution in effect and under court process and a little relief from the nightmare world and stresses of the Alice in Wonderland logic of HCEA enforcement.
Not acording to The Sheriffs Office who despite my co-operation with them say that 'they will proceed anyway' and 'unless the debt is settled in full the HCEO will reattend with the van to remove your goods and chattels' on Monday 29th or Tuesday the 30th of April.
I have kept them fully informed and given them copies of all of the courts orders as well as my benefit claim documents to prove I am unemployed but this does not seem to matter to them.
They are above the law it would appear and spurred on by the claimant who is utterly malicious they are doing their best to harass me.
What do the learned members of the CAG forums think of this ?. Should I apply to the court on Monday for an injunction with form N16 to stop their enforcement attempts ?.
Or perhaps I should ask the Judge who issued the original orders to clarify whether or not they can disregard his orders.
Can The Sheriffs Men simply ignore the Courts orders and do what they wish - if so what is the point of having a due process of law ?.
This I believe is a classsic example of the utter mess that this area of enforcement has fallen into. It truly is the Wild West.
I am asking my M.P. to complain to the Justice Minister as this is symptomatic of the treatment of vulnerable people usually the least able to defend themselves by these HCEA's .
Your thoughts and advice would be gratefully received.
With thanks and regards