Help for wrongful CCJ and High Court enforcement officers

[chetan]

Hi

Need help with the following please:

I have a high court sherriff from marston visited my home againt a high court writ(fi-fa) and the first name on the writ is different than my name but has my trading soletrader name and i have no clue of what the writ is for and never recieved any documents.

Suggested by one friend i applied for writ to be setaside and writ to stay by the way of 2 different applications.

I received a letter from bailiff that they have the instruction to go ahead with the enforcement.

I investigated further and found out that someone might be using my name at a different address.

 

What powers high court enforcement officers have ?

He is threatening to break and take my goods can he?

chetan

[Guest Happy Contrails]

You need to get the order set aside because you have not received an opportunity to defend it.

 

 

He is threatening to break and take my goods can he?

 

 

Did you get a document making that threat. It usually has the word Locksmiths on it.

 

If a bailiff threatens to bring a locksmith and break into your home, he commits an arrestable offence under Section 25 of the Theft Act 1968. It is called going equipped to commit burglary. Make a clean copy of the bailiff's locksmith document and send it to Police with the following letter. Keep the original locksmith document in a safe place.

 

Your document is sufficient evidence and the police should at minimum, arrest the bailiff and question him under caution at a police station and the bailiffs DNA goes on the national database!

 

The Chief Constable

Name of Police Authority

Address 1

Address 2

Address 3

Postcode

 

DATE

 

Dear Sir/Madam

 

Re: Reporting a crime - Section 6 of the Criminal Law Act 1977

 

I enclose copy of document left at my home by a man saying he is a bailiff (the suspect) and it threatens to enter my home by force using a locksmith. I understand this commits an arrestable offence under Section 24 of the Police and Criminal Evidence Act 1984.

 

On 17 March 1998 Lord Justice Morritt in the High Court ruled that bailiffs having a Walking Possessions Agreement cannot remove anything whilst the debtor is absent unless it is pre-arranged by appointment and with an Order signed by a Judge. The Judge also said in his conclusion (quote) However it should be noted that in cases such as these there may be a sanction pursuant to Section 1 of the Criminal Damage Act 1971. In other cases the provisions of Section 6 of the Criminal Law Act 1977 may apply also. (unquote). Khazanchi & Anor v Faircharm Investments Ltd & Ors [1998] EWCA Civ 471.

 

I appreciate the police have a tendency to dismiss reports of bailiff crime to be a civil matter, but I understand that concealing a crime under a pretence it is a civil matter is called "Perverting the Course of Justice ". I ask that the police refrain from looking for reasons not to investigate the crime or try to conceal it.

 

Please assign a crime reference number and I request the crime is investigated professionally and objectively and I am happy to help you in your enquiries and stand as a prosecution witness at trial. I still have the original threat document if it is needed in evidence.

 

Yours Sincerely

 

 

YOUR NAME

Enc: copy document making threat to enter by force with a locksmith.

 

If the police fob you off with excuses or tries a delay tactic, write down the name and rank of the police officer and contact the IPCC and your MP with a written complaint of 'Perverting the Course of Justice'. It is an offence under Section 4 of the Criminal Law Act 1967 to conceal a crime under false pretences. You will then find the police will start cooperating soon enough!

[chetan]

Thanks alot Happy for the help

Firstly I apologise confusing you the letter reads named to ("someone else's first name & my surname" T/as my company name) as follows:

This execution has not been settled and I now write to give you fair warning that my officers will attend at your premises with REMOVAL CONTRACTORS on 04/11/09. The purpose of this visit is to seize and remove sufficient of your goods to satisfy this writ.

 

It is imperative that you or your representative is available to meet them on the day in question. I suggest therefore that you telephone my office upon receipt of this letter to arrange a mutually convenient appointment.

 

As I have told you previously the effect of the writ I hold is to bind your property in your hands from the time the writ is lodged until it is withdrawn.(Schedule7 section 8(1) of the courts act 2003). Section 9 places a duty on me to seize sufficient of your property to satisfy the judgement debt and related costs in the absence of payment voluntarily.

 

Rest is not important goes on saying on adding the costs.

 

I have already applies to court last week for 2 ordres

1. judgement set aside

2. stay on writ

 

Today court dismissed it saying the following:

THE APPLICATION TO STAY THE WRIT IS REFUSED. REASON BARE DENIAL BY DEFENDANT, NO VALID DEFENCE SUGGESTED.

and further asked to reapply

NOTE: A party affected by this Order may under Rule 23.10 apply to have it set aside, varied or stayed. Such a party must apply under Rule 23.10 within 7 days of service of this order.

I have done 2 application by N244 again today

1. to set judgemnet aside

2. stay on writ

then phoned and sent a letter to balliff claiming I am not the right person on the writ, but his reaction was I will be attending tommorrow at your property.

 

PLEASE HELP IF U CAN

THANKS IN ADVANCE

[Guest Happy Contrails]

THE APPLICATION TO STAY THE WRIT IS REFUSED. REASON BARE DENIAL BY DEFENDANT, NO VALID DEFENCE SUGGESTED.

 

You need a solicitor, this is beyond the technical scope of a public forum.

[High Court Enforcer]

If a bailiff threatens to bring a locksmith and break into your home, he commits an arrestable offence under Section 25 of the Theft Act 1968. It is called going equipped to commit burglary. Make a clean copy of the bailiff's locksmith document and send it to Police with the following letter. Keep the original locksmith document in a safe place.

 

Your document is sufficient evidence and the police should at minimum, arrest the bailiff and question him under caution at a police station and the bailiffs DNA goes on the national database!

 

If the police fob you off with excuses or tries a delay tactic, write down the name and rank of the police officer and contact the IPCC and your MP with a written complaint of 'Perverting the Course of Justice'. It is an offence under Section 4 of the Criminal Law Act 1967 to conceal a crime under false pretences. You will then find the police will start cooperating soon enough!

 

(Edit)

 

Depending on the property, the HCEO has every right to attend with a locksmith if necessary.

 

He will not be arrested by the Police for 'going equiped to commit burglary' because under the order of the Writ he is commanded to seize in execution the goods, chattels and other property of the defedant.

 

Now, if you genuinely are not the defendant then you should contact your county court where judgment was issued as a matter of urgency. It would be adviseable to contact the HCEO also and advise them of such.

 

When you say the name is incorrect, is it a completely different name or is it just a 'typo' of your name?

Edited November 3, 2009 by maroondevo52
Removed unsuitable comment

[chetan]

Thanks for the reply

I have contacted the court and sent 2 orders last week and 2 orders today by guaranteed delivery for tommorrow. But how to deal with them in the morning if they turn up.

 

What if no body is home can they break in the house.

 

Also Its not typo

my first name is "ANJU"

they used "ANGIE"

[chetan]

one more thing I investigated that the ccj was taken on an address which used to be my trading address up untill 2006

Some one must have taken my trading name details from there but not the full name

[High Court Enforcer]

Thanks for the reply

I have contacted the court and sent 2 orders last week and 2 orders today by guaranteed delivery for tommorrow. But how to deal with them in the morning if they turn up.

 

What if no body is home can they break in the house.

 

Also Its not typo

my first name is "ANJU"

they used "ANGIE"

 

No, they cannot force entry into your house. They can gain peaceable entry through an open window or unlocked door.

 

They can break into detached garages / barns. They could also remove vehicles.

[Guest Happy Contrails]

No, they cannot force entry into your house. They can gain peaceable entry through an open window or unlocked door.

 

Are you feeling allright?

[Guest Happy Contrails]

one more thing I investigated that the ccj

 

For the record, is this a County Court Judgement, or something else.

 

My opposite number is going on about HCEO's

[chetan]

I don't know much about the judgement but after speaking to high court enforcement officer the judgement was taken in county court and then passed into high court for the writ of (fi-fa)

[danboy381]

Chetan, this sounds a bit dodgy - get a lawyer that specialises in debt/litigation etc. You need to apply to the court properly - i.e a stay of execution, (is that right anyone?), but you probably need a lawyer as theres less chance the court would dismiss an application backed by a legal bod.

 

No good contacting the hceo as they probably wont listen to your protests. If i was you, lock all doors and windows, hide any vehicles away from property. i.e garage empty unless its physically connected to the house, (if its connected to the house it forms part of the residential dwelling, and therefore they cant touch it) then go out for the day and find a solicitor.

 

In my experience it's one thing dealing with a bailiff collecting a CCJ, when its a writ its impossible to talk with hceo's you are wasting your time. They wont be interested as they think they are above everything. Time is better spent sticking pins in your eyes.

 

Ridiculous situation, but just get a lawyer on it.

[Guest Happy Contrails]

Remember, NEVER allow an HCEO to come into your home or have contact with your goods or a car.

 

The law prescribing fees chargeable by a High Court Enforcement Officer (HCEO) for collecting unpaid debts is Schedule 3 of Regulation 13 of The High Court Enforcement Officers Regulations 2004. Broadly speaking it provides:

 

Where the sum due is £100 or less - 5%

Above £100 - 2.5%

 

If he levies on your goods and transports them in a van then:

 

Mileage Charges - 29.2p per mile Max £50

Seizure of goods - £2 per site

Signed Walking possession agreement fee - £3.25 a day

 

These are statutory fees, if an HCEO tries to charge you anything else then you dont have to pay. If he threatens you with anything then he commits an offence.

 

Print this out and keep it by your door.

 

 

DEALING WITH BAILIFFS ON YOUR DOORSTEP

 

 

1. ALWAYS! Keep your door LOCKED SHUT at all times. NEVER open the door to a bailiff - speak to him through a window or the letterbox

2. ALWAYS! Hide your car - in the garage or park it well away

3. ALWAYS! Take photographs of the bailiff and his vehicle, even better use a camcorder and video-record EVERYTHING

4. ALWAYS! Speak as LITTLE AS POSSIBLE and let the bailiff do the talking

5. ALWAYS! Ask for his bailiff's certificate number

6. ALWAYS! Ask which court issued his certificate

7. ALWAYS! Ask for a full breakdown of his fees IN WRITING

8. ALWAYS! Ask who the creditor is (if you don't know)

9. ALWAYS! Pay using a credit card, avoid cash and debit cards if possible

10. ALWAYS! If you have grounds, get an appeal lodged immediately (parking tickets) - it stops enforcement

 

1. NEVER! Sign any documents handed to you by a bailiff

2. NEVER! Phone a bailiff (unless asking him which Court issued his certificate)

3. NEVER! Admit any debt

4. NEVER! Say or "confirm" your name address or date of birth

 

If you feel intimidated or a bailiff threatened to break in then call police on 999. Remember that door remains LOCKED SHUT until the bailiff is a safe distance from your property. You DO NOT have to open the door to police. Get everything on video, it can be used in court: Example: YouTube - Rossendales Bailiffs

[chetan]

can i not refuse as not the right person on the writ and have proof that all the goods at my home belongs to even cars under my name but not the name on the orders (as different from my name) they are holding and call the police if required or needed.

[danboy381]

Chetan, if the hceo turns up take my advice as above. They wont listen. Tell them what you want, all day long.

 

Call the police if you want, you will probably be amazed to find out how they wont be interested either and wont listen to you.

 

They will probalb tell you they are there only to keep the peace. i.e stop you punching the hceo or the otherway round.

[Guest Happy Contrails]

If you call police to a bailiff incident, you MUST capture everything on video for crime prevention reasons. Seek expert advice on name typos, the law only decides on incorrect addresses. Section 7 of the Interpretation Act 1978.

[chetan]

So, in summary If I want to hassle someone can get a judgement at someones name at any unknown address in UK by default and then as high court to enforce the judgement by hceo at different address to execute it.

Surely there should be a duty by someone to check that they are not harrasing the wrong person.

[chetan]

I am confused and not understanding that if the order is issued against someone at a different address, different name

 

Can I not tell the hceo that the person on that order is not me, then what can he do???

 

My house, my car and all the goods in my house is on my name and the order is on different name can I simply not tell him to go away.

[Guest Happy Contrails]

can I simply not tell him to go away.

 

If you have the power of persuasion then you can try herding an HCEO away with the power of the voice.

 

To be honest, I dont know the legal position on a typo in a defendants name in a civil proceeding.

 

I do know the magistrates courts have a "slip rule" where minor corrections can be made to a defendants name. I think this only applies to mistakes made by the court.

[danboy381]

So, in summary If I want to hassle someone can get a judgement at someones name at any unknown address in UK by default and then as high court to enforce the judgement by hceo at different address to execute it.

Surely there should be a duty by someone to check that they are not harrasing the wrong person.

 

 

yep pretty much chetan. This is one of the reasons the uk is kerr-nackered, and why 1000's of decent, hardworking, educated people emigrate the UK every year. The whole island at the moment is a Joke.

 

As HC will probably tell you flying out of the UK is one helluva lot better than flying in.

[chetan]

HC and danboy

Thanks for the help and I will decide in a bit and let you know what I will do tommorrow and also the outcome

[danboy381]

good luck. film everything if you can. it will be an experience.

 

db

[Guest Happy Contrails]

and why 1000's of decent, hardworking, educated people emigrate the UK every year.

 

I only get to greet passengers from the 1st class cabin, and they have their own story to tell.

 

I dont normally have access to the economy cabin, but from the cockpit I see the economy passengers waiting inside the terminal building before pushback on a Heathrow > Dubai > Bangkok/Manila, to be honest, I dont think the UK will miss them.

[chetan]

I decided not to face them tommorrow.

[chetan]

Hi Everyone

Heres the update.

Firstly I apologise for not posting anything yesterday as it was a bit of pressure off myself and I wanted to enjoy the evening.

 

Back to the issue night Before I did not sleep very well, always thinking of what will tommorrow bring me. Atlast in the morning there was no sight of the HCEO and I made several phonecalls to court and asked if they did recieve my application for "judgement set aside" and stay of execution and after bit of luck there was this lady other side of the phone manage to give me the details of the claimants solicitors.

I phoned the solicitors and explained the whole situation and told them that it might be the case of identity fraud as I am not the person in the high court orders.

So, they decided to get the HCEO off my back and they will be proceeding with the normal way through court.

which was a relief for me.

 

Thanks alot for all of you with the guidance and support provided. Much much appriciated.