New here - hello - can I take action against Sherforce?

[High Court Enforcer]

Thanks for that High Court Enforcer. The point is when you're sued, you have a chance to defend the action so, despite all of this, I'm not being sued I'm being pursued for an alledged debt for goods I didn't reiceve.

by someone using the legal system. I don't care if Donald Duck signed for the goods. I didn't. Couldn't Because they were delivered to the wrong address like any notification of legal action - despite the so-called creditor having the correct address for me, phone numbers, email addresses, etc. The ONLY time my address has been used is for some sort of enforcement notice like this latest writ in the middle of an application to set aside. I do take your points, however, and I thank you for making them. I question the costs of alternative accommodation however because I plan on seeking those from someone.

 

Are you saying that you believe the creditor intentionally sent the goods and court paperwork to an incorrect address?

 

I can see no reason for issuing a claim against you at an incorrect address as it can be easily defended.

 

I would imagine that Sherforce (or the claimant) have traced you to your current address somehow.

[tippytiptoe]

Hi High Court Enforcer. I'm just stating the facts. Yes, the action is easily defensible - I think. There has NEVER been any secret about my correct address. The claimant delivered to it before and had been in contact with me via email and phone. I even joked with one of their delivery men that I'd be seeing him regularly. Then they delivered to a wong addresss. Any notification of action also went to a wrong address. I'm just stating the facts and letting people draw their own conclusions which is something I'm sure the court will do. The problem is that I'm stuck in this twilight zone situation and I suspect that's why the judge ordered an abridgement - to get it all out of the way in one go. I also suspect that Sherforce will have contacted their client to advise about the set aside, etc. and will have been told to carry on. Although I can't prove that because I'm not their client.

 

Just thought I should add that I don't think the goods were intentionally delivered to a wrong address. I think that was a genuine mistake but why any demand for money should also be sent to the wrong address escapes me, especially as it appears to have resulted several times in enforcement notices being issued to me at the address the claimants had been happily using previously. Emails stopped. There were no phone calls. No questions about future orders. But, who knows, maybe someone told them I had moved!?

Edited December 23, 2009 by tippytiptoe
Added thought

[ploddertom]

Incorrect Ploddertom.

 

A writ can be issued at any District Registry (in a County Court).

 

I appreciate that but Sherforce do theirs in London.

 

PT

[ploddertom]

A thought has just occurred - hard thing for me particularly being Xmas Eve.

 

Do you know if Sherforce have advised your Creditor of your plan of action re Set Aside. They are supposed to take instructions from those that employ them but seemingly they do forget from time to time. If you are still on speaking terms with your Creditor it may be worth a call to see if they will put the lead back on the dog.

 

As I say just a thought.

 

PT

[ohitsonlyme]

A thought has just occurred - hard thing for me particularly being Xmas Eve.

 

Do you know if Sherforce have advised your Creditor of your plan of action re Set Aside. They are supposed to take instructions from those that employ them but seemingly they do forget from time to time. If you are still on speaking terms with your Creditor it may be worth a call to see if they will put the lead back on the dog.

 

As I say just a thought.

 

PT

Good thought PT particularly if you point out to them that they will end up paying the HCEO fees if they dont call them off (this might not be the case but worth telling them tis anyway)

Onlyme

Edited December 24, 2009 by ohitsonlyme
spelling durghhh

[lets fight bailiffs]

You need to go back to the start and this started in the county court so you should file a set aside based on the fact that you never had the chance to defend the county court case.

 

once a set aside has been given then all action inc the high court most stop because the original claim is on hold therefore any action following is also on hold.

 

get in touch with the couny court and get a set aside once you have a date for a hearing then i will help you further.

 

Regards

 

LFB

[High Court Enforcer]

once a set aside has been given then all action inc the high court most stop because the original claim is on hold therefore any action following is also on hold.

 

LFB, unfortunately that is incorrect. An application to set aside does not prevent further enforcement action.

[High Court Enforcer]

Good thought PT particularly if you point out to them that they will end up paying the HCEO fees if they dont call them off (this might not be the case but worth telling them tis anyway)

Onlyme

 

The claimant will be liable for the HCEO fees if they call them off like this, however many HCEO's will not bill the claimants in circumstances like this.

[tippytiptoe]

Hi Thank you all for your help and support - it means a lot when I don't feel so damn isolated. I've got a date for a hearing for a set aside and a stay of execution and the order that the judge made was to abridge one pending the other. I'm not sure what it all means but the judge obviously thought that this would stop any enforcement action which it didn't. I'm not in touch with the so-called creditor although I did mail them asking them for a copy of the signed delivery docket and they emailed that to me today with a note that it has been forwarded to the court. Which court, I don't know but as they're the ones that instigated this I'm leaving it up to the court to deal with it. Someone I've never heard of - not surprisingly given it's the wrong address - signed the docket. I'll keep you all posted but hearing is days away and any advice as to what sort of evidence I need would be welcome. I didn't think I would have to produce anything but then I didn't think this could happen either so I'm being proactive now.

Bye the way - Merry Christmas to you all!

[lets fight bailiffs]

LFB, unfortunately that is incorrect. An application to set aside does not prevent further enforcement action.

 

 

No but once a case has been set aside then all action must stop.

 

LFB

[High Court Enforcer]

No but once a case has been set aside then all action must stop.LFB

 

Correct.

 

At this time most HCEO's would look to the claimant for the fees incurred.

[ploddertom]

I'll keep you all posted but hearing is days away and any advice as to what sort of evidence I need would be welcome. I didn't think I would have to produce anything but then I didn't think this could happen either so I'm being proactive now.

Bye the way - Merry Christmas to you all!

 

There is nothing wrong with anything you have said here, just put it all together in chronological order. I belive you should also send a copy to the Court and to the Creditor. The Judge usually gets to see the file a few days beforehand and it helps if he knows what is being asked. Your day in Court will be a very informal affair, yourself, Creditor and Judge sat round a table asking lots of questions. You are not obliged to know the law and yes you are treated with respect. Dress sensibly and be very courteous.

 

PT

[tippytiptoe]

OK Everyone. I got a stay of execution of high court writ AND a Set Aside of the Judgement against me today. Judge didn't even ask to see any papers and seemed to have papers from the other side in front of him. The other side didn't even bother to turn up. Strange thing was that costs were reserved and another hearing was to be scheduled. I haven't got a clue what any of that means? Can anyone advise? Also, there was nothing informal about the meeting. It was a mini court room with microphones on the lesser mortals bench and everything! Still, I've got what I wanted and now I'm looking for a lawyer who will take delight in going for the jugular. As far as I'm concerned, this

claimant has abused the legal system to extract money they're not entitled to. I said all along they would never go in the front door because they don't have a leg to stand on. They proved that today by not showing up. Even the Judge remarked that they hadn't bothered to show up. Something you may find interesting is that the Judge said as he had now made the orders I requested, the sheriff's officers now had NO AUTHORITY to act on.

Edited December 29, 2009 by tippytiptoe
definition of set aside

[hedgehopper592]

Congratulations and well done a good start going in to 2010

[wonkeydonkey]

....and Sherforce can't say they didn't know about set aside as they will have read your post by now..... wd tippy

[tippytiptoe]

Thank you all. WD your mailbox is full. I tried to PM you but you've exceeded your limit!

It is a good start to 2010. I've no doubt Sherforce will have read I have a Judgement Set Aside and a Stay of Execution. I got legality. Now I want justice.

[ploddertom]

OK Everyone. I got a stay of execution of high court writ AND a Set Aside of the Judgement against me today. Judge didn't even ask to see any papers and seemed to have papers from the other side in front of him. The other side didn't even bother to turn up. Strange thing was that costs were reserved and another hearing was to be scheduled. I haven't got a clue what any of that means? Can anyone advise? Also, there was nothing informal about the meeting. It was a mini court room with microphones on the lesser mortals bench and everything! Still, I've got what I wanted and now I'm looking for a lawyer who will take delight in going for the jugular. As far as I'm concerned, this

claimant has abused the legal system to extract money they're not entitled to. I said all along they would never go in the front door because they don't have a leg to stand on. They proved that today by not showing up. Even the Judge remarked that they hadn't bothered to show up. Something you may find interesting is that the Judge said as he had now made the orders I requested, the sheriff's officers now had NO AUTHORITY to act on.

 

Good news - Round 1 to you.

 

Until such time as you receive the paperwork I would email Sherforce to inform them of what has happened today - tell them which Court if they don't believe you. Upon receipt of your Orders I would copy and forward them without delay to Sherforce. Sherforce may well try to enforce still as they do not physically have the paperwork advising them otherwise but believe they would be very stupid to try without checking with the Court first.

 

As your Claimant couldn't be bothered to turn up today you may have a chance now to have this action Struck Out but that will depend on what Order the judge makes. It may be he is scheduling another hearing to find out how the order for the goods was made.

 

As for a Solicitor depends on which region you live in but one who has a good background in Commercial work. Can be a pinstickers guide but ask a few questions before you decide.

 

PT

[wonkeydonkey]

Mail box empty now