second bite at the cherry

[IamALLthatIam]

HI there,

 

I was wondering if someone could clarify something for me as i have been searching on the web and have found nothing relevant as yet, if i do find te information i am looking for i will post it up here.

 

i have an issue with High Court Enforcement Ltd who entered my shop claiming to have a warrant of execution to collect on a debt. This a debt that has supposedly gone to court and jugement was made against us despite us never receiving any paperwork notifying us of legal action.

 

we told the bailliffs that we did not know anything about the hearing and has received no paprwork whatsoever , this was the first we had heard about it, we were told that was irrelevant as the paperwork has been sent first class and was deemed received regardless of whether it was delivered or dumped in the local woods by the posty.

 

the bailliffs proceeded to levy on all the goods and equipment in the shop regardless of being on hire purchase or not, we told then it was an illegal global levy and that it was on the tools of our trade to which they have claimed that tills and shop equipment cannot be regrded as tools of the trade as they can be operated by a third party and are therefore not personal.

 

we sent notices to the baillifs stating the above and that we were not actually the defendants on the warrant anyway, nor was our premises as named on the warrant ( it has the old owners shop name ) furthermore we noticed them that all chattels and possessions on the premises were privately owned.

 

the bailliffs agreed to suspend the warrant for two weeks so that the matter could be sorted out with the supplier, and as a gesture of good will we paid the small amount that was outstanding - ( last paperbill , before we took over) seemed alot less grief and we wanted to get the matter sorted ASAP

 

The supplier has received the payment and has accepted the payment , we have eletronic proof of delivery and recorded royal mail barcode etc but upon receiving payment the supplier has instructed the bailliffs to lift the suspension and enforce the warrant.

 

we have been give 5 days to pay again or arrange an installment plan or the bailliffs have advised that they will be breaking in whether we are there or not on order to size the levied goods - at no point have we signed a walking possesion order - i wrote refused for cause - invalid levy across the orignal form they left and sent it back to then - and they will do this regardless of the fact that there will be a minor on teh premises ( my daughter)

 

with additional fees this has now escalated to well over £1000 and i know there is not enough in the shop to cover the debt if it goes to auction - thats is the take all the shelving as well - its a tiny village sweet shop

 

if what they seize is not enough to cover the debt can they come back again to try and seize goods in payment of the balance , or is one seizure all they get. What they happened to any remaining debt?

 

we cannot be there when they intend to break in my 17 year old will be as we will be in court attending a bankruptcy hearing.

 

situation seems to be we lose everything if we stay and lose everything if we go - can't win

 

the bailliffs have said if we have a problem we can phone the police when they get here, which we dont want to do as we know the local village police that will turn up. In a previous encounter with bailliffs they stated they were there to assist the bailliffs which we know is untrue they would only be there to prevent a breach of the peace, we made a formal complaint then about the actions of the police and the case was refused and returned by the IPCC

[ploddertom]

HI there,

 

I was wondering if someone could clarify something for me as i have been searching on the web and have found nothing relevant as yet, if i do find te information i am looking for i will post it up here.

 

i have an issue with High Court Enforcement Ltd who entered my shop claiming to have a warrant of execution to collect on a debt. This a debt that has supposedly gone to court and jugement was made against us despite us never receiving any paperwork notifying us of legal action.

 

Could you explain what type of debt this was for and for how much? If you have never received any notification about Court proceedings you can apply for Set Aside - cost £75 Form N244 from HMCS website.

 

we told the bailliffs that we did not know anything about the hearing and has received no paprwork whatsoever , this was the first we had heard about it, we were told that was irrelevant as the paperwork has been sent first class and was deemed received regardless of whether it was delivered or dumped in the local woods by the posty.

 

Unfortunately whether you received it or not has nothing to do with the HCEO, he is there to act on Writ on behalf of the High Court.

 

the bailliffs proceeded to levy on all the goods and equipment in the shop regardless of being on hire purchase or not, we told then it was an illegal global levy and that it was on the tools of our trade to which they have claimed that tills and shop equipment cannot be regrded as tools of the trade as they can be operated by a third party and are therefore not personal.

 

They are allowed to do this unfortunately, it is up to you to provide proof of 3rd Party ownership. This needs to be done ASAP. Anything they accept will be removed from their levy.

 

we sent notices to the baillifs stating the above and that we were not actually the defendants on the warrant anyway, nor was our premises as named on the warrant ( it has the old owners shop name )

 

They can rely on the basis of probabilities that they have the correct address.

 

furthermore we noticed them that all chattels and possessions on the premises were privately owned.

 

Sorry don't quite understand this comment.

 

the bailliffs agreed to suspend the warrant for two weeks so that the matter could be sorted out with the supplier, and as a gesture of good will we paid the small amount that was outstanding - ( last paperbill , before we took over) seemed alot less grief and we wanted to get the matter sorted ASAP

 

How & who exactly did you pay? To have got to this stage debt has to be approx £600+

 

The supplier has received the payment and has accepted the payment , we have eletronic proof of delivery and recorded royal mail barcode etc but upon receiving payment the supplier has instructed the bailliffs to lift the suspension and enforce the warrant.

 

I assume now you sent payment direct to the Claimant, they will have directed it to the HCEO and they will be looking for their fees.

 

we have been give 5 days to pay again or arrange an installment plan or the bailliffs have advised that they will be breaking in whether we are there or not on order to size the levied goods - at no point have we signed a walking possesion order - i wrote refused for cause - invalid levy across the orignal form they left and sent it back to then - and they will do this regardless of the fact that there will be a minor on teh premises ( my daughter)

 

Doesn't really matter whether you sign or not.

 

with additional fees this has now escalated to well over £1000 and i know there is not enough in the shop to cover the debt if it goes to auction - thats is the take all the shelving as well - its a tiny village sweet shop

 

if what they seize is not enough to cover the debt can they come back again to try and seize goods in payment of the balance , or is one seizure all they get.

 

Yes

 

What they happened to any remaining debt?

 

Still has to be paid

 

we cannot be there when they intend to break in my 17 year old will be as we will be in court attending a bankruptcy hearing.

 

You don't know exactly when they will return. They should let you know when they come but they can just turn up and unfortunately if the door is locked they are allowed to enter by force. If your daughter is on the premises it may pay to ask her to cooperate.

 

situation seems to be we lose everything if we stay and lose everything if we go - can't win

 

the bailliffs have said if we have a problem we can phone the police when they get here, which we dont want to do as we know the local village police that will turn up. In a previous encounter with bailliffs they stated they were there to assist the bailliffs which we know is untrue they would only be there to prevent a breach of the peace, we made a formal complaint then about the actions of the police and the case was refused and returned by the IPCC

 

I appreciate what I have said above does not make things any better or is of much help however you must do the following this weekend and if possible hand the appropriate documents in personally.

 

As mentioned above because you did not get the original docs from the Court you were not given the opportunity to mount a defence/counterclaim/payment plan, subsequently you have been found "guilty" and Judgment by Default has been made against you. Therefore you are allowed to apply to the Court where the CCJ was issued to Set Aside the CCJ, this then gives you the another chance to defend the Claim. To do this go to HMCS website for Form N244 - you can fill this in online and print it out or just print a blank and fill it in manually - read the next part before you finish.

 

The most important matter to address is the HCEO - High Court matters take precedence over County Court. On the same Form N244 you also need to apply for a Stay of Execution pending your Set Aside claim. This will halt any further action or charges by the HCEO until your Set Aside is heard. If you win Set Aside then all associated HCEO actions and fees have to stopped/refunded. Please note and I cannot stress this strongly enough a claim for Set Aside on its own will not stop any HCEO action you MUST apply for the Stay.

 

If applicable you can get any fee remission by filling out Form EX160 also on the HMCS website.

 

I would strongly suggest that if you decide to take this course of action that you hand in personally the forms at the Court and ask if they can give you a date then and there. On returning home immediately inform the HCEO of what is happening - until they receive any paperwork they may still decide to go ahead with further enforcement - if this does happen ring the Court and explain what is happening.

 

In the meantime is it possible you can scan whatever documents you have and post them on here - removing personal bits - the chances are you can argue some of the charges applied.

 

Sorry for the long post and hope you have paracetamol handy.

 

PT

[ploddertom]

I also noted the bit about BR hearing - not sure but if it goes ahead you may just be able to add this to it in which case all said before don't really matter.

 

PT

[ploddertom]

Have read some of your previous threads and there is a chance you may be able to reclaim some of the past Bailiffs fees, but sort this one out first.

 

PT