High Court Enforcement Officer Advice Please

[FreeBee]

Hi All! ok, some advice needed please.

 

Just had another letter though my door 'by hand' this morning from a sherforce body. it had no money amount on it but last time they were chasing over 16k from a 10k ccj.

 

Now, this sounds a lot because it is a hell of a lot of money. but it isnt money I have borrowed and spent, it is for an alleged water leak from the property I manage to next doors hotel. I have had no receipts to make insurance claim and no visits from the hotel owner. just a court order which they gained 'behind my back' so as I could not defend.

 

I have tried setting aside the order but the judge was very unpleasant to deal with and everything i seem to do needs more things to undo (certainly with the courts!)

 

OK, first things first please. What can and will these sherforce people do?? ( I already had a notice of seisure from them 21 july )

Thanks, Nik

[Serendip46]

If you dont have the money there is little sherforce can do.

 

The case will go back to the creditor, and they will select alternative enforcement measures, most likely a charging order on your property.

 

Your post is not clear whether the debt is genuine, a water leak? If the water account is not yours then you dont have a liability for it. If you the case went to judgement and you were not informed of the hearing beforehand then you dont have a liability. A court has to be sure the defendant receives a notice of trial before judgement can be entered, but you cannot defend on those grounds if the an application for an interim charging order is made (an order made without telling you beforehand).

 

If you own a property, speak to a property conveyancer about having a TR1 (or TP1 as the case may be) ID1 and AP1 filed at HM Land Registry on your property, that will scupper an interim charging order if one is attempted.

[ploddertom]

Hi All! ok, some advice needed please.

 

Just had another letter though my door 'by hand' this morning from a sherforce body. it had no money amount on it but last time they were chasing over 16k from a 10k ccj.

 

Now, this sounds a lot because it is a hell of a lot of money. but it isnt money I have borrowed and spent, it is for an alleged water leak from the property I manage to next doors hotel.

 

Surely you must have noticed the work going on - did you ever ask what they were doing and who had given them permission to do it?

 

I have had no receipts to make insurance claim and no visits from the hotel owner. just a court order which they gained 'behind my back' so as I could not defend.

 

I gather you were adjudged "guilty" by Judgment by Default?

 

I have tried setting aside the order but the judge was very unpleasant to deal with and everything i seem to do needs more things to undo (certainly with the courts!)

 

Could you explain this a bit further, what did your application to the Court say?

 

OK, first things first please. What can and will these sherforce people do?? ( I already had a notice of seisure from them 21 july )

 

What have they seized?

 

Thanks, Nik

 

PT

[impecunious]

Hi All! ok, some advice needed please.

 

Just had another letter though my door 'by hand' this morning from a sherforce body. it had no money amount on it but last time they were chasing over 16k from a 10k ccj.

 

Now, this sounds a lot because it is a hell of a lot of money. but it isnt money I have borrowed and spent, it is for an alleged water leak from the property I manage to next doors hotel. I have had no receipts to make insurance claim and no visits from the hotel owner. just a court order which they gained 'behind my back' so as I could not defend.

 

I have tried setting aside the order but the judge was very unpleasant to deal with and everything i seem to do needs more things to undo (certainly with the courts!)

 

OK, first things first please. What can and will these sherforce people do?? ( I already had a notice of seisure from them 21 july )

Thanks, Nik

 

 

My experience last year mirrors your predicament in many ways. I ended up with a CCJ (by default) and was uable to set-aside despite all of the solicitor/court papers being sent to a former address. My CCJ was for nearly £30,000 and came completely out the blue - a spurious personal injury claim.

 

After the quantum hearing was heard to decide the amount of damages/legal costs to be awarded, I endured a 3 hour interrogation (hearing to obtain information. I was able to prove that my basic priority outgoings exceeded my incomings. I offered to repay the CCJ at £1/month. Although I was told that this was "totally unacceptable", I am still paying this amount quarterly after 12 months without any enforcement taking place.

 

Moral of this story is: it's relatively easy to get a judgment (especially by default) but enforcing payment when the judgment debtor is unable to pay is far from easy.

 

Your CCJ has obviously been upgraded to a Writ of Fi-Fa and HCEOs instructed to enforce payment. As with ordinary bailiffs, they have no right of entry to your property. As long as you continue to prevent them from entering your property, hide your car and lock away any possessions that are outside your property (bearing in mind that I believe that they can force entry to a detached gararge/workshop etc), they will eventually get fed up and return the account to the judgment claimant - Nullo Bono. They will charge the claimant £60 for this. Just read up and be aware. HCEO's usually have more incentive to collect than ordinary bailiffs but if they can't gain access or levy, etc. they are pretty powerless. Their charges are horrendous - so whatever you do, DON'T let them in - don't give them any opportunity to fleece you.

 

I've just noticed that they have already levied -- what was it on?

 

The claiman't next step might be to obtain an order to obtain information, or they could hit you with a third party order - so ensure that your bank account balance remains low. (I don't believe they can garnish a joint acount.) They might even consider an attachment to earnings or a charging order.

 

Be prepared for a long seige!!!

 

There's probably lots more you can do, but one step at a time.

 

We're here to support you.

 

Kind regards

 

 

 

Impecunious!

Edited August 18, 2010 by impecunious
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[FreeBee]

Hi Serendip,

 

Thanks for your reply!

 

the trickle of water in 2004 to next doors basement was brought to my attention by the tenant there and during that summer I had various pipes tested and fiddled with in my house while liasing with tenant but we were never sure where the underground leak came from (my place was fine as I had no basement). it was trickling on and off in their bathroom for a couple of months. then I heard no more and assumed it was sorted as I received no official letters or visits from the owner.

 

2007 I receive a copy of court judgement for claimant (in default) at my home (different address) from solicitors that had tried to contact me at the student house without success in 2006. I manage the student house and didnt live there but the water bills were in my name.

 

letters to these solicitors went back and forth for the next 1.5 yrs, with me stating 'unfair, wont pay' and they saying 'we want the money'.

 

Using N42 to set judgement aside in 2009 (a friend advised me to do this) I stated I was not aware of the hearing so could not defend myself and that I believed I was not at fault and not liable for the money owed.

 

This application was dismissed and appeal refused for reasons of delay and no particulars of defense given. I tried to appeal but got nowhere.

 

A High court enforcement bailiff appeared october 2008 (HCE logo) then no more til sherforce of late.

 

I started a claim on my previous house insurance between these bailiffs visits.

AAhhhhh, so much stressfull paperwork, why did the owner not just see me over that original summer and say he wanted to claim on my insurance!?!?!?

 

Sorry for all this blurb.......

[FreeBee]

Hi Ploddertom,

Thanks for your reply! They would have only replaced a couple of some tiling at most, so no, I did not know or notice what work they had done.

 

Sherforce have seized nothing but keep threatening to do so. I have given up talking to them and ignore all their calls now (I rang the first letter back on my mobile!) as they dont care what I have to say and only want the money.

 

Cheers!!

[Serendip46]

There is good news and there is bad news.

 

Good news is there little sherforce can do if you dont have the money. The solicitor has probably already done trace action and assessed the debtor to see if you can pay.

 

The bad news is, the water account is in your name, you agreed to take responsibility for the it and you are liable for the water pipe that carries water from the meter installed under the street to the property, even it if crosses someones property to reach yours. This has never been the case until the Water Industry Act passed responsilility for water pipes away from the water company to the bill payer.

 

If yuo did not agree to taking the water account in your name then ask fro a signed water supply agreement, if none then you can disregard the liability on both counts, a) no contract and b) no notice of issue sent to the defendant before commencment of proceedings.

[ploddertom]

Have you had an opportunity to check that the Writ of Fi Fa is actually "current", the Writ only lasts for a year but can be renewed - I assume it has been but it may be worth checking.

 

With the length of time this has been going on I would be asking why they haven't returned it to the Creditor as they are obviously not getting anywhere trying to enforce things.

 

If you have no cash or goods worth seizing you can still apply for a Stay of Execution on Form N244. This would stop Sherforce in their tracks. You could then apply for a redeterrmination of how much to pay by using Form N245 and offer a nominal sum per month. If you can't afford the Court fees then fill in Form EX160 for Fee Remission.

 

PT

[FreeBee]

Thanks for supporting words Impecunious!

 

Your situation sounds a nightmare too but a great result if it stays that way although unfair that you were put in that situation to start with. One thing I have learnt is that the law really is not fair though.

 

the TV is the only thing worth having really but still not worth the effort collecting. I just hope my housemates do not let anyone in by accident.

 

They havent actually levied on anything in particular as have not been inside but just state they have control of the goods. ?

 

Serendip, I have disregarded my liability on many different reasonings but no-one cares as long as they have the courts permission...... and the courts dont want to know either...

 

Thanks PT for the court forms to use, I may try these.

 

UPDATE.. Yesterday I sent a letter expressing my outrage to the hotel chain claimants on sherforces letters. I said I would have to go to press, whom i work for as I know not what else to do.

The Finance director called back this morning, obviously a bit worried, saying they new nothing as bought the chain 2 years ago. It is still their name as claimant tho so he is on the case and may offer some hope!!

[FreeBee]

oh and what is the 'Writ of Fi Fa please' ?

[impecunious]

If I'm right -- when you fail to satisfy a CCJ, the claimant can transfer up from County Court to High Court and apply for a Writ of Fi-Fa if amount of CCJ is over x amount (£600???) and then HCEOs can be instructed to enforce payment.

 

I'm sure there's a more official explanation

 

Impecunious!

[ploddertom]

oh and what is the 'Writ of Fi Fa please' ?

 

Best view it as the High Court variant of a CCJ.

 

PT

[ploddertom]

the TV is the only thing worth having really but still not worth the effort collecting. I just hope my housemates do not let anyone in by accident.

 

Best make sure they are all aware, even though the only goods that can be seized are yours I can nearly guarantee they would seize all goods then make others prove they own the goods. Make sure they don't gain entry.

 

They havent actually levied on anything in particular as have not been inside but just state they have control of the goods. ?

 

It also says the moon is made of cheese, unless and until they can actually seize some goods the only thing they are in control of at present is fresh air.

 

UPDATE.. Yesterday I sent a letter expressing my outrage to the hotel chain claimants on sherforces letters. I said I would have to go to press, whom i work for as I know not what else to do.

The Finance director called back this morning, obviously a bit worried, saying they new nothing as bought the chain 2 years ago. It is still their name as claimant tho so he is on the case and may offer some hope!!

 

Use all the means at your disposal, the Claimant can stop this.

 

 

PT