Writ of Execution The Sheriffs Office

[Sienna123]

Due to the fact that I heard nothing about a CCJ in 2009 I had hoped it had dropped off the radar whilst I got my life back on track after business failure/divorce etc.

 

Today I returned home to have a Writ from The Sheriffs Office (the name sounds hugely official doesnt it) in the sum of £3,240.89 My debt being originally £2,235.51 the balance being costs some massive.

 

The Bailiff PA (abbreviated) on behalf of PNW an appointed High Court Enforcement Officer (who is not on the Bailiff's register) nor is PA who served this Writ. I checked under The Sheriffs Office. What does this mean?

 

The official levied against my car, a friend's car, my dining table and 6 chairs which he could see through a window plus all other goods required to satisfy the writ (his words).

 

I think that the paperwork is incomplete. I had no notice of this writ being issued - not sure whether I should have or not.

 

When I phoned and asked the officer if The Sheriff's Office was a government department he said it as company. He said I should sign the Walking Possession Agreement and return it immediately.

 

In a nutshell - he wanted me to pay £1300 up front and then he would put a proposal to the creditor.

 

Please could you help me with your own experiences and advice?

 

I think I need to do a N244 to get a stay of execution but could anyone please give advice as to what else I need to do to support this?

 

Help

 

Jayne

Edited February 6, 2012 by Sienna123
too much information

[Sienna123]

I forgot to mention that I can put a proposal to the creditor in support of any application.

 

Apologies

 

Jayne

[brassnecked]

Hi welcome to CAG, it would be better to edit your post to remove names, and I'm sure someone will be along to help soon

[Sienna123]

Thank you - it did not occur to me I will do it now.

[ploddertom]

http://www.thesheriffsoffice.com/

 

Neither the named HCEO or his Enforcement Officer need to appear on the Bailiff Register as it is not a requirement. Having known about the Judgment means you may not apply for Set Aside. You could however apply for a Variation Order and also a Stay of Execution against the HCEO. Neither your Creditor nor the Enforcement Officer have to give you prior notice of what is happening.

 

The goods you say he levied against did he leave you the Notice of Seizure? If so did you sign it?

 

PT

[impecunious]

"The official levied against my car, a friend's car, my dining table and 6 chairs which he could see through a window plus all other goods required to satisfy the writ (his words)."

 

 

For starters, looks like an invalid levy anyway. He can't levy on goods in that way - he has to be able to physically touch them.

 

They always shoot themselves in the foot!

 

Good luck!

 

 

Impecunious!

[tomtubby]

Here on the forum it is not a good idea to give names of individual bailiffs etc. However, there is a list of High Court Enforcement Officers and the initials to which you refer (PNW) refer to the surname of Watts and I can assure you that he is indeed a registered HCEO. All writs to the Sheriff's Office will bear his name on them.

 

You say that a levy has been made on your car and a friends car. Your friend should send en email to the Sheriffs Office to advise them that the car is not yours. This is referred to as a Third Party Claim. The notification can take the form of a simple email. The HCEO should have "good reason to believe that the car is yours". He would argue that the car was parked on your driveway etc.

 

Is your car on finance etc?. If not, is it worth very much?

[brassnecked]

Would the levy fail as "global" with the annotation " and all other hoods to satisfy the debt"?

[tomtubby]

The precise wording on the Writ of Fi Fa says as follows:

 

YOU ARE NOW COMMANDED to seize in execution the goods, chattels and other property of the Defendant authorised by law and raise therefrom the sums detailed in the Schedule, together with fees and charges to which you are entitled and immediately after execution, to pay the Claimant the said sum and interest.....

 

By rights, they should have have said "authorised by law" as there are many items that are deemed as exempt. Whether this would make the writ unenforceable....not sure.

 

If the debtor does not have a car and refuses to allow peaceful entry, then I would certainly argue the matter of the wording but where a car has been levied, I would act with caution.

[Malookoo]

I have recently had dealings with the Sherriffs Office and managed to acheive a good outcome, the following might be a bit long winded but stick with it it saved me over £1000.00.

 

First email there office quoting your case number and ask for a breakdown of the fees they asking for,you will almost certainly receive an attachment which will have on it

 

Fees charged under the High Court Officers Regulations 2004,Schedule 3, Regulation 13 and in accordance with the Senior Courts Costs Office Guidance to Chargeable Hourly Fee Rates 2010 for the area listed as 'London 3'

 

There will then follow a list of fees with reference numbers at the side 1 Percentage Fee 6(2b) Inventory Fee and the goody 12 this refers to para 12 in Schedule 3, Regulation 13. it refers to Miscellaneous fees and reads ' For any matter not otherwise provided for,such sum as a Master,district judgeor costs judge may allow upon application

 

If this is what you receive email back immediately and ask for a copy of the apllication and a copy of the order that fees are based on, they will not have them as they never apply, also ask for a detailed break down of how these fees are made up. Finally if your creditor is a reputable company contact them direct,although they know the fees being asked for are very high they do not realise that a lot are very probably unlawful and they in effect are employing them thay are at the least condoning there conduct.

 

My creditor was very helpfull when this was pointed out to them and accepted payment direct to them