Unproven debt & High Court Enforcer Visit HELP!!

[ybandas]

Hi,

 

I'll try and keep a long story short. A high court enforcement officer from The Sheriff's Office paid us a visit threatening to take our possessions unless we pay just over £3000 (Writ of Execution). A CCJ was apparently taken out against my partner in 2009 by our ex landlord (even though to the best of our knowledge we don't owe him anything). We've tried to contact our ex landlord [EDIT] but no answer. Firstly we live above a pub where we work so none of the possessions belong to us which my landlord made clear to the bailiff.

 

Secondly, we were never made aware of the CCJ until now - this was partly due because we've moved a lot in the space of 3 years until finally finding some stability. Unfortunately we don't want to pay for something we don't owe but we also don't want this hanging over our heads. We don't have the money to cough up either - we're both working part-time being unable to find full time work.

 

Anyone have any advise on what to do? Would be very grateful.

 

Yas

Edited December 7, 2012 by ims21

[ims21]

Thread moved to Bailiff forum.

 

The guys will be happy to help as soon as they are available.

[ybandas]

Thank you

[ploddertom]

Hi,

 

I'll try and keep a long story short. A high court enforcement officer from The Sheriff's Office paid us a visit threatening to take our possessions unless we pay just over £3000 (Writ of Execution). A CCJ was apparently taken out against my partner in 2009 by our ex landlord (even though to the best of our knowledge we don't owe him anything). We've tried to contact our ex landlord [EDIT] but no answer. Firstly we live above a pub where we work so none of the possessions belong to us which my landlord made clear to the bailiff.

 

Secondly, we were never made aware of the CCJ until now - this was partly due because we've moved a lot in the space of 3 years until finally finding some stability. Unfortunately we don't want to pay for something we don't owe but we also don't want this hanging over our heads. We don't have the money to cough up either - we're both working part-time being unable to find full time work.

 

Anyone have any advise on what to do? Would be very grateful.

 

Yas

 

Is this a Pubco debt?

 

The HCEO is carrying out the instructions of the Claimant so apart from his fees can do nothing about the situation you find yourselves in. There is a way of dealing with this but until you know more about the CCJ it is difficult to know what to advise.

 

Do you now know what the original Particulars of Claim are? If not you will need to contact the Court where the CCJ was granted and ask for the paperwork that was initially sent. Only after you have seen this can you decide on which course of action to take so until more is known I don't think it worth speculating on different scenarios.

[TB Law]

From what you have said in your thread hitherto you can make an application to the court for a stay of execution and that will stop the enforcement until you can investigate how the CCJ came about and what service address the creditor and the court used.

You say there are no goods and live above a pub which means there are no assets to seize and HCEO will be unable execute the writ. It will be nulla bona.

There is a court fee to apply for a stay of execution but you might only be staying the execution of a writ that in any event, cannot be executed.

[ploddertom]

From what you have said in your thread hitherto you can make an application to the court for a stay of execution and that will stop the enforcement until you can investigate how the CCJ came about and what service address the creditor and the court used.

You say there are no goods and live above a pub which means there are no assets to seize and HCEO will be unable execute the writ. It will be nulla bona.

There is a court fee to apply for a stay of execution but you might only be staying the execution of a writ that in any event, cannot be executed.

 

A Stay may indeed be relevant but we need to establish on what grounds it needs to be applied for.

[TB Law]

we were never made aware of the CCJ until now - this was partly due because we've moved a lot in the space of 3 years

Enough grounds there.

[ploddertom]

[/size][/font]

Enough grounds there.

 

Enough possibly for a Set Aside but not for a Stay.

[wonkeydonkey]

PT is correct................until you have details of the ccj you would only be speculating on what the correct way forward would be..... stay of execution would only be of any use to you if you were also taking steps to set aside the judgment on the grounds you were not aware of the initial action and therefore have been unable to defend the claim. OR you admit the claim and are also applying for a variation order to the repayments,you cannot simply apply for a stay of execution without adequate grounds........

 

Application to set aside would need to be supported with evidence you were not aware of the claim due to having moved around over the last 3yrs, however even then you have to look at the situation carefully, set aside would remove the immediate threat of enforcement but it does not remove the claimant pressing ahead with the claim, which is yet another reason you need the particulars of claim to the ccj.

 

WD