Are my goods levied or not by HCEO

[rosy122]

I woke up to knocks at the door early in the morning. I opened the window and two men on my drive said they were court Sheriffs and that they had a high court writ. I have made an application to court to have the judgement set aside as i was not correctly served and have not been able to defend myself. I am waiting to hear back on that and also a stay of the writ.

Meanwhile i am expecting the bailiffs to return.

The bailiffs kept telling me that i had to let them in and if i did not the would call a locksmith, this is on their first visit. I spoke to them from a window and told them i would not be letting them in until i had got legal advice. They sat in their car for nearly 2 hours, saying it was going to cost me, until i managed to get through to a solicitor. Whilst on the phone to solicitor they handed me a pink sheet through the window. On there it says that the car on the drive, registered to me and all goods in the demise property.I did put them on notice that although the said car was registered to me it was part of my late mothers estate that i am administrator to and have sent them documents to prove this matter.

Now i would appreciate it if someone could explain is that pink sheet what you call a levy? Does the car have to remain on the drive although the estate solicitors have advised the bailiffs that it is Estate property. Also does that mean all goods in my house are levied although the bailiffs have not been in my house or know what i have her? I never signed anything, pink sheet was handed to me and bailiffs got in their car and left.

[unclebulgaria67]

The levy on items in the house would not be valid, as they would have had to gain access and list items. The levy on the car is debateable.

 

If you can legally use the car on the road, then yes I would say there is nothing to stop you using it and if it is property of an estate, the people responsible for the estate can take it somewhere for safe keeping.

 

What debt is this ?

[rosy122]

Its from an ex landlord claiming i owe him unpaid rent, which i absolutely do not. I moved out of the property April 2012 of which he was fully aware and i have now found out that he went to court without my knowledge in July 2012 and got a possession order and even went to lengths of getting bailiffs to remove me from a property i was not living in. Obviously court papers have gone to the old address and he has got a judgement against me and i have not been aware or been able to defend myself. Do i have to let the bailiffs in on their next visit?

[brassnecked]

Its from an ex landlord claiming i owe him unpaid rent, which i absolutely do not. I moved out of the property April 2012 of which he was fully aware and i have now found out that he went to court without my knowledge in July 2012 and got a possession order and even went to lengths of getting bailiffs to remove me from a property i was not living in. Obviously court papers have gone to the old address and he has got a judgement against me and i have not been aware or been able to defend myself. Do i have to let the bailiffs in on their next visit?

No you apply to the court for a setaside, and a stay, the stay is importasnt as it will stop the HCEO, wonkeydonkey, is the best one for this, will pm for you

[ploddertom]

Have you actually submitted your Set Aside application & also the one for the Stay? Which Court(s) have you submitted them to? Which Form(s) did you use?

 

Is it possible you can scan & post up the paperwork you have been left - best done as a PDF file but remove all personal info? As well as the pink sheet were you given a Form 55?

 

When visiting a residential property the Enforcement Officer can only enter the premises by peaceful means. They CANNOT use a locksmith or force entry. I assume the car belonged to your late mum and it is in your possession for safe keeping?

[HCEOs]

The HCEOs cannot force entry to a residential property but could force entry to an unattached garage or other building (barn etc). They should not be threatening to use a locksmith to a residential property.

 

To prevent further enforcement action, as stated above, you will need to apply for a stay of execution. If the car levied does not belong to you (the judgment debtor) then a third party claim should be sent to the HCEO in writing for completeness.

 

Unfortunately, these kind of cases are becoming all to prevalent where a landlord sues their ex-tenant for rent but uses an address they know they are not resident at, namely their own rental property. I know of one former enforcement officer (pretending to be a real 'Sheriff' - his words) that actively promoted this at various landlord networking meetings. There were few Youtube videos out there showing this.

 

It only makes our job harder and is often a waste of time, money and effort.

[tomtubby]

HCEO

 

Good advice......

[brassnecked]

HCEOs nicely put