Sheriffs Office incorrect levy

[wonkeydonkey]

There is a little confusion here....the usual steps are... a county court ccj that the creditor has chosen to transfer up to the high court to obtain a writ of fifa for enforcement by HCEO's I could be wrong but I think this is the true scenario.... otherwise you would have been served papers to attend a hearing at the high Court and would have needed to plead your case if the debt was to be judged there and to be honest debts are rarely if ever heard before a High Court.

 

PT suggested you view your credit file...I agree with that for if any action has been taken to the debt it will automatically appear there showing the creditor and the amount owed.

[tooktoolong]

The case was heard in CC then appealed and made its way to HC they awarded costs here. Credit checks to be sorted tomorrow (done) then! If it is not here what then?

Edited August 1, 2013 by tooktoolong

[tooktoolong]

Update /

 

Bankruptcies and Insolvencies

 

You have no Bankruptcies or Insolvencies recorded on your report.

 

Judgments

 

You have no Judgments recorded on your report.

 

from noddle - credit rating 4/5

Edited August 1, 2013 by tooktoolong

[ploddertom]

The case was heard in CC then appealed and made its way to HC they awarded costs here. Credit checks to be sorted tomorrow (done) then! If it is not here what then?

 

I'll ask some of the others.

[tooktoolong]

I'll ask some of the others.

 

With thanks

[wonkeydonkey]

The case was heard in CC then appealed and made its way to HC they awarded costs here. Credit checks to be sorted tomorrow (done) then! If it is not here what then?

 

When you say appealed ..what aspect(s) of the claim against you do you mean...the amount owed? issues of service to the claim?.

Did you apply to set aside the claim on some technicality?

 

 

I am pretty well clued up on High Court matters and this has me stumped from the beginning, for to transfer up to a writ of fi'fa there has to be a judgment from a lower court/tribunal award...end of

[wonkeydonkey]

Just for the record ...a writ of fi'fa is only valid for twelve months, the creditor can however apply to renew it......cost of that is usually added to the debt..

 

Not knowing the reason the debt arose or who the creditor is, makes it difficult to offer advice. could this have risen its head due to the 6year time frame that can make certain debts statute barred???

[HCEOs]

Does anyone have other numbers for Croydon aside from the call centre in Manchester?

Tried to contact them yesterday as the local court refused to accept n245 n244 as it was not a cc matter, went around four different departments all wrong then ended up at the call centre who did check the claim numbers shown on the hceo paperwork but they said they were invalid case or claim numbers. Trying to contact the court to be sure.

 

It sounds like you've been ringing Andrew Wilson & Co who also call their Manchester office The Sheriffs Office.

[tomtubby]

Are Andrew Wilson part of the Sheriffs Office in Croydon ?

[ploddertom]

Are Andrew Wilson part of the Sheriffs Office in Croydon ?

 

Given their track record I doubt it.

[wonkeydonkey]

It sounds like you've been ringing Andrew Wilson & Co who also call their Manchester office The Sheriffs Office.

 

Now that would explain why things just don't add up with this post!!!

[brassnecked]

Now that would explain why things just don't add up with this post!!!

 

Certainly explains a lot, as the real Sheriffs Office would not be that bad.

[steampowered]

Have you tried calling the Queens' Bench division of the High Court? 020 7947 6010

[HCEOs]

Are Andrew Wilson part of the Sheriffs Office in Croydon ?

 

No Andrew Wilson & Co are s separate business altogether based in Manchester.

 

The Sheriffs Office in Croydon can be contacted on 0845 688 9750 or [email protected]

 

I would always recommend emailing an HCEO with any issues, that way you have a record of what you sent and when.

[tooktoolong]

Just for the record ...a writ of fi'fa is only valid for twelve months, the creditor can however apply to renew it......cost of that is usually added to the debt..

 

Not knowing the reason the debt arose (arose due to loss of case in a property dispute which was in CC then appealed by solicitor all the way to HC and then lost) or who the creditor is (creditor is debtors ex and was awarded costs), makes it difficult to offer advice. could this have risen its head due to the 6year time frame that can make certain debts statute barred???

 

The only documentation I believe the creditor has is the judges summing up as the creditor has a clear credit record without ccj's etc.

 

tooktoolong /notlongenough

Edited August 2, 2013 by tooktoolong

[tooktoolong]

Have you tried calling the Queens' Bench division of the High Court? 020 7947 6010

 

 

no could not find this one, tried the 0300 number and got nowhere. Thanks for this one, closed have to wait until Monday!

[tooktoolong]

scan of form 55 etc

[ploddertom]

Page 1 shows interest of over £5k being claimed. I believe this to be an abuse as Claimant has waited so long to enforce this. Does the original allow for interest to be charged & on what basis? If at all then only from the date the Writ was issued.

 

Page 2 shows this to have been sent from the County Court originally, just above it mentions a County Court Claim No - was there a number in there?

 

Page 3 shows the Enforcement Officer claiming a global levy. In my view he has not bothered his backside to try and do his work correctly and should be admonished for same.

[tooktoolong]

Page 1 shows interest of over £5k being claimed. I believe this to be an abuse as Claimant has waited so long to enforce this. Does the original allow for interest to be charged & on what basis? If at all then only from the date the Writ was issued. We are waiting to speak to the solicitor to clarify the date and the actual information.

 

Page 2 shows this to have been sent from the County Court originally, just above it mentions a County Court Claim No - was there a number in there?

Page two does have a CC number and also a HC claim number. We have spoken to a CC in person and they could not find that claim number. We also gave both numbers when we rang the HC they (a couple of different people) could not find either number. You replied in an earlier post that the ccj number not the writ number is needed. Where on the form (should) would this be? The only other number is the 'sheriff's' reference number.

 

Page 3 shows the Enforcement Officer claiming a global levy. In my view he has not bothered his backside to try and do his work correctly and should be admonished for same.

 

A global levy is this on everything? I presume so, we emailed them on the 30th (and got an automated reply) with a complaint about the trailer and all other goods and an offer of £10 a month was made. In hindsight and looking at it again that offer was a mistake.

We still have not been able to identify which court to send the n244 and n245.

 

tooktoolong /not long enough

[ploddertom]

It says in the Enforcement Officer's own hand on Page 3 "Plus all other goods required to satisfy Writ", this is nonsense.

 

N245 goes to Shrewsbury County Court - detail is on Page 2, as asked previously is there a number next to County Court Claim No?

 

N244 goes to the High Court or a County Court acting as a District Registry of the High Court.

[tooktoolong]

It says in the Enforcement Officer's own hand on Page 3 "Plus all other goods required to satisfy Writ", this is nonsense.

 

N245 goes to Shrewsbury County Court - detail is on Page 2, as asked previously is there a number next to County Court Claim No?

 

Yes, do you want it?

 

N244 goes to the High Court or a County Court acting as a District Registry of the High Court.

 

My local county court looked at the number and said it was not valid and would not take the form.

 

Thanks,

[ploddertom]

If it was sent by Certificate from Shrewsbury County Court then it is to them you must ask what number it was issued under.

[tooktoolong]

If it was sent by Certificate from Shrewsbury County Court then it is to them you must ask what number it was issued under.

 

Ask SO or the court?

[ploddertom]

Ask SO or the court?

 

The Court

 

Look very closely at the paperwork you scanned, in particular page 2. You have rightly obliterated personal info so can't see what it actually says but there is enough to see that it says sent from Shrewsbury Court on (date) and immediately above it says County Court Claim No - does this start with 07 or something else.

[tooktoolong]

The Court

 

Look very closely at the paperwork you scanned, in particular page 2. You have rightly obliterated personal info so can't see what it actually says but there is enough to see that it says sent from Shrewsbury Court on (date) and immediately above it says County Court Claim No - does this start with 07 or something else.

 

The High Court Claim number starts with 3

The [County Cour Claim number starts with 9

 

thanks again,