Notice of enforcement - Sheriffs office

[Flatcoats]

Rented a private property initially through a lettings agent

 

 

then they closed down

 

 

dealt direct with landlord for 2 yrs.

 

 

Made redundant and couldn't afford full rent

 

 

claimed housing benefit - there was a shortfall.

 

 

Landlord started proceedings to get me evicted

 

 

after 1st official solicitors letter I left the property on what I thought was good terms with landlord.

 

 

Stayed with friends for a while then unfortunately brother committed suicide and father seriously ill

moved back to town of birth over 100 miles away.

 

 

This was in May 2009.

 

 

Father passed away but still here renting privately again and managing just to keep my ahead above water.

 

 

Yesterday received a notice of enforcement from the sherrifs office giving me 7 days to respond to a debt of nearly 4k I owe this previous landlord.

 

 

I have not heard a thing since I handed his keys back,

obviously didn't give him a forwarding address as had no clue where I would be living

but been on the council tax register since 2009 so hardly hiding under the parapet.

 

 

I wouldn't even have a clue and never did where my ex landlord lives

so cannot contract him direct and very wary of dealing direct with sherrifs office.

 

 

Ironically the 7 days expires on the anniversary of my brothers death

really not looking forward to that day.

 

 

I am working now but only just earning over minimum wage, rent furnished and don't even own a car

so baffled as to how they think they can take goods worth 4k.

 

 

Wouldn't be such a shock if I was expecting this however never any indication ,

paperwork, nothing that landlord was chasing me for this debt.

 

 

What's my next step please any advise would be greatly appreciated.

[tomtubby]

Wonkey Donkey is the expert on such debts (High Court enforcement officers). She will be only shortly.

[Flatcoats]

Thank you.

[wonkeydonkey]

If you had no knowledge of the ccj (needed by claimant before a writ can be issued) there is a possibility you can make an application to set aside the Judgment.

 

I say 'possibility' because it isn't quite as straightforward as it looks, how much was the 'shortfall'? did you ever offer to make payment to this? to get the ball rolling can you remove all personal details from any paperwork that has been left for you by the HCEO and post it up on here, that will give us all an idea of where to go next.

[Flatcoats]

Thanks WD.

 

 

Not sure how much the shortfall was and

 

 

when I left I met with him and we never discussed repaying monies.

 

 

He even let me stay in the empty house for an extra night till some friends were back from holiday as everything had been put into storage.

 

 

I,m not even sure he had a signed tenancy agreement but suppose he must have if he has taken me to court.

 

 

It was a very stressful time with brothers depression etc.

 

 

will scan the notice in and post it.

 

 

I have received nothing but then as stated I couldn't tell him a new address and he never asked for one.

[Flatcoats]

Not sure is this has worked. put them as attachments?

[ploddertom]

You need to convert your images to PDF's, they are too small to read as jpg.

[ploddertom]

Have you checked your credit file to see when if a CCJ has been awarded against you?

[citizenB]

Can you please convert your images to pdf.. if you follow the instructions below you should be ok..

 

 

Dx100 – Instructions on uploading pdfs

Scan the required letters/agreements/sheets

as a picture file

remove all personal info including barcodes etc. using paint

but leave all figures and dates.

Go to one of the many free online pdf converter websites

convert the image to pdf format.

or if you have PDF as an installed printer drive use that

open a new message box here

hit go advanced below the message box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB: you can set where it goes in the post by hitting insert inline.

Then hit reply button

 

 

[Flatcoats]

Thanks will have a go. What address should I search for a Ccj as been here 5 years now so would it have been issued to his property I was renting even though I was no longer living there?

[Flatcoats]

trying again.

[wonkeydonkey]

You can search your credit file (I think Noddle is free) using of course your name, that should show when and where the ccj was listed.

[Flatcoats]

I can't access the noodle report as it won't recognise my card for some reason

which I find strange as been with the bank for years and card is fine normally.

 

 

Is it worth registering for the free trial with experian although everyone at work had a nightmare trying to get out of before they started charging.

 

 

I'd be more than happy to enter into a payment agreement but could seriously only afford £20 a month max

which I doubt very much they'd accept.

 

 

Hardly slept last night as 7 days notice to find 4k is scaring the hell out of me and dreading a knock on the door

 

 

current landlord is lovely but doubt he will be so understanding if they attempt to remove things from his house.

 

 

Thanks for the advise so far really really appreciate it.

[ploddertom]

Sounds like usual practise with Noddle & will be fine in 24 hours.

 

If you deny them access to your home & make sure there is nothing of value outside then there is little that can be done. A lot is going to depend on what you find about the CCJ as you may be able to challenge it.

[Flatcoats]

Thanks Ploddertom I certainly will not be letting anyone in and there is nothing of any value in here that I own.

 

 

The car I have access too (not owned by me) was bought for £500

 

 

even if they tried to take that it wouldn't cover it.

 

 

Crazy thing is I could have moved and reverted back to maiden name and as I was married abroad

it was never registered here so no way of proving Miss p ? Is now Mrs p ?

 

 

However I had nothing to hide hence on the electoral register etc.

 

 

Think it's harsh I get 7 days notice having received nothing but I suppose life never is.

 

 

Thanks a million though.

 

 

I don't normally answer the door anyway

 

 

just worried if I am confronted on the street etc.

 

 

will search the forum for advise if they do come knocking on the door.

[wonkeydonkey]

Please try not to worry...easier said than done I know, but we can help you. The Sheriffs Office are perhaps easier to deal with than most HCEO's but, until we find out where and when the ccj was granted it is difficult to get a bigger picture. If you use eg: experian, do the free trial, copy and save the page(s) and then cancel immediately.

 

The best option open to you is to file for a stay of exeution to the writ and also submit a variation order to payment. In plain English that means filling in N244/N245 forms from HMCT website (I expect if you are on low income it would also pay you to look at EX160 info to see if you qualify for fee remission) You will be asking the Court to hold enforcement as you are admitting the debt but need to make a repayment plan that fits your situation without causing hardship.

[HCEOs]

As wonkeydonkey said if you did not know about the judgment you may be able to get it set aside and a stay on enforcement.

 

One thing to consider is that if you do owe the money it will likely be reinstated.

 

The fee for setting aside /stay of execution is £155 (without fee remission) whereas the current enforcement fee is only £90. If you do owe the amount it may be prudent to make an arrangement at this stage that you can stick to, detailing your income and expenditure.

 

Whichever route you take it is important to keep the HCEO fully advised as once the 7 days are up they will send an Enforcement Agent to your home, possibly causing unnecessary distress.

[Flatcoats]

I know I must owe something but have no idea of the full amount as I was only short by approx 300 per month for 6/7 months.

 

 

I tried noodle again this morning but still couldn't,t get on and

 

 

have limited internet today so will register with experian tomorrow.

 

 

It was a poor time and I am managing all my other debts

 

 

have no credit cards etc

 

 

this amount will just push me over.

 

 

I,m going to look into an Iva and get this included

 

 

my only worry is I don't think my annual salary is high enough.

 

 

Thanks again guys appreciate all your advise.

[Flatcoats]

What frustrates me is I wasn't given anything from the landlord in terms of statement etc when I left

 

 

he could have put any figure down and

 

 

I've not had the chance to question any of it.

 

 

Like I said I didn't hide under the radar and

 

 

if they have my address for the sheriffs office why not any court papers?

 

 

I know the HCEO are only doing there job but 7 days, 7 weeks, 7 months

 

 

my possessions won't change so there is nothing to take unless they want my clothes.

[lookinforinfo]

Bailiffs don't know until they enter a property what there will be of value. Many people don't have much that would raise sufficient money at auction but others like a friend of mine

who is a millionaire but lives in a council flat has loads that could be auctioned for a good price.

[wonkeydonkey]

What frustrates me is I wasn't given anything from the landlord in terms of statement etc when I left so he could have put any figure down and I've not had the chance to question any of it. Like I said I didn't hide under the radar and if they have my address for the sheriffs office why not any court papers? I know the HCEO are only doing there job but 7 days, 7 weeks, 7 months my possessions won't change so there is nothing to take unless they want my clothes.

 

I am not sure if you have enough posts for me to send you a PM but I will give it a try...if it fails I will ask a member of the site team to put you in contact with me to see if we can move you forward. Keep an eye top right of screen under 'Notifications'

[wonkeydonkey]

Ok ..no joy with PM so I will go to plan B.

[wonkeydonkey]

Ok ..no joy with PM so I will go to plan B.

 

Message sent to site team

[BankFodder]

Message sent to site team

Done

[wonkeydonkey]

Done