Illegal eviction

[Daria Ziolek]

I suspect that I have been illegaly evicted by my Estate Agent, who let two strangers into my house while I was away. Men claimed to be HCEO and gave me Writ of Possession and Control. But after a week of research I am almost sure that document was manufactured.

 

Can anyone tell me what should be included on the legal Combined Writ of P. And Control (which seals,any signatures?) from HC QUEEN'S BENCH DIVISION

 

I would be thankful for any help

Edited May 10, 2016 by honeybee13
Paras.

[BazzaS]

I suspect that I have been illegaly evicted by my Estate Agent, who let two strangers into my house while I was away. Men claimed to be HCEO and gave me Writ of Possession and Control. But after a week of research I am almost sure that document was manufactured.

 

Can anyone tell me what should be included on the legal Combined Writ of P. And Control (which seals,any signatures?) from HC QUEEN'S BENCH DIVISION

 

I would be thankful for any help

 

The High Court will be able to confirm if it issued the writ.

 

If it did issue it, you'd have to show the writ you were given a copy of had been falsified, and it would be daft to do that if there was a legitimate writ.

If it didn't issue it, they could advise on if the court would want the details or if it should be reported to the police.

 

You've not said it was in a District Registry, so unless it was, try the Enquiries number for the main RCJ building : 020 7947 6000

Quote the case number from the writ.

 

Had there been ongoing eviction proceedings? (For a residential eviction there would have been a possession order from a County Court for it to have been 'transferred up' to the High Court, allowing for a visit (with no new prior notice) from an HCEO).

[Daria Ziolek]

I did not receive any Possession Order from CC. Writ has got only Queen's Bench Action Depart. Seal-seems to be fake. There are grammar mistakes: Queens Bench Division instead "Queen's Bench Division", Right Hon -should be Rt. Hon.,old form and much more. Instead of -so called- 'authorised EO' a woman - Claire Louise Sandbrook (who is not a HCEO), came two men who refused to tell their names

[Bailiff Advice]

The best person to answer your query would be a poster with the user name HCEO. He provides expert advise on the forum on this and other subjects. I have sent him a message.

[BazzaS]

I did not receive any Possession Order from CC. Writ has got only Queen's Bench Action Depart. Seal-seems to be fake. There are grammar mistakes: Queens Bench Division instead "Queen's Bench Division", Right Hon -should be Rt. Hon.,old form and much more. Instead of -so called- 'authorised EO' a woman - Claire Louise Sandbrook (who is not a HCEO), came two men who refused to tell their names

 

Is it supposed to be a copy of the actual writ? Or a notice the writ has been issued??

 

With the seal on it it should be a copy of the writ : so, does it have a case / claim number??.

 

"I did not receive any Possession Order from CC." : had you had ANY notice of CC possession hearing?

Had you received a S21 or other notice that the LL was seeking to end the tenancy?

Giving only part of the story risks poor advice being offered.

 

Reading back : "I suspect that I have been illegaly evicted by my Estate Agent" : do you mean "letting agent"??

[HCEOs]

OK, firstly you need to establish which company evicted you as Claire Sandbrook offers the use of her HCEO authority to several different UK businesses at present. She now lives in the USA.

 

The writ of possession itself will not usually detail the company she has given it to to enforce. However, the paperwork you have is likely a copy and will not be the original.

 

Once you have established which company has evicted you, you can then contact them and ask for a copy of the original writ to ensure it was lawfully obtained. There has been a change in legal process recently and writs of possession must now be obtained using a form PF92 or PF88 and not the previous method which used form N293A. You should ask the company for a copy of the forms used to corroborate this.

 

You should have also been aware of proceedings issued against you and it is a requirement that all parties subject to the possession are notified in advance (usually 7 days). And further to this you should have received a Notice of Enforcement for the monetary aspect of the judgment. It doesn't sound right if nothing was received.

 

It would make sense to get some proper legal advice here as it is a complicated area of law which has been further complicated recently regarding the way in which High Court Enforcement Officers evict tenants. Most lawyers will usually give you a free consultation.

[Daria Ziolek]

This document should be seen by professional HCEO. When I asked in HC about the Writ they wanted to know from which HC QBD IS THIS WRIT. ACTUALLY- I DON'T KNOW. UNKNOWN HC,UNKNOWN DISTRICT. And this should be on the writ. That's what I've been told yesterday.

[HCEOs]

You could send it to the HCEOA for verification if you are concerned it is fraudulent.

 

High Court Enforcement Officers Association

Drake House, Gadbrook Park

Northwich

Cheshire

England

CW9 7RA

E-mail: [email protected]

Telephone: 08448 244575

 

As I mentioned previously, it is very likely that you only have a copy of the writ of possession but this copy should detail where the original was sealed.

[Daria Ziolek]

Thank you very much

[HCEOs]

For a residential eviction there would have been a possession order from a County Court for it to have been 'transferred up' to the High Court, allowing for a visit (with no new prior notice) from an HCEO).

 

BazzaS, for info that is not correct anymore, notice must be given when the writ of possession is being applied for. This could be by the landlord or by the HCEO. Whilst this may not give the exact date of the eviction each party subject to it will be aware.

[Daria Ziolek]

What if I would go back,saying to letting agent that I want to get the rest of my furniture,clothes etc. And refuse to leave? If I didn't get PF92,then it was illegal and High Court did not agree to (even) enter the property. What do you think?

[Daria Ziolek]

I passed the 'case' to ,No win,no fee' solicitors but the fact is that I am homeless, staying in the hotel.

[HCEOs]

What if I would go back,saying to letting agent that I want to get the rest of my furniture,clothes etc. And refuse to leave? If I didn't get PF92,then it was illegal and High Court did not agree to (even) enter the property. What do you think?

 

That is not advisable and the chances are you will be accompanied by the enforcement agents anyway. You could also be arrested.

 

And consider that for them to evict you there must have been an order for possession. You were therefore required to leave the property by order of the court.

 

The first thing you need to do is establish whether the correct procedures have been followed, for the Section 21 Notice, through to the application for an order for possession, if the writ of possession was obtained lawfully and why you never had notice of all of this.

[Daria Ziolek]

Ok. I am still confirming informations. We will see what is going to happen.

[Bailiff Advice]

Daria,

 

Please do post back with any updates that you have.

[Daria Ziolek]

Of course, I will. This all case seems to be very weird.

[Daria Ziolek]

Can anyone confirm that CLAIRE LOUISE SANDBROOK IS an Enforcement Officer?? And I did not mean Claire Sandbrook.

[ploddertom]

Yes

[Daria Ziolek]

Can you tell me please where can I check this?

[Bailiff Advice]

Can anyone confirm that CLAIRE LOUISE SANDBROOK IS an Enforcement Officer?? And I did not mean Claire Sandbrook.

 

As Ploddertom has quite correctly stated, Claire Sandbrook is an authorised High Court Enforcement Agent. The official Directory is here:

 

http://www.hceoa.org.uk/members/authorised-members-directory.html

[wonkeydonkey]

Can you tell me please where can I check this?

 

Claire (Louise) Sandbrook HCEO ( former Director of Sherforce Ltd) rents herself out to(among others) dcbl aka Direct Collction Bailffs Ltd as HCEO. She now resides in the USA but remains an appointed HCEO here in the UK

 

http://www.dcbltd.com/about_us/

[Daria Ziolek]

I have got a riddle for you.

My Writ contains such a statement:

"THIS WRIT was issued by the Central Office of the High Court on 25/04/2016 on the application of The Sheriffs Lodgment Centre being a Division Sherwins Ltd of 1 Fetter Lane, London, EC4A 1BR Ref no SLC 266480 as agents for:"

 

Any sugestions? I can give you a tip if you like.

[AndyOrch]

Why not just scan the documents you have received and post them here (less any identifiable data) which would be far better that drip feeding sections of the Writ.

 

Andy

[Daria Ziolek]

Give me a sec.

[Daria Ziolek]

How shall I paste .jpg in post? Can't send URL 'cause Imageshack doesn't work