Illegal eviction

[Bailiff Advice]

 

"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:"

 

For goodness sake !!

 

An application was made on 3rd May to have this company (Sherwins Ltd) struck off the register at Companies House as well.

[Daria Ziolek]

I'm still trying to add images in here. So you can see and share entire document. There's grammar mistake in "Lodgment" and SLC number should be 13- digit !!

Edited May 10, 2016 by Daria Ziolek

[Daria Ziolek]

Here we go!!

[Daria Ziolek]

https://beta.companieshouse.gov.uk/company/04539156/filing-history

 

And what do you think about this??

[ploddertom]

Your attachments are better made using PDF's. Having had a look at what you have put up all seems in order anyway. Your argument has to be with whoever took the initial action, the HCEO only carries out the wishes of the Claimant.

 

Now not being funny but were you up to date with any monies you owed for your lease? Even if just 1 day late can start this action. As others have said have you received any prior correspondence as usually the knock on the door from the HCEO comes way after all other documentation. Also I see the Writ is in 2 names - are you 100% sure the other party has not been hiding things from you - it happens a lot more than you think it does.

[Daria Ziolek]

Are you trying to tell me that following right procedures(what did not take place). gives anyone power to serve somebody fraudulent document in the end?? Within one hour I was left on the street. Homeless. No one was able to give me any advice.

Housing Department? CAB ? Do not make me laugh. These stories about 'duty of care'? ONE BIG JOKE. Answer was: Rightmove.

I can tell a lot what I have been through during 10 days and telling my son that we are on 'holidays'. Question is why? Why do people think that landlord is like God? When I asked for help, I have been nearly told: what do you expect? It is obvious that it is your fault! Why? I will not understand what is writtem because I am stupid foreigner?

Now I am just wondering,how many people, families were in the same situation.

But when I think too long, it scares me.

[ploddertom]

You still have not said why you think it is fraudulent? I have seen plenty of these over the years and as said see nothing wrong with it, you need to address who started this in the first place.

[Bailiff Advice]

 

Now I am just wondering,how many people, families were in the same situation. But when I think too long, it scares me.

 

Daria,

 

I feel dreadfully story for you and your son and the position that you are now facing and I am sure others posters on here feel the same.

 

Can I just make a suggestion. Ploddertom and HCEO are experts in the field of High Court Enforcement. If there is something wrong with the documentation, then you are in safe hands and they will advice.

 

In the meantime, it really would help if you are able to answer the following questions raised by Ploddertom last night.

 

 

One:

Were you up to date with any monies you owed under your lease?

 

Two:

Have you received any prior correspondence to advice you that proceedings were being sought?

 

Three:

The writ names you and other party. Has that person maybe been trying to deal with any repossession proceedings by themselves?

[HCEOs]

As I mentioned before, you need to find out which company enforced it and ask them for the details of the order for possession and the application for the writ and whether this complied with the new procedures introduced.

 

You also need to ask why you never received any notice.

 

It is clear to most that Sandbrook has no control over what is done in her name or that she even cares very much now given the poor management of her Ltd companies. She appears to have very little business left over here and this may explain why - http://www.livingthedreamhouses.com/meet-your-realtor.aspx

[Bailiff Advice]

 

It is clear to most that Sandbrook has no control over what is done in her name or that she even cares very much now given the poor management of her Ltd companies.

 

She appears to have very little business left over here and this may explain why - http://www.livingthedreamhouses.com/meet-your-realtor.aspx

 

Having visited Florida many times I can well see the attraction of living there (not for me though).

 

Given that she is clearly a authorised realtor it surely must be the case that questions need to be asked as to how it can be possible that somebody (such as Ms Sandbrook) can simply have their name endorsed on warrants.

 

This is complete and utter madness and if I may say so....this does not show the High Court Enforcement industry in a 'good light'.

[ericsbrother]

but the MoJ, like just about every watchdog in this country does nothing to remove the bad apples.

[HCEOs]

This is complete and utter madness and if I may say so....this does not show the High Court Enforcement industry in a 'good light'.

 

I and I know many in the industry would agree with what you say, especially if the UK companies are left to squander with client not getting paid the money they are due.

[Daria Ziolek]

I did not get any notices. This writ is about house possession. Other person is my partner who was evicted with me and is sitting next to me.Not money debt. Can we concentrate on content of this writ please??

[BazzaS]

I did not get any notices. This writ is about house possession. Other person is my partner who was evicted with me and is sitting next to me.Not money debt. Can we concentrate on content of this writ please??

 

Why focus on the "content of the writ" to the exclusion of looking at:

a) if the writ is a High Court writ and

b) the details of the case in Yeovil County Court.

 

If these are both legitimate court cases and not fabrications, the details of the County Court case will help you work out what had gone wrong and why..... and thus how to seek it being set aside.

 

If either are fabricated, you'd need to pursue a different approach.

So,the details are key (& though you may not like the suggestions that have been made, they aren't unreasonable to exclude based on the advisors experience of what can happen in real life!)

[Peterbard]

Daria.

You seem to be avoiding the question asked many times on here, was there arrears of rent ?

 

If there was, even if by some unheard of technically the writ was defective, another can be issued. Of course, if you did not receive, the arrears notices, the final demand , the letter before action the notice to quit, the notice of issue of proceedings, the notice to defendant from the court regarding the action, the judgment, the application to transfer the judgment to high court, the issue of the writ, you must complain.

 

Personally, i would concentrate all my efforts on finding somewhere else to live.

[HCEOs]

Dodgeball is of course correct and it is finding somewhere to live that you should concentrate on.

 

The writ you show looks the same as all writs issued via Sherwins Ltd t/a The Sheriffs Lodgment Centre whether it be for Shergroup, DCBL, County Bailiff Company or whoever else she lets use her HCEO authority.

 

It may be that the writ is defective given it's unclear whether anybody with experience has had it issued and the recent changes in law may not have been applied. If it is defective, your solicitor could apply for you to be reinstated in the property you have been evicted from and you could potentially claim damages.

 

However, if you were behind with your rent and all of the other procedures have been followed correctly then any reinstatement will likely be only temporary.

 

Like any HCEO, if you feel that due process has not been followed you can complain to the HCEOA about the conduct carried out in their name. Until you, or your solicitor, has the full facts about the order for possession, the application for the writ and who carried out the eviction in Sandbrooks name it will be difficult for you to move forward.

[Daria Ziolek]

I called to Queen's Bench Division Action Department. They do not have this County Court case in register.

[HCEOs]

I called to Queen's Bench Division Action Department. They do not have this County Court case in register.

 

That is surprising as the HP number is what the QBD write on the writs themselves. Maybe call back and quote that number.

 

The actual Order for Possession was clearly granted in Yeovil County Court under claim number C00YE018 on 03/03/2016 and the writ was issued by the QBD in the High Court (Central Office) on 25/04/2016.

 

This all looks fine to me.

 

As I said, what you need to understand is why you never received any notices and whether the correct format was used to obtain the writ.

[Peterbard]

Forgive me if this has been stated further back in the thread, but what kind of tenancy was this ?

[Daria Ziolek]

Assured S. Tenancy,started 21.02.2014

[Peterbard]

Assured S. Tenancy,started 21.02.2014

 

So you were on a periodic tenancy at the time the notice to quit would have been received ?

[Daria Ziolek]

Yes

[Peterbard]

Was this a section 8 action or section 21 ?

[Peterbard]

OK put it another way. Are you currently in temporary accommodation provided by the authority ?

[Daria Ziolek]

If any. Then 21.we requested for repairs. What is the difference?