Section 8 Rent Arrears - Defend/Counterclaim?? - now HCEO warrant - help!!

[dx100uk]

as far as I remember the NOE must be for the correct address

and they cant then get a warrant for a another address without a compliant NOA in the first place

so invalidates the lot.

 

no sure but its something like that.

[Big Shoooz]

Well the court had allowed all docs to be served at my old address because I have a redirection in place but the letter about the Bailiff visit has been sent to my new address.

 

Even if everything had gone to my old address they would have redirected.

This makes me think the Writ and NOE have not been sent to me at all.

 

Does this mean anything? 

[dx100uk]

I believe it does

but let BA or one of the other bailiff experts confirm.

let me quickly go look for a thread by BA recently im sure something relevant is there.

[dx100uk]

post 39 here 

see if that makes sense with what im saying

 

[Big Shoooz]

Sorry this is all going over my head and in any case it’s regarding a Magistrate Court and maybe not HCEO.

 

Is it a case of the same address needing to be used for the whole process?

The court had allowed service to my previous address so surely everything thereafter should be sent to my previous address?

 

I think the letter notifying me of a visit has been sent to my new address to scare me because now I know they know where I live and this IS scaring me due to the harassment my ex LL and his associates put me through.

 

Strangely enough, my credit report is showing some unknown has searched against my current address and the one previous to my previous address which I thought was weird and my ex LL obviously knows my address previous to renting his property.

 

Have they sent Writ and NOE to my previous address knowing that I wouldn’t receive it?? 

 

Do I need to request a copy of the Writ and NOE which I have not received or is that a waste of time because if they were sent to my previous previous address and not redirected then they could easily change the address to my current one before they send me copies? 

[AndyOrch]

You could always ring the number in the letter to discuss it and ask which address was on the NOE and WOC and request further copies ?

 

Takes all the guess work out of this and you know where you stand and stops all the anxiety you are suffering.

The costs were awarded ...you knew you had to make payment or payment arrangement..which is normally due 14 days after the costs were awarded.

 

Andy

[Big Shoooz]

I could do that but I still wouldn’t know if they had tampered with the address.

 

I actually didn’t understand the N24 as being that I was the one who had to instigate a payment/plan.

I was actually expecting to receive a CCJ first.

 

The claimant solicitor totally took advantage of my litigation skills (or lack of) and pulled the high Court Writ stunt unexpectedly when all along he had been threatening a CCJ.

[dx100uk]

I write further to our previous notice of enforcement sent to you in relation to the above High Court Writ Of Control

 

the bailiff NOE and writ were hand delivered - thus bypassing your redirect...

 

but atleast someone has dropped a ball other than yourself, stupid idea using redirect.

its only made things worse

 

however.. its clear both are NOT for your correct present address so are invalid thus so is the taking control of goods order.

that means that aLL fees are invalid too.

 

might be best to do an N245 variation order to the court before you do get a NOE etc to your correct address as the fees here will be very high for an HCEO and a debt of this magnitude. the N245 will stop all enforcement.

 

think im right on this one

[Big Shoooz]

But I would have to get a copy of the NOE and Writ before I could do an N245 wouldn’t I? I also don’t know for sure yet that they were hand delivered.

 

Should EVERYTHING be going to my previous address since the court had agreed to that? 

 

Are they not allowed to take anything from my current address?  

Does this mean they have to stop Enforcement and start again?

If so who is liable to pay their charges for this mistake?

[dx100uk]

now go back and read my previous post again CAREFULLY.....

[Big Shoooz]

Right so I do not request copies of the NOE and Writ but I do an N245?

I guess the owners is on HCEO to prove the NOE and Writ were sent/hand delivered?

Where do I send the N245?

[dx100uk]

no they had the wrong address

he cant use those to enforce at another address

so everything is voided inc fees.

 

the N245 goes to the court

do it tomorrow

[Big Shoooz]

Which court?

[AndyOrch]

On 28/04/2019 at 18:03, dx100uk said:

if you got an n24 that's the answer, you didn't update your other thread here

n24 form is a “general form of judgment or order”

scan it up please

 

 

Scan the N24 and let us see what it states.

[brassnecked]

We need sight of the N24 to be able to see what is happening correctly.

[Big Shoooz]

I’m really panicking at the moment because I have mislaid it. Could I get another copy from the County Court?

 

[AndyOrch]

I would think so...ask them to email you a copy of the N24 dated xxxxx

[Big Shoooz]

I’ve found the N24! Copy attached.

 

This document really didn’t make any sense when I received it. It didn’t strike me as being an actual CCJ because I thought the Court sent further paperwork for that. It also says if I can’t comply to make an application to the court before any deadline imposed expires. Well I can’t see anywhere that states a deadline. It is also not clear about when and how to make payment.

 

The costs have also increased vastly since the HCEO have got hold of it and I have had no breakdown of this.

 

Can you please let me know who I should be sending the N245 to, the County Court or the High Court? Thank you.

 

 

 

Scan 30 Apr 2019 (3).pdf

Edited April 30, 2019 by Big Shoooz

[dx100uk]

the court that issued the judgement on that PDF?

[Big Shoooz]

Great thank you so much. So as that is the County Court, will they contact the High Court directly or the claimant and how long will the process take? 

[dx100uk]

they will tell the claimant, what they do is their own problem

they could refuse the PCM offer and force a hearing, but I doubt it,.

forget the bailiffs now, all null and void anyway. as NOE etc against wrong address

[Big Shoooz]

Roughly how long will it take for the Court to contact the claimant? 

 

I have sent the HCEO a Vulnerable Person letter and they have confirmed they will put any action on hold for 14 days so the pressure is off me for a short while now

 

they are asking me to send proof of my health issues from a medical professional

also confirm details of treatment and

benefits and

are also asking for a I&E.

 

Do I legally have to provide all this?

I already feel violated that I’ve had to tell them which health conditions I have. 

[dx100uk]

there is no action they can take

there is no legal enforcement, they messed up.

 

no ignore them

get that N245 in.

 

 

[AndyOrch]

https://www.hcegroup.co.uk/2017/10/10/stays-execution-enforcement/

 

You will require copies of the NoE and WoC before you can submit an N245 to either stay the execution or make an offer of payment......the N245 goes to the High Court  that issued the NoE/WoC.

You may have grounds to stay the execution because of the address mix up and health reasons

 

Under CPR 83.7, the defendant may apply to the court to ask them to order a stay of execution of a writ of control either absolutely or for a specific time period, provided that either:

• That there are special circumstances which render it inexpedient to enforce the judgment or order; or
• That the applicant is unable from any cause to pay the money, 

 

Im not sure you can submit an N245 to vary payment on a Costs Order.....a payment plan should be made through the Bailiff who in turn puts the offer to the claimant.

[dx100uk]

sorry have I read/understood things wrong?

 

the op posted: Hmmm, they already seem dodgy because they sent me a letter saying “I write further to our previous notice of enforcement sent to you in relation to the above High Court Writ Of Control” but I haven’t had any previous correspondence from them. 

 

going advice by BA's [posted above in the link] the NOE was sent to the wrong address?

does this not null the warrant/control of goods etc?