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You attend the hearing....and you should have been called in last time.


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You attend the hearing....and you should have been called in last time.

 

Yes I know I should have been called in last time Andy but I wasn’t and it didn’t go against me.

 

The reason why I am asking if I HAVE to attend this time is because I am very ill and this sort of thing makes my illness even worse so I was wondering if I could send a letter to the Court for the hearing rather than turn up in person?

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Best you do and protect your corner and given your case is rather complex. you would be on hand to give oral evidence..This is an application hearing only and separate to the normal process...I doubt you would be in there more than 15 mins.

 

You can and should submit a statement anyway in objection with reasons to their application to strike out...this must be filed and served not less than 7 days pre hearing.


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Is it possible for Court Enforcement Services to get a High Court Writ Of Control without me having a CCJ?

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No they would need a CCJ, with a value of more than £600.  They could be contacting as pure Debt collectors, in which case they have no power to do anything other than send letters and if they sent someone round you could tell them to go away.  To help give best advice; could you give some background to this?  As in is there a debt, and who is it to.  For safety check your Credit Rating with someone like Noddle or Clearscore to see if anything is on there.  It's not unknown for a faulty trace to come up with the wrong Mr Jones who has a CCJ and append it to another Mr Jones in error.  Other Caggers will be along soon with further and alternative advice.


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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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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. 

 

Also, I have checked my credit score with Clearscore, Noddle and Check My File (who include Callcredit, Crediva, Equifax and Experian) and none of them show a CCJ. 

 

I’ve also checked Trustonline and again there is no CCJ.

 

I’ve heard bad things about Court Enforcement Services/Elliott Davies based at Loughton IG10 9GL but appear to be registered at Monument Street, London EC3R 8LJ (along with lots of other companies of the same ilk). 

 

Im worried because their letter states an Enforcement Agent has been instructed to attend my property to take control of goods. Obviously I’m not going to let them in without a warrant but I’m also not obliged to even answer the door but my real worry is if they clamp our vehicles.

 

Do note however that they say Enforcement AGENT not Officer, I believe they are not the same.

 

The debt is due to a Civil matter with an individual not a company although he has a solicitor working on his behalf and I’ve been a litigant in person.

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You dont let them in anyway!!

There is no right of forced entry on civil debts


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But if they have a warrant I HAVE to let them in.

I’m honestly more worried that they will find our cars and clamp them.  Can they do that without a CCJ in place and without a warrant?

 

 

 

 

 

 

 

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no you dont

where have you read that rubbish??

can we see this letter please

scan it to PDF only 

read upload


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DX is correct, no right of entry at all, they can seize goods outside, cannot climb in through windows anymore, they will try to Take control of a motor vehicle though.  As per DX please post up the letter, they could be acting as Debtt Collectors and be being naughty.  We need a bit more background to point you in the correct direction.


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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Here is the letter.

Please remember, this is the first correspondence I have received on the matter. I haven’t received any forms from the Court (which I believe I should have been issued with for a CCJ) and I have received no correspondence from the claimants solicitor regarding payment.

 

Scan 28 Apr 2019.pdf

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Have you had a County Court appearance on this matter regarding any claim? 


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Here is the letter.

Please remember, this is the first correspondence I have received on the matter. I haven’t received any forms from the Court (which I believe I should have been issued with for a CCJ) and I have received no correspondence from the claimants solicitor regarding payment.

 

 

I didn’t appear at the last appearance in February. My counterclaim was struck out on that occasion and I was to pay the claimants costs. I received an N24 stating this.

There has been no correspondence from anyone since then but as far as I know the original claim is still ongoing.

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I would contact the  Court first thing Monday, it's possible there is something regarding the costs that might be more than £600, and they are going after unpaid costs. Something strange here.


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if you didn't receive anything the they've gotten a backdoor CCJ, you wont find it unless the address is linked to your credit file or you search that address on trustonline.org.

 

Iweill suspect this is to do with

 


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How does a backdoor CCJ work? 

As I said earlier, I’ve searched credit report and trustonline and found nothing. 

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A backdoor CCJ is where the court documents are sent to a previous address, and the Claimant gains judgment by default.  They then miraculously find your correct address and Enforce the judgment there.


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Is this legal?

I have a mail redirection set up for my previous address though so I would have received any documents UNLESS the envelope was addressed to the current occupier whose name the claimant would know because he is their landlord.

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Actually, High-value claims can be started in the High court and judgement issued. Also, many  Statutes require it. CPR7 I think. 000Some legislation forbids it also like the CCA 1974, count court only.

 


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That is so wrong. There must be lots of people out there who owe more than £600 who suddenly get a visit from the bailiffs.

 

So I won’t actually have a noticeable CCJ on my credit file if this is the underhanded route they have taken?

 

I have no assets inside my tiny home but I’m very worried about the vehicles. One belongs to a vulnerable person (disabled) and the other belongs to a sole trader. Is there anything I can do to protect them? 

 

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they are not yours so they cant touch them.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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many court documents are not redirected

some even say this on the envelope - do not redirect

so RM have a habit of not redirecting any now

seen this time and again here


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12 minutes ago, dx100uk said:

they are not yours so they cant touch them.

The vehicles belong to me and my husband so we do own them but I need mine to get around (I’m disabled but awaiting a Blue Badge) and my husbands is for his business which he can’t run if he doesn’t have it. 

What can we do to stop them from being clamped?

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Lock them in a garage or parkthem away from your property.  As soon as you have the Blue badge, make sure its on display, they cant clamp it then

 

 would phone the Court Monday and ask them for details of claim and judgment, have a feeling its Forthwith, as in pay immiediately, it wouldn't show on the register until 28 days after the judgment.


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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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I haven’t got a garage and I believe they still find vehicles if you park them somewhere else. I’m more worried about the business vehicle. Is it true that they can’t touch a vehicle which belongs to a limited company? If so, would we be wise to change my husband from a sole trader to a limited company?

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