High Court Enforcement Group NOE on a CCJ that isn't registered nor do I owe the money

[nicknock]

Hi 

 

I was taken to court by a landlord in 2015 for unpaid rent, but I had gone travelling so didn't receive the papers. 

 

I had moved out of his property, but he claimed I still lived there and took me to court for the rent for those months.

I obviously told him I was leaving and when, and have proof to show I had left and had indeed gone travelling. 

 

When I returned and realised I had a CCJ for unpaid rent, I applied for a set aside.

I was 10 minutes late for the hearing due to unexpected road works and the judge dismissed it.

 

I reapplied and had another hearing,

but the judge just wouldn't listen to me or look at my proof and said I was lying about turning up late the first time! 

That was 3 years ago

 

I've just had a hand delivered letter through from a HCO but I think it's just a company rather than anything official from the court. 

 

Couple of questions:

 

I checked with all 4 credit agencies and there is no record of the CCJ

I also checked with Trust Online and it isn't on the register, so can it even be enforced?

Also, is there really nothing I can do given I do not owe the man the rent and have solid written proof that I wasn't living there!? 

Granted it was my fault I was a bit late, but that doesn't mean I owe him any money. 

 

The letter is threatening to take goods with or without my presence, but I understand that they can't break in? Also, it says they will apply for an order to gain access to my property but I have never heard of this? 
 

Can I counter sue in an attempt to make him leave me alone? maybe for damages for harassment?

 

At the time of living there, we had a really bad mould problem and in the end he did give me money off the rent because so many of my belongings were damaged, and thats one of the reasons he asked me to leave because he didn't want to add ventilation. 

 

Thank you in advance. 

Edited June 7, 2019 by nicknock

[dx100uk]

you mean you have a notice of enforcement from an HCEO?

who are they please

you need to deal with this in the 7 days given on the letter

else a total of £310 in fees will be added to the debt

 

doesn't matter they are 'not from a court'  [they ARE from the high court]

the debt must be over £600 hence your ex landlord can employ them for a small fee

[nicknock]

Hi, 

 

They are called the High Court Enforcement Group. Deal with it how though? 

 

They can't actually do much unless I let them in right? (which I obviously wouldnt) 

 

Thanks

[dx100uk]

 

 

can we confirm this is a NOE you have please?

 

I would suspect the CCJ is registered against an old address

so TOL wont show if you searched only your current one?

 

should be on your credit file though

as long as all your old addresses are showing in linked addresses??

[nicknock]

It is yes. 

 

I checked the address where it was registered in 2015. It isn't showing on any of my credit reports either. 

[nicknock]

Hi 

 

Just nudging this, does anyone have an idea of whether this is enforceable? 

 

Thanks 

[Bailiff Advice]

21 hours ago, nicknock said:

Hi 

 

Just nudging this, does anyone have an idea of whether this is enforceable? 

 

Thanks 

 

As you had two court hearings, it is clear that there is a judgment. Are you sure about the date that judgment had been obtained?  It certainly should have been recorded on Registry Trust and should have remained on the register for 6 years. There is a misconception that when a judgment is removed (after 6 years) that the debt cannot be recovered. This is not the case at all. The money is still owed. 

 

In your particular case, the debt is clearly due and payable (as sadly, the Judge rejected your set aside application). 

[Bailiff Advice]

On 07/06/2019 at 18:58, nicknock said:

 

The letter is threatening to take goods with or without my presence, but I understand that they can't break in? Also, it says they will apply for an order to gain access to my property but I have never heard of this? 

 

The enforcement company are correct in saying that goods can be taken into control with or without your presence. However, contrary to popular belief, this does NOT mean that the agent will be breaking into your property. What it means is that if a motor vehicle is located outside of your property.....it can be removed. If a door if left unlocked, entry can be gained into your property. 

 

Yes, there is provision in law to allow the company to apply to the court for permission to gain access into the property. With residential properties......such applications are as rare as hens teeth.

[Bailiff Advice]

On 07/06/2019 at 18:58, nicknock said:

 

Can I counter sue in an attempt to make him leave me alone? maybe for damages for harassment?

 

At the time of living there, we had a really bad mould problem and in the end he did give me money off the rent because so many of my belongings were damaged, and that's one of the reasons he asked me to leave because he didn't want to add ventilation. 

 

I certainly would not risk counter suing. 

As to the REASON why you left the property, that is irrelevant. The court has also rejected your 'set aside' application twice. 

 

 

Edited June 10, 2019 by Bailiff Advice

[Ethel Street]

You say you can't find the CCJ now,

it isn't on your credit files or TrustOnline.

 

But in your first post you said that when you returned from travelling you realised you had a CCJ.

 

How did you know you had a CCJ?

The answer is probably blindingly obvious

- the court papers had been delivered to you

- but just checking for clarification.

 

The court papers had presumably been sent to your new address, how did the landlord know that?

[brassnecked]

Might be an option to ask for a variation to allow affordable payment s, was the judgment forthwith?

[nicknock]

Hi all, 

 

Whilst travelling, I had my mail forwarded to a friend and on my return and I collected it and so became aware of the CCJ.  

The landlord had sent the papers to his address.

The CCJ does not show up on the register or on any of the 4 main credit report agencies.

I applied for two set asides yes, but the CCJ is clearly not registered. 

 

I just can't believe that because a judge decided not to even hear my case properly, I have to pay money I don't owe and have extensive proof to show that I don't owe.

Even with a variation order, I would have to pay it back

[dx100uk]

so the CCJ must be registered using your name at your friends address then?

did you check that address on TOL?

[nicknock]

Hi, no sorry I meant redirected not forwarded. 

[AndyOrch]

Does this letter refer to a Judgment number ?

[nicknock]

I don't have the original letters unfortunately, it was 4 years ago. 

[AndyOrch]

I dont mean the original ones...the one you received on Friday from High Court Enforcement Group...it should contain the claim number/judgment number

[nicknock]

Ah sorry, no there isn't a judgement number only a claim number. 

[AndyOrch]

Claim number is the judgment number...now you can call MCOL Northampton and get the details.

[nicknock]

Thanks, but it's still not on the register?

 

I know what the details are I just want to know if it can be enforced if it isn't on the register?

 

Also don't want to tell them it's not so they put it on then it affects my credit! 

[AndyOrch]

Its irrelevant whether its on the register or not...If MCOL say its valid its valid...if they cant trace it..there is nothing to enforce.

 

Not being on the register may be a simply glitch and is not evidence it exists or not and therefore enforceable. 

[dx100uk]

who says you have to tell them?

just ring northants bulk

quote the number and ask for a copy of the claimform and the CCJ judgement by email pdf.

 

could it have been Salford court having 2nd thoughts about it?

 

 

 

[nicknock]

Ha good point. It was defintely Manchester Court. So if they send it to me, where do I go from there? 

 

OK thanks. If it is valid then what are my options?

 

I have solid proof I do not owe the money, so it's just insane I can't do anything about it. 

[AndyOrch]

If it is a valid CCJ then that changes your thread completely with your approach to the numpties that are writing to you.

 

If MCOL/or Salford CCMCC have not trace of the judgment...you can forget the letter.

 

What exactly does this letter state ?

[nicknock]

5 minutes ago, Andyorch said:

If it is a valid CCJ then that changes your thread completely with your approach to the numpties that are writing to you.

 

If MCOL/or Salford CCMCC have not trace of the judgment...you can forget the letter.

 

What exactly does this letter state ?

It has the landlord and I's names, the claim number and that it is a NOE. They threaten to take goods with or without my presence and apply for a tribunals and enforcement act to enter my premises. Then it says, I must pay in full immediately to avoid the action. I'm fully aware I don't have to open the door though.