High Court Enforcement liars

[scully91]

Hi guys, ok heres the story.

A lady took me to court, i wasnt aware of any of it until a HCEO appeared at my door asking for £5500. I paid.

I then found out the lady had used a wrong address orignally and got the debt set aside. The lady has since withdrawn the proceedings and its now settled.

However before she did that the court asked for our defences and to be served on them and each other, in her defence was a statement from the HCEO stating what they did in regard to collecting the minies, this had never been sent to me only sent to the court and the claimant.

To my amazement the statement was a crock of lies, backed up by the fact i had the lot on cctv. The Enforecement people were contacted and i stated they have acted illegally, they then backtracked saying i had had ample time and their cctv was now taped over etc etc all stuff because their cctv (and mine) would not match the statement.

It appears that they should have asked for £5000 not £5500, stage 1 was 5000 stage 2 was 5500 , they had said they pulled up and i drove off when cctv shows this didnt happen at all and so it goes on.

Needless to say im pretty peed off at the cheek of them, they have kept the £1400 from the £5500 which is their fee and will not return.

Where do i go from here?

[zeke]

You have a detailed assessment hearing and ask the court whether the fees are lawful: https://www.nationalbailiffadvice.uk/Di ... Court.html

They are not lawful because the court stayed the writ and the claimant withdrew and in any event, the enforcement address is wrong. Therefore you can have your money back on those grounds as well as the operation of Regulation 3 of the Taking Control of Goods (Fees) Regulations 2014.

Name the creditor as the first defendant and the bailiff company as the 2nd defendant.

You could do a simple claim the small claims track against the same defendants. Its a slightly easier process: https://www.nationalbailiffadvice.uk/Ta ... Court.html

[scully91]

Umm so what do i need to do tomorow when the court open or today what do i need to fill in?

[zeke]

Follow the link to the instructions and it says what forms you must complete.

Download and complete a form N244, make a statement of case with exhibits from the above list where needed along with a draft order.

[scully91]

You were not given a Notice of Enforcement - the law says NO FEES may be recovered

This part here, they say they sent a letter first class unrecorded but they do not need to provide proof of posting, needless to say i never did recieve one no doubt because one was never sent. How would one ever prove it

[scully91]

you state

They are not lawful because the court stayed the writ and the claimant withdrew and in any event, the enforcement address is wrong. Therefore you can have your money back on those grounds as well as the operation of Regulation 3 of the Taking Control of Goods (Fees) Regulations 2014.

Can these parts be highlighted simply and quickly by yourself as a knowledgeable person in these matters?

[zeke]

You were not given a Notice of Enforcement - the law says NO FEES may be recovered

This part here, they say they sent a letter first class unrecorded but they do not need to provide proof of posting, needless to say i never did recieve one no doubt because one was never sent. How would one ever prove it

The law doesn't say it has to be recorded delivery, It says the bailiff must keep a record of the time it was given. That way the court can use section 7 of the Interpretation Act 1978 to decide whether it was given by post if the bailiff did not keep a record of the time it was given.

[scully91]

Yes thankyou i found that part,

you also stated this.....

They are not lawful because the court stayed the writ and the claimant withdrew and in any event, the enforcement address is wrong. Therefore you can have your money back on those grounds as well as the operation of Regulation 3 of the Taking Control of Goods (Fees) Regulations 2014.

Im looking for those parts so i can highlight them for the court.

Im struggling to see them, as of course i need to show which grounds i am claiming on, thankyou

[scully91]

Is there an address i can send all the paperwork to now? thankyou

[zeke]

It's best taken person to the High Court in London. Room E07 then E15 then you want the masters corridor.

[Jaljulie]

I was sent a txt message saying enforcement team are coming to my home but it didn't say why I've a husband with cancer

[zeke]

Here is how to deal with nuisance text messages from bailiffs.

[Jaljulie]

Do you txt people or a sms saying your the enforcement team coming to your home in 7 days no telephone number my husband has cancer

[zeke]

It looks like an offence under the Malicious Communications Act 2003, section 127

• 127Improper use of public electronic communications network
  
  (1)A person is guilty of an offence if he—
  
  (a)sends by means of a public electronic communications network a message or other matter that is grossly offensive or of an indecent, obscene or menacing character; or
  
  (b)causes any such message or matter to be so sent.