No date on the No.53 Writ of Fieri Facias

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No date on the No.53 Writ of Fieri Facias

Post by imsureimright » 13 Dec 2013 11:05

Hi Good people, I wonder if anyone can help me on this. I was served a writ (and form 55) by a couple of bullies collecting on a CCJ. two things.

1) I had been to court on wed evening to have my application to set aside the judgement on grounds that it was a Ltd. company liability (he sued me personally) but it was not granted. I sent an email to The seriffs Office the next morning telling them that I had lost and wanted to pay the debt by cleared funds that day but question the validity and charges of a walking possession order that they had left outside my door, two weeks earlier while we were on family vacation. I received an email response stating that they had received my mail and that some would respond shortly (I assumed with the correct figure and to collect payment) Instead I heard nothing until 7am the next morning when two guys turned up seeking a further £1000 in fees/charges under form 55. clearly in my mind a money making oversize for a ripe victim.

2.both No. 53's do not have a date printed or written in the 'this writ was issued by the Croydon district registry queens bench on:- is this correct? how can I check the validity of this warrant? I

In total I got banged for £2800 payment on a £1000 debt collection - and they do it in the name of the law?!

Help please

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Schedule 12
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Re: No date on the No.53 Writ of Fieri Facias

Post by Schedule 12 » 20 Dec 2013 20:14

This article explains the law on how fees work for the execution of high court writs. ... ements.htm

All overpayments can be reclaimed from the creditor. This article gives a summary of the procedure for bringing a claim in the small claims court.

Just send the creditor a Letter before action and start the claims procedure. You don't need to deal with the HCEO, there is no contract between you and the HCEO that enables them to unilaterally charge fees outside the scope of the statutory scale.

The law only provides costs, but the enforcement agent is unable to explain them so nothing is due.

If you paid a bailiff using a card then this article explains how you can make a Chargeback. You can also consider exploiting the bailiffs unlawful action by making a Postponed Chargeback.

You are owed a lot of money!
I am a paralegal working for solicitors bringing proceedings against bailiffs for non-compliant enforcement action.


Phone consultation with me

Enforcement compliance Checklist

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