FRAUDULENT WRIT

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LUCYLOCKET
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#1 FRAUDULENT WRIT

Post by LUCYLOCKET » 18 Jun 2014 13:20

hello

new member here - any advice greatly appreciated.

old ccj obtained against old ltd company

ltd company is dormant and ceased trading for years

old ccj obtained before ceased trading

bailiffs chasing it and pretending its a writ - all details are dodgy on the paperwork

they are using a residential address of a family member for enforcement and adding charges

we never got a real writ from the high court - ever

we have informed them of such - they just state internet is misinforming us lol

company is dead - no debt as far as we are concerned

how can i get rid of them please?

thank you

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Schedule 12
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#2 Re: FRAUDULENT WRIT

Post by Schedule 12 » 18 Jun 2014 15:05

If the company has ceased and a bailiff is pestering a relative at another address then you don't need to do anything. The bailiff will report back to the creditor the debtor has ceased trading.

If a relative is threatened then he can call police on 999 reporting a disturbance and the attending officers can do the appropriate checks to see if the writ is at the correct address and the debtor is identified, if he is not then the police will remove the bailiff from the property at your relatives request.

If you believe the documents being presented to be official court documents, are indeed forged then [afraud][/afraud]
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LUCYLOCKET
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#3 Re: FRAUDULENT WRIT

Post by LUCYLOCKET » 19 Jun 2014 15:25

hello,

thank you for the tips - the limited company has been dormant for years and no returns are requested from tax man etc because of this - so i will just ignore them
cheers
:D

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#4 Re: FRAUDULENT WRIT

Post by LUCYLOCKET » 29 Sep 2014 19:57

hello

i need urgent help please....

this is still ongoing despite me informing the HCEO that the ltd co no longer exits and is down as dormant at the hm customs and tax office etc. our accountant is getting it down as no longer trading at companies house.

yet this hceo turned up today completely out of the blue and threatened us.

we have had no notice of him coming - i thought we had to have 7 days notice?

he shouted he was going to take all the goods he chooses and wrote down my car and threatened to clamp it on my drive!

the writ - which we dont believe is real had the old name and address of the old ltd company but he came to our home.

can he do this? can he break into our home and take our things? he said he could! i am absolutely traumatised at the moment and keep throwing up. the garden has cars and things belonging to our sons but there is nothing here as assets for the old company. there are no assets at all in fact.

i am terrified os sleeping tonight in case they drill the locks in the early hours. i am very ill with ladies problems and anxiety and depression and am under the doctor and i just cant deal with this......

please can someone help us?

thank you if you can

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#5 Re: FRAUDULENT WRIT

Post by Schedule 12 » 29 Sep 2014 20:06

A writ can only be executed at the address printed on it. It can only be executed against the debtor company. If the address or debtor is not available then the writ cannot be executed.


The law says you must be 'GIVEN' a statutory notice of enforcement at least seven clear days excluding public holidays and Sundays before a bailiff starts enforcement.

The law is Regulation 6 of the Taking Control of Goods Regulations 2013 and Paragraph 7(1) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007. The allowed methods giving the notice are prescribed in Regulation 8 (1)(e).

This is what a Notice of Enforcement actually looks like.

If the notice was not given to you at least seven clear days excluding Sundays and public holidays then all enforcement action that follows is not compliant with enforcement regulations. You can start the formal complaints procedures as shown here

Ask the bailiff company for a tracking number for the Notice of enforcement. If they cannot produce one then use Section 7 of the Interpretation Act 1978 by making a sworn declaration you have not been given the notice. Here is a template Statutory Declaration. It also revokes all the statutory fees the bailiff has charged you. Once you have sworn it in before a solicitor, give copies by email to the council, the bailiff company and by text message to the bailiff's mobile. You can get the council CEO's email address here. Ask the council to cease and disist from continiuing non-compliant enforcement action. If you get fobbed off, speak to the Ombudsman. If you believe the writ is a fake then call police on 999 if he returns.

If the writ is genuine then you can do an N244 set aside.
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LUCYLOCKET
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#6 Re: FRAUDULENT WRIT

Post by LUCYLOCKET » 29 Sep 2014 20:16

hi

thank you so much for replying so quickly i will show what you said to my hubby as i am in terrible state and cant take the information in properly yet.

he left a form with my car details on and said the whole amount must be paid off by tomorrow and he will come back tomorrow!

the court have got our application for a stay and set aside and took the fee this afternoon and the court is treating it as urgent and the lady at court said she will get it looked at by lunch tomorrow.

if he turns up shall i just stay indoors and not answer? all my gates are locked and he would have to break them to get in etc.

surely by law we are allowed time for the set aside etc and he cant threaten to come back tomorrow?!

thank you very much

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#7 Re: FRAUDULENT WRIT

Post by Schedule 12 » 29 Sep 2014 20:40

Once the writ is set aside then its dead as far as the law is concerned.

Another persons car cannot be seized. If the debt is in your husbands name then your car cannot be seized. An enforcement agent may take control of goods only if they are goods of the debtor, Paragraph 10 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007.
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#8 Re: FRAUDULENT WRIT

Post by LUCYLOCKET » 29 Sep 2014 20:44

The bottom line is there is no legislation enabling a bailiff to locksmith a debtors property unless he is executing an eviction order, or the property is a commercial premises.


sorry, there is no eviction order and this is our family home. the writ has a totally different address.....so he cant come back with a locksmith and or force entry? he said he could do what he likes!

as long as i keep the house locked he cant come in cane he? please can you reassure me on this? can he enter the garden though?

sorry to ask again i am just a bot muddled at the moment.....

thank you for nay help you can give us.

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#9 Re: FRAUDULENT WRIT

Post by LUCYLOCKET » 29 Sep 2014 20:46

the old debt is in the name of the old limited company and not our personal names and our cars are just personal vehicles not related to or owned by the old non trading company.

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#10 Re: FRAUDULENT WRIT

Post by Schedule 12 » 29 Sep 2014 21:06

The writ can only be executed by taking the goods if the named company.

If the company does not have any goods then the writ cannot be executed.
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#11 Re: FRAUDULENT WRIT

Post by LUCYLOCKET » 29 Sep 2014 22:25

Hi im the husband of lucylocket!
we have applied to the court for a stay on the writ and also aset aside of the writ and judgement based on various things.
on companies house the company is still shown as active but we have no way to liquidate as we cant afford it. we have a letter from hmrc saying they are treating company as dormant and my chartered accountant can also confirm this. do you think the judge will take our side or not? we have no company assets at all.
any advice would be great.

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#12 Re: FRAUDULENT WRIT

Post by Schedule 12 » 29 Sep 2014 22:43

It doesn't matter what the judge does. The writ is as useful as a wet paper bag because the company named on it has no assets.

In any event, the writ can only be executed at the address on the writ. Huntress Search Limited (Claimant) v Canapeum Limited (Defendant) and DSI Foods Limited (Interpleader Claimant) [2010] EWHC 1270, which came out in DSI Foods favour.
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#13 Re: FRAUDULENT WRIT

Post by LUCYLOCKET » 30 Sep 2014 13:19

hello

thank you thats great

can we just ask....what is the difference between a bailiff and a HCEO?

the HCEO stated he was from the Liverpool Court at first then when we pressed him he admitted he was from a bailiff company! we thought the proper High Court had different bailiffs employed by the court with extra powers?

this chap was refusing to show his id even though we asked him 20 times at least. he also stated he did not have to be on a register - we thought they all had to be on a register with a bond at the court etc?

he stated he could seize whatever he chose here - even when we explained the ltd co registered address was elsewhere. he said he could come to our domestic premises and take goods.

how can this be right?

please can you clarify things for us as we dont know what to believe.

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#14 Re: FRAUDULENT WRIT

Post by LUCYLOCKET » 30 Sep 2014 13:32

"and order the bailiff to leave the premises using an Act of Parliament".

which act of parliament can we use for this?

was also trying to get the templates for 15 quid but it wont open just yet will try later...

thank you

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#15 Re: FRAUDULENT WRIT

Post by Schedule 12 » 30 Sep 2014 13:42

The act of parliament doesnt work for HCEO's, only if the creditor is an authority or a local council. The rest of the notice still applies and he has to produce evidence of his ID and authority to enter premises.
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#16 Re: FRAUDULENT WRIT

Post by LUCYLOCKET » 30 Sep 2014 13:56

right so if it was all about council tax we could use that act of parliament?

which one would that be out of interest?

also could you enlighten us on the difference between HCEO from the actual court and the HCEO from bailiff companies..?

are they different? should this chap be registered somewhere or as he is HCEO is he exempt from any register?

sorry if we appear thick but this is all mind blowing to us :)

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#17 Re: FRAUDULENT WRIT

Post by Schedule 12 » 30 Sep 2014 14:48

1. Yes

2. Section 6 of the Human Rights Act 1998 says it is unlawful for a public authority to act in a way which is incompatible with a Convention right. Article 1 of the European Convention on Human Rights provides for the right to the peaceful enjoyment of one's possessions. And Enforcement Agents must act in accordance with the Human Rights Act 1998, paragraph 28 of the Taking Control of Goods: National Standards 2014

3. HCEO only works on high court matters. The High Court Enforcement Officers Association and the Court.
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#18 Re: FRAUDULENT WRIT

Post by LUCYLOCKET » 30 Sep 2014 16:27

hello JasonDWB

thank you for all your help it has been great. we feel a bit calmer today.

the court have put a stay on it and we have also applied for a set aside. will update this site as to what happens in next few weeks so we can help others.

so HCEO is used as its a writ situation, (albeit fraudulent, as their made up writ has wrong address on it) - bailiffs are used for everything else.

neither can break in. only a warrant from a judge would allow them access if they had good cause/criminal activity from us etc - and no judge has allowed this as far i we can see......

its just that this HCEO shouted he could just push past us and take whatever he likes - he was so agressive we have never seen anything like it.

are we on the right track?

thank you jason :)

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#19 Re: FRAUDULENT WRIT

Post by Schedule 12 » 30 Sep 2014 16:42

If an HCEO pushed past you to get inside then it would revoke everything that followed.

Its because the enforcement was not acting lawfully and you would not be guilty of an offence if you threw him off the premises.

If the HCEO resisted you then he is guilty of breach of the peace and it is the HCEO the police must arrest. Foulkes -v- Chief Constable of Merseyside Police; CA 9-Jun-1998
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#20 Re: FRAUDULENT WRIT

Post by LUCYLOCKET » 30 Sep 2014 16:57

ok clear and understood

thank you so much

you have help us enormously

i am having problems with paypal limiting my paypal so i can access the templates yet but i will keep trying.

talk again :) :)

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