Andrew Wilson & Co

Tell us how you beat the bailiffs.
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Joined: 17 Oct 2015 22:06

Andrew Wilson & Co

Post by jimmay » 21 Oct 2015 09:59

I wanted to join so i can describe my experience with bailiffs and being taken to court etc which I hope someone will find useful!

Firstly, this is a civil matter involving myself and my partner and neighbours (who have now moved) in a dispute about a right of access which runs round the back of our houses.

We had just moved in, and these neighbours would wander round as and when they felt like it, into and through our garden when we had guests or were in the garden for whatever reason and would just come barging through unannounced (which is actually not how the access should be used, we even sought legal advice to ask if we could erect a gate and according to the solicitor we used he said we are well within our rights to do so) we did. They werent the nicest of neighbours, and were quite aggressive and nasty and we felt better knowing they couldnt just appear out of nowhere. So the gate went up, and so it began...

Solicitors letters came through thick and fast, and back and forth it went until they eventually took us to court (AND our solicitor got shut down for dishonest practice in the process, leaving us with no representation!!) and we couldnt afford to use another one.

Long and short of it, we got taken to court (to be honest we didnt take it seriously as it was over a gate!) and they were awarded damages and also we had to pay their legal fees (total amount around £9,000) - cue the laughs at the ridiculousness.

After the court hearing, their solicitors demanded we pay in full, to which we replied sorry we do not have the ability to pay in full, please can you arrange a payment plan with your clients = no response.

We then received a letter from the solicitors to say pay in full (again) - to which we replied the same thing, again with no response.

we offered THREE times to arrange a payment plan, and each time the claimants didnt accept and/or just ignored.

We came home one day to find a High Court Enforcement agent from Andrew Wilson and Co had been to our home and had put a letter through the door to seize goods as the judgement had still not been paid and he would come back AT ANY TIME to seize goods again, and even in our absence!

He came back another time and knocked (VERY early in the morning, so we were in bed) and I opened the window (through fear it was him again) and looked down and he looked up and said he has put a letter through the door...and then he walked off.

We were visited a third time (we werent home) with another letter.

We received a FOURTH letter, saying as we have refused to pay the amount owed, and have failed to set up installments payment plan, they MAY have to instruct their clients to make us bankrupt.

We were taken to court in may, and this has all happened in that time. I am not too sure on the process but we have spoken to some legal sources who have said it is unusual for this to happen so quickly, as in too quick for bailiffs/hceo's to start turning up. its been a mess to say the least.

We have applied to the court to get it made official that we can pay in installments as there is no way we can afford the full amount in one go, and I think it is unreasonable NOT to negotiate at all, whereas we have been more than reasonable - and I ask myself why when we have been bludgeoned at every turn!! We should have just been difficult - would have made no difference it seems!

It appears, after doing so much research, that the court favour mediation first - at NO point did they try to speak with us directly to resolve any issues, despite numerous attempts by us to talk to them!! They just chose to use solicitors.

Thats where we currently stand!

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Schedule 12
Posts: 13502
Joined: 30 Jul 2012 21:23
Location: Philippines

Re: Andrew Wilson & Co

Post by Schedule 12 » 21 Oct 2015 11:03

There are a number of ways you can scupper a nuisance High Court Enforcement Officer:

1. If you accept you owe the money but you just need more time to pay, then you apply, using a Form N245, for a STAY OF EXECUTION and a VARIATION at the High Court district registry address at the top right of the writ.

2. If you dispute the sum owed, or you had no previous knowledge of the proceedings, you apply, on a Form N244, for a SET ASIDE. If you need other grounds then run a High Court Enforcement compliance check to discover what grounds are available to you to get the writ set aside.

3. Pay the creditor direct. Provided there has been no goods removed then no costs of execution are due. Only the statutory fees remain, but if goods have been taken into control, the HCEO cannot recover fees by selling them because Paragraph 58(3) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 "No further step may be taken under the enforcement power concerned." and Regulation 17.1 of the Taking Control of Goods (Fees) Regulations 2014 "the enforcement agent may not recover fees or disbursements from the debtor in relation to any stage of enforcement undertaken at a time when the relevant enforcement power has ceased to be exercisable" and guideline 31 of the Taking Control of Goods: National Standards 2014 "Enforcement agents must not seek to enforce the recovery of fees where an enforcement power has ceased to be excersisable."

4. If the debtor is a company, wind up the company and reform it with a new one. The writ and judgment dies with the original company.

5. Pay the debt to clear it. Then reclaim it through the courts or via a chargeback

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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