Wrong address

Apply to Stay the Writ. Set Aside the Judgment. Apply for more time to pay. Stop the Bailiff. Cancel the Fees.
Post Reply
Cbear79
Posts: 23
Joined: 31 Aug 2017 18:46

#1 Wrong address

Post by Cbear79 » 31 Aug 2017 19:02

Have i made a huge mistake?
HLEO came to my house with a writ of control, it had an address on from over 12 years ago. They found us as the claimant (previously had given the wrong address, took a pic of our car outside school and gave it to HLEO) probably after realising she would never get the ££ if they couldn't find us. It's an unlawful claim against us, we were never able to defend ourselves as all corrispondance went to a wrong address so it looks like we never turned up to court, which as we are not scum bags, and trying to pull a fast one at court, we would never do. Anyway that's not relevant to this, that's another matter.
We handed over the ££ as we were terrified, threats to increase the debt would of crippled our family so in our shocked state we did it.
My question is, the writ of control is not in our actual address, are the allowed to enforce the writ of its not at our actual address ?? Any advice would be great fully accepted.
They also used an incredibly underhand tactic to gain peaceful entry :(

User avatar
Schedule 12
Posts: 12959
Joined: 30 Jul 2012 21:23
Location: London WC2
Contact:

#2 Re: Wrong address

Post by Schedule 12 » 31 Aug 2017 19:34

You can still apply to stay the writ. It doesn't matter if it has been paid. You get your money back.

If the judgement is out of time when the writ was applied for, then that could be your grounds to apply to stay the writ.

See if you have grounds to set aside the judgment, and if you do, then follow this procedure to apply to stay the writ and set aside the judgment.

http://www.dealingwithbailiffs.co.uk/St ... r-HCEO.htm
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

Cbear79
Posts: 23
Joined: 31 Aug 2017 18:46

#3 Re: Wrong address

Post by Cbear79 » 31 Aug 2017 19:44

What will happen when i apply for it to be set aside? Will I have to go to court? What if judge still rules in her favour?? I know it will be unlikely with the amount of evidence I have but I can't afford any more costs, I have the £255 for the n244. This has been awful.

Cbear79
Posts: 23
Joined: 31 Aug 2017 18:46

#4 Re: Wrong address

Post by Cbear79 » 31 Aug 2017 19:45

What will my grounds be? The fact they had wrong address?

User avatar
Schedule 12
Posts: 12959
Joined: 30 Jul 2012 21:23
Location: London WC2
Contact:

#5 Re: Wrong address

Post by Schedule 12 » 31 Aug 2017 22:28

A wrong address is enough to apply for a stay on the writ. If you were unaware of the judgment then you can apply to set it aside.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

Cbear79
Posts: 23
Joined: 31 Aug 2017 18:46

#6 Re: Wrong address

Post by Cbear79 » 31 Aug 2017 23:03

Does it matter that this happened nearly six weeks ago. I know it's hard to believe but we have been in a state of shock, like unwell and in turmoil at what to do? Will the judge hold that against me?

User avatar
Schedule 12
Posts: 12959
Joined: 30 Jul 2012 21:23
Location: London WC2
Contact:

#7 Re: Wrong address

Post by Schedule 12 » 31 Aug 2017 23:15

No, provided you explain why you are late. The above is ok. But not the strongest Argument. You can say you had difficulty seeking legal advice .
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

Cbear79
Posts: 23
Joined: 31 Aug 2017 18:46

#8 Re: Wrong address

Post by Cbear79 » 31 Aug 2017 23:20

Perfect, thank you, that's the best advice I've been given, so I should head the letter appeal to set aside writ or judgement?

Sorry that's my last question.

User avatar
Schedule 12
Posts: 12959
Joined: 30 Jul 2012 21:23
Location: London WC2
Contact:

#9 Re: Wrong address

Post by Schedule 12 » 01 Sep 2017 06:03

Your n244 is to stay the writ and set aside the judgment.


See the article I linked. Because to include in your witness statement thec3 limb test.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

Cbear79
Posts: 23
Joined: 31 Aug 2017 18:46

#10 Re: Wrong address

Post by Cbear79 » 01 Sep 2017 14:36

Hi. Rang court to get address and amount I have to pay, they say the writ is now resolved as I paid the debt in full when the bailiff came.... now I'm totally confused about what I need to do...

User avatar
Schedule 12
Posts: 12959
Joined: 30 Jul 2012 21:23
Location: London WC2
Contact:

#11 Re: Wrong address

Post by Schedule 12 » 01 Sep 2017 16:44

You can still apply to set it aside.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

Cbear79
Posts: 23
Joined: 31 Aug 2017 18:46

#12 Re: Wrong address

Post by Cbear79 » 05 Sep 2017 13:43

Hi

I've been tying to get in touch with Oldham county court for the correct address to send the application too but for a few days it's been unavailable as all ops are busy.

I just want to know how much money I need to send them for the application? Does anyone know? Il just send it recorded delivery to Oldham court I just need the amount of money I need to send with it!!!

Cbear79
Posts: 23
Joined: 31 Aug 2017 18:46

#13 Re: Wrong address

Post by Cbear79 » 05 Sep 2017 13:44

It's like they don't want you to move forward with anything!!!!

User avatar
Schedule 12
Posts: 12959
Joined: 30 Jul 2012 21:23
Location: London WC2
Contact:

#14 Re: Wrong address

Post by Schedule 12 » 05 Sep 2017 13:58

I would send it to London, they are more efficient. Oldham is AW&Co local registry and they aren't very efficient at processing applications that revoke an enforcement power. In London, the high court masters are not influenced.

The fee is £255 for the application, but complete a form EX160 if your disposable income is under £10K a year and you can make it for free.

Address:

Queen's Bench Masters List
Royal Courts of Justice
Strand
London
WC2A 2LL

Then telephone them on 020 7947 6010 and ask them to process your fee remission form EX160 at room E01 then place your application before a master.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

Cbear79
Posts: 23
Joined: 31 Aug 2017 18:46

#15 Re: Wrong address

Post by Cbear79 » 05 Sep 2017 19:14

Will I have to go to London though? For another hearing?

User avatar
Schedule 12
Posts: 12959
Joined: 30 Jul 2012 21:23
Location: London WC2
Contact:

#16 Re: Wrong address

Post by Schedule 12 » 05 Sep 2017 20:56

It's better if you did, because it gets done there and then.

The post is OK, but you have to keep chasing it by phone to get it in front of a master.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

Cbear79
Posts: 23
Joined: 31 Aug 2017 18:46

#17 Re: Wrong address

Post by Cbear79 » 06 Sep 2017 17:53

Arrh ok well I'm way up north so I may have to do it by post, shall I just send a postal order for £255 and recorded delivery?

User avatar
Schedule 12
Posts: 12959
Joined: 30 Jul 2012 21:23
Location: London WC2
Contact:

#18 Re: Wrong address

Post by Schedule 12 » 06 Sep 2017 18:07

You can pay by phone. Postal orders are expensive and take ages to clear payment and delay your application
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

Cbear79
Posts: 23
Joined: 31 Aug 2017 18:46

#19 Re: Wrong address

Post by Cbear79 » 07 Sep 2017 19:17

Hi
Just read through 3 limb test and I'm not sure the judge would of ruled in our favour as although we can prove we gave tenant deposit back and actually let her off without paying some months, and let her daughter move in after her, we didn't protect it, rookie error and I think that's what she's done to us, it was four years ago now too, we are not so ill informed on things like that now. Is it still worth trying to claim back enforcement fee though, we have proof claimant gave court a wrong address? And bailiff were so bloody slow in finding us, and when they did find us they still posted writs to the other address and not ours. We still would of went court to defend ourselves though too, if we had known. Can't believe people are actually like this, for a small amount of money she's actually destroyed our financial situation. Any advice?

User avatar
Schedule 12
Posts: 12959
Joined: 30 Jul 2012 21:23
Location: London WC2
Contact:

#20 Re: Wrong address

Post by Schedule 12 » 07 Sep 2017 20:52

You can reclaim the bailiff's fees because the address was wrong and the bailiff failed to comply with paragraph 7.1 and 7.3 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 (TCEA 2007) and you are not liable for the fees under regulation 3 of the Taking Control of Goods (Fees) Regulations 2014.

You can still do an N244, but the three part test is

1. Did you know about the debt?
2. Can you defend it?
3. Did you act promptly?
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

Cbear79
Posts: 23
Joined: 31 Aug 2017 18:46

#21 Re: Wrong address

Post by Cbear79 » 10 Sep 2017 09:51

Hi, can I just ask, do you think it's worth me taking a quick trip down to London to do this, will they sort it in one day? Would I need an appointment? And lastly, do you think it will be sucsessfull ? Many thanks for all of your info..

User avatar
Schedule 12
Posts: 12959
Joined: 30 Jul 2012 21:23
Location: London WC2
Contact:

#22 Re: Wrong address

Post by Schedule 12 » 10 Sep 2017 20:12

Phone the Queens Bench and get an appointment. 020 7947 7772

If you can show the above three points and give evidence of the change address, I see no reason why it would not be accepted.

You can do this at you local registry, but there is no walk-in service. (Sorry of it's Wikipedia) https://en.wikipedia.org/wiki/List_of_c ... High_Court and try the nearest one to you.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

Cbear79
Posts: 23
Joined: 31 Aug 2017 18:46

#23 Re: Wrong address

Post by Cbear79 » 10 Sep 2017 20:35

Sorry, I'm a tiny bit confused as you mention doing this local.

Do you mean I could put the N244 in my local registry instead of going to London ?

User avatar
Schedule 12
Posts: 12959
Joined: 30 Jul 2012 21:23
Location: London WC2
Contact:

#24 Re: Wrong address

Post by Schedule 12 » 10 Sep 2017 20:57

Yes.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

Cbear79
Posts: 23
Joined: 31 Aug 2017 18:46

#25 Re: Wrong address

Post by Cbear79 » 11 Sep 2017 20:29

Just want to thank you for all your help, finally put in my n422 application, hearings are apparently quite quick, advice from court today were that they think we have a good case for revoke of fees so back to a waiting game.

Do you think it's worth a formal complaint to hce? There was so much wrong with how they handled the whole situation that I really am thinking about it. If u think it's a waste of time though I won't bother. I've no idea how they get away with this kind of corruption though.

They say they posted a writ 5 days before they came but we have cctv which shows them pull up outside, wait ten mins and then drive off, that cost us an additional £1000 in 2nd stage fee, unbelievable. They are gonna get away with that behaviour arnt they.

User avatar
Schedule 12
Posts: 12959
Joined: 30 Jul 2012 21:23
Location: London WC2
Contact:

#26 Re: Wrong address

Post by Schedule 12 » 12 Sep 2017 08:34

Don't bother complaining to the bailiff company. They will mess you about.

Once the writ is dead, the fees die with it.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

Cbear79
Posts: 23
Joined: 31 Aug 2017 18:46

#27 Re: Wrong address

Post by Cbear79 » 14 Sep 2017 17:28

Hi
Quick update

Court have wrote to me, judge says upon reading my application they have listed for hearing and put a stay on the writ under CPR 23.9.. do you know what that means?? Is it a good sign that they are going to listen to our defence?

User avatar
Schedule 12
Posts: 12959
Joined: 30 Jul 2012 21:23
Location: London WC2
Contact:

#28 Re: Wrong address

Post by Schedule 12 » 14 Sep 2017 19:05

It means the court has put a temporary stay on the writ, and set a hearing date to consider your application with the other party notified where each side can put their case to the master.

You must impress on the master that:
  • You did not know about the debt until you got bailiffs out of the blue,
    You have a defence (whatever that may be)
    You acted promptly

Ask to be listed before master Yoxall, Roberts and McCloud, I've had good reviews from previous applicants.

There is no TripAdvisor for judges and masters yet, so I can only go by previous recommendations. There's a few I recommend avoiding, for good reason, but I can't really give this in a public forum.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

Cbear79
Posts: 23
Joined: 31 Aug 2017 18:46

#29 Re: Wrong address

Post by Cbear79 » 14 Sep 2017 19:42

Ok will do. What will happen if they still rule in her favour? Will I get the enforcement fees back? She literally only won a small amount, the rest of the ££ which was allot, was all judgement and enforcement fees because of wrong address.

I'm just praying I don't end up having to pay any more money.

User avatar
Schedule 12
Posts: 12959
Joined: 30 Jul 2012 21:23
Location: London WC2
Contact:

#30 Re: Wrong address

Post by Schedule 12 » 14 Sep 2017 21:52

If your application is dismissed, then it's back to where it was before you made your application.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

Cbear79
Posts: 23
Joined: 31 Aug 2017 18:46

#31 Re: Wrong address

Post by Cbear79 » 14 Sep 2017 22:13

Would you mind a telephone consultation before my hearing, just for some prep?

User avatar
Schedule 12
Posts: 12959
Joined: 30 Jul 2012 21:23
Location: London WC2
Contact:

#32 Re: Wrong address

Post by Schedule 12 » 15 Sep 2017 09:35

You can set it up online when your ready.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

Cbear79
Posts: 23
Joined: 31 Aug 2017 18:46

#33 Re: Wrong address

Post by Cbear79 » 18 Sep 2017 17:03

Hi,

Is there anything I can be doing in preparation for court. I intend to act on my husbands behalf, he will obviously be there but I will be much better at the defence, when should I let the court know this intention and do u think they will have a problem with this?

If there's anything I should be reading up on to help me on the day I would appreciate it.

I would get legal representation but the bailif took every spare penny we had so that's out of window.

I need to be completely prepared to take this on.

User avatar
Schedule 12
Posts: 12959
Joined: 30 Jul 2012 21:23
Location: London WC2
Contact:

#34 Re: Wrong address

Post by Schedule 12 » 19 Sep 2017 09:31

I don't think the court will let you act on your husbands behalf.

Several years ago. I McKenzied for a client but I was refused audience. I had to stand beside the client and dictate in whisper everything he need to day much to the chagrin of the magistrate. The defence took twice as long because the client had to turn to me at each question. I got him off nonetheless but with the trial going well over the allotted time.

The magistrate could not prevent me advising the client otherwise I would have called foul. The trial would have been cleanly wrapped up if I had been allowed audience.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

Cbear79
Posts: 23
Joined: 31 Aug 2017 18:46

#35 Re: Wrong address

Post by Cbear79 » 19 Sep 2017 12:18

Not even if he is right beside me, he has issues with effective communication, is it worth an ask?

Post Reply