WRIT

Apply to Stay the Writ. Set Aside the Judgment. Apply for more time to pay. Stop the Bailiff. Cancel the Fees.
Post Reply
LUCYLOCKET
Posts: 60
Joined: 18 Jun 2014 12:44

#1 WRIT

Post by LUCYLOCKET » 11 Feb 2015 17:16

Hi

is a writ transferable?

we got a ccj for a company at our home address which is nothing to do with us - then hceo arrived trying to enforce it.

then a new ccj arrived with an amended name and still at our address!? - even though we have explained it has nowt to do with us.

the ccj states the judge has transferred it without a hearing and the defendant can apply for set aside etc.

can the hceo re attend using the same original writ - or will the credit/claimaint have to apply for a fresh writ or can the writ be transferred also?

bit if a nightmare as none of it has anything to do with us.

help please if you can as getting in a state.

thank you very much :D

User avatar
Andy
Moderator
Posts: 1492
Joined: 28 May 2014 17:34

#2 Re: WRIT

Post by Andy » 11 Feb 2015 17:19

If it has nothing to do with you then the law says the HCEO cannot touch anything of yours.

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.
2nd Year University Law Student.

User avatar
Hithard
Moderator
Posts: 702
Joined: 19 Mar 2013 13:54

#3 Re: WRIT

Post by Hithard » 11 Feb 2015 17:29

Can you scan and post up a copy of the writ with all personal details obscured for your privacy. Somebody could well be trying to commit fraud. If you've never owned a company or any company by that name then the writ is un-enforcable if it was legit.
Descendite ne illegitimi

LUCYLOCKET
Posts: 60
Joined: 18 Jun 2014 12:44

#4 Re: WRIT

Post by LUCYLOCKET » 11 Feb 2015 17:45

hello both
thanks for replying
I don't have the writ he just flashed it at me....it had my someone elses name and address on it but he said he was trying to enforce it here as this address was linked with this other person and company.

it looked liked a writ but it was roughly photocopies etc.
he also point blank refused to show id

we told him we had nothing to do with it but the new ccj has come back - transferred to our address etc as per my first post.
really confusing.

this man and his company has nothing to do with us here.
have told the court and they said to return the paperwork not known at this address etc - which I have done.

I am just worried that this oik will come back and transfer the writ like the ccj has been and then try and take our things/levy etc.

can the writ be transferred or should the claimaint/creditor have to get a new fresh writ.

what a load of fraudulent swines......
cheers

LUCYLOCKET
Posts: 60
Joined: 18 Jun 2014 12:44

#5 Re: WRIT

Post by LUCYLOCKET » 11 Feb 2015 17:46

Andy wrote:If it has nothing to do with you then the law says the HCEO cannot touch anything of yours.

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.

how do I prove this too/ we have machinery at home which belongs to our son in law not us - can they take this. he has no paperwork as he bought it all second hand for cash from mates etc...

User avatar
Andy
Moderator
Posts: 1492
Joined: 28 May 2014 17:34

#6 Re: WRIT

Post by Andy » 11 Feb 2015 17:49

A sworn statement of ownership will take care of the matter, it cannot be rebuked as the bailiff has no proof. Jason can provide a basic template.
2nd Year University Law Student.

LUCYLOCKET
Posts: 60
Joined: 18 Jun 2014 12:44

#7 Re: WRIT

Post by LUCYLOCKET » 11 Feb 2015 18:05

thanks andy
please can Jason send me a link when he gets a chance please? do I need to get a solicitor involved to validate it?

User avatar
Schedule 12
Posts: 13096
Joined: 30 Jul 2012 21:23
Location: London WC2
Contact:

#8 Re: WRIT

Post by Schedule 12 » 11 Feb 2015 19:18

If this is a high court writ, you don't need a sworn statement.

Make a letter and serve it under Rule 2 of the Civil Procedure Rules Schedule 1, Rules of the Supreme Court Order no. 17.

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

LUCYLOCKET
Posts: 60
Joined: 18 Jun 2014 12:44

#9 Re: WRIT

Post by LUCYLOCKET » 11 Feb 2015 22:55

That's great thank you. Will prepare.

Any views on the ccj transfer or writ transfer?

Thank you :D

User avatar
Amy
Admin
Posts: 4060
Joined: 22 Jul 2012 22:47

#10 Re: WRIT

Post by Amy » 11 Feb 2015 23:12

A CCJ cannot be transferred from one party to the other simply because they cannot find the actual debtor.

They clearly have the wrong address and if it were me, I would complain to the court immediately and forcefully because it really is not right that they allow this man to keep visiting you.

LUCYLOCKET
Posts: 60
Joined: 18 Jun 2014 12:44

#11 Re: WRIT

Post by LUCYLOCKET » 11 Feb 2015 23:15

Thank you Amy. I will ring the court and write up here the outcome. Thank you x

User avatar
Amy
Admin
Posts: 4060
Joined: 22 Jul 2012 22:47

#12 Re: WRIT

Post by Amy » 11 Feb 2015 23:29

Please do.

x

User avatar
Amy
Admin
Posts: 4060
Joined: 22 Jul 2012 22:47

#13 Re: WRIT

Post by Amy » 11 Feb 2015 23:49

Lucy, is this thread related to this thread? viewtopic.php?f=13&t=1974&p=22255#p22255

LUCYLOCKET
Posts: 60
Joined: 18 Jun 2014 12:44

#14 Re: WRIT

Post by LUCYLOCKET » 29 Apr 2017 02:41

Andy wrote:
11 Feb 2015 17:49
A sworn statement of ownership will take care of the matter, it cannot be rebuked as the bailiff has no proof. Jason can provide a basic template.
Hi Andy and Jason...

Do you have a template for a Sworn Statement of Ownership please?

Thank you x

User avatar
Schedule 12
Posts: 13096
Joined: 30 Jul 2012 21:23
Location: London WC2
Contact:

#15 Re: WRIT

Post by Schedule 12 » 02 May 2017 14:00

Attached.
You do not have the required permissions to view the files attached to this post.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

Post Reply