Can a writ be enforced at a wrong address. The writ enforced on us had the wrong address on, didn't realise it at the time as we were totally shocked at the situation being that the first time we knew anything about the issue was when they demanded and we handed over the money as we were terrified. Which I now know they were meant to give us notice of this which they never!!!! We have cctv of them outside our house, then driving off never came near house with the writ as they said... so corrupt as that bumped there fees up by over £1000... crazy
Anyway, were they allowed to enforce it with wrong address or were they suppose to go back and get a new writ with real address on??
Many thanks
Writ with wrong address??
- Schedule 12
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Re: Writ with wrong address??
The law says the writ may only be enforced where the debtor usually lives or carries on a business.
If the address on the writ is wrong, then enforcement would fail because its evidence the bailiff has not given notice. Giving notice is a statutory requirement before a bailiff attends to take control of goods - a first enforcement stage.
If the address on the writ is wrong, then enforcement would fail because its evidence the bailiff has not given notice. Giving notice is a statutory requirement before a bailiff attends to take control of goods - a first enforcement stage.
I am a paralegal working for solicitors bringing proceedings against bailiffs for non-compliant enforcement action.
Author: dealingwithbailiffs.co.uk
Phone consultation with me
Enforcement compliance Checklist
Author: dealingwithbailiffs.co.uk
Phone consultation with me
Enforcement compliance Checklist
Re: Writ with wrong address??
Thanks for reply.
I wish I had this knowledge back then. Is there anything I can do about that? we had zero notice, it was a disgrace the way we were treated and scaremongered. Handed over £5000 and no warning, how is a normal person meant to know their rights in that hour they give u, threats to put lean on house and take our cars, that's why we handed it over, terrified, it's just awful.
I wish I had this knowledge back then. Is there anything I can do about that? we had zero notice, it was a disgrace the way we were treated and scaremongered. Handed over £5000 and no warning, how is a normal person meant to know their rights in that hour they give u, threats to put lean on house and take our cars, that's why we handed it over, terrified, it's just awful.
- Schedule 12
- Posts: 13502
- Joined: 30 Jul 2012 21:23
- Location: Philippines
- Contact:
Re: Writ with wrong address??
You have plenty of redress. But you would have to do it through the courts.
I am a paralegal working for solicitors bringing proceedings against bailiffs for non-compliant enforcement action.
Author: dealingwithbailiffs.co.uk
Phone consultation with me
Enforcement compliance Checklist
Author: dealingwithbailiffs.co.uk
Phone consultation with me
Enforcement compliance Checklist
Re: Writ with wrong address??
Yeah I intend to address the entirety when I go to court.