Sherriffs Office Bailiffs

daddy0

Hi, we are in a bit of a pickle and was wondering how we stand. Many years ago we rented a property, the owners wanted the property back so evicted us. To cut a long story short we then ended up owing rent, they took us to court and the court ordered us to pay £85 per month to clear the debt. We then fell on hard times and stopped paying. We then recieved a warrant of execution and a court bailiff came round, realised we had no means of paying, all this was over 6 years ago, we have had no contact with the people we owe the money to for over 6 years. Two days ago we got a notice from the Sherriffs Office in Croydon, saying we have to pay up or they will sieze goods. Our question is, is this debt Statute Barred? As we have had no contact for over 6 years, and if so will the Sherriffs Office abide by this?
Thanks

sourcrates

Assuming a CCJ was granted first time round, then they don't become SB unfortunately, however, if the creditor has not acted upon that CCJ for 6 years or more, they would need to go back to court in order to enforce it, and the court would want to know why they had not enforced it earlier, its is rare for a court to re-issue a CCJ after 6 years have elapsed.

mattyprice4004

At the end of the day you owed them rent, don't you feel a moral obligation to pay back the money a house you lived in?
If you can afford it, I'd pay them back. You had the use of the property, so it's only fair.

thewhiteavenger

TSO are High Court Enforcement Officers. The ones on that awful BBC [STRIKE]advert [/STRIKE]programme about them.

That doesn't necessarily mean they are acting as High Court Enforcement Officers as they also do standard debt collection. So check your paperwork from them carefully. If they are HCEOs then the court has already approved this and you need to make payment or face goods being 'taken control of' - you will also be liable for their fees.

High Court enforcement

Somerset

sourcrates wrote: »

, if the creditor has not acted upon that CCJ for 6 years or more, they would need to go back to court in order to enforce it

They only need to go back to court if they want the issue of a warrant. They can go for an attachment of earnings or charging order without going back to court.

patman99

At least they have given you enough notice of their arrival to be able to place anything of value elsewhere.

daddy0

Thanks for your replies, the creditor is a private individual, not a company, I dont think the writ was a ccj. If I could pay the debt off I would. I am supprised that the Sherriffs Office has taken this case on, as on their web site it states that they can only deal with writs less than 6 years old. This writ is almost 7 years old.

fatbelly

HCEOs would not normally give advance notice of a visit.

You need to get some hard facts about in what capacity TSO are acting, and what court paperwork they are relying on if they are threatening to remove goods.

poppasmurf_bewdley

daddy0 wrote: »

Thanks for your replies, the creditor is a private individual, not a company, I dont think the writ was a ccj. If I could pay the debt off I would. I am supprised that the Sherriffs Office has taken this case on, as on their web site it states that they can only deal with writs less than 6 years old. This writ is almost 7 years old.

If it wasn't a CCJ, then what else could it have been?

thewhiteavenger

fatbelly wrote: »

HCEOs would not normally give advance notice of a visit.

They have had to, since April. No longer exempt from:

Upon receipt of an instruction from the client, the Enforcement Agent must send a Notice of Enforcement giving the debtor a minimum of seven clear days notice that a visit will take place to take control of goods. Notice of enforcement must be given in writing, and must contain the following information
(a) the name and address of the debtor;
(b) the reference number or numbers;
(c) the date of notice;
(d) details of the court judgment or order or enforcement power by virtue of which the debt is enforceable against the debtor;
(e) the following information about the debt—
(i) sufficient details of the debt to enable the debtor to identify the debt correctly;
(ii) the amount of the debt including any interest due as at the date of the notice;
(iii) the amount of any enforcement costs incurred up to the date of notice; and
(iv) the possible additional costs of enforcement if the sum outstanding should remain unpaid as at the date mentioned in paragraph (h);
(f) how and between which hours and on which days payment of the sum outstanding may be made;
(g) a contact telephone number and address at which, and the days on which and the hours between which, the enforcement agent or the enforcement agent’s office may be contacted; and
(h) the date and time by which the sum outstanding must be paid to prevent goods of the debtor being taken control of and sold and the debtor incurring additional costs.

Herbie21

daddy0 wrote: »

Two days ago we got a notice from the Sherriffs Office in Croydon, saying we have to pay up or they will sieze goods. Our question is, is this debt Statute Barred? As we have had no contact for over 6 years, and if so will the Sherriffs Office abide by this?
Thanks

The 'notice' that you refer to should be a Notice of Enforcement and this provides a strict period of time in which to either pay the entire amount or outline a payment proposal (which the Sheriffs Office will then refer to the creditor). If the payment proposal is accepted the HCEO will be under a legal obligation to apply the 'Enforcement Stage 1' fee of £190 plus vat.

If the debt is statute barred this will need to be addressed separately with the court because, unless instructed by the creditor the HCEO must continue enforcing the writ. This is because the writ of control is a 'command' to the HCEO and he is legally obliged to enforce the debt.