Received Notice of Enforcement from unaware CCJ dating back 3 years - Please Help - In Panic Mode!

PanicMode

Hi All,


Sorry to post such a lengthy question, We have never experienced anything like this so we are in panic mode at the moment.


[FONT=&quot]Me and My wife moved into a rental property back in 2015, during our tenancy we made regular rental payments to the property manager apart from the last 2 months while we moved out and told the property manager to keep the deposit, There was valid reasons for this (Cut long story short: The house had severe damp problems and rain water poured in through broken gutters where we had to use a bucket to catch the rain!! We asked them to fix it multiple times but got fobbed off from day one) So we moved out and That was the last we heard of it. [/FONT]





[FONT=&quot]First Part: Today we visited family and as told that they have received a letter in our name, We opened the letter to find a Notice of Enforcement (This looks unprofessional and looks like it has been made on MS Word - With no official stamps or letter headed paper).[/FONT]
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[FONT=&quot]The Notice of Enforcement stats it is related to our old property manager, and gives his name and amount owed but no address.[/FONT]

[FONT=&quot]The amount owed is apparently £8,000 - I don't understand how someone could come up with such figure, But i will continue on..[/FONT]


[FONT=&quot]The letter stats the following:-[/FONT]

[FONT=&quot]HIGH COURT WRIT OF CONTROL ISSUED IN THE (AND HAS THE NAME OF DISTRICT REGISTRY HERE)[/FONT]

[FONT=&quot]HIGH COURT NO: XXXXXX[/FONT]
[FONT=&quot]ON TRANSFER FROM COUNTY COURT[/FONT]
[FONT=&quot]COUNTY COURT NO (SAME AS THE HIGH COURT NO)[/FONT]

[FONT=&quot]It says we have 14 days to pay the amount owed otherwise they will enter our property and take goods.[/FONT]
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Second Part:


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[FONT=&quot]When i returned home this evening, I created online accounts to mine and my wife's credit files, One of us has a CCJ showing for what i assume is this matter but the Notice of Enforcement is addressed to both of us?[/FONT]
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[FONT=&quot]However, we have at no point ever been made aware of such CCJ, We have never had any problems renting properties and both have credit cards and bank accounts, Although since 2015 i can not recall applying for any major credit as we both have good paid jobs.[/FONT]

[FONT=&quot]My fear now is that they could enter the property and remove goods within 14 days but my argument is that we have never been given the opportunity to present our side of the story, We are not aware of the address the property manager sent the original CCJ paper work too but i know what he is like and he has a reputation for miss representing the truth (lying) so i assume he has provided a false address knowing we would not receive the letter thus not be able to represent ourselves. [/FONT]

[FONT=&quot]I Must also add that the CCJ is for half the amount on the Notice of Enforcement (But even that amount still greatly exceeds the original 2 months rent especially when you deduct the deposit which as the equivalent of 1 months rent)[/FONT]

[FONT=&quot]Me and my wife are no in panic mode, We have no idea what to do but thought it would be a good idea to pay solictors – I plan to contact one tomorrow if anyone could recommend a good solictior.[/FONT]


[FONT=&quot]The final question:- [/FONT]

[FONT=&quot]Where do we stand? If this Notice of Enforcement is official and really is a high court writ, How can we be given 14 days notice when we have not been given chance to represent ourselves for something that dates back 3 years ago and is almost 10x the amount that they could truthfully as for - plus this is double the CCJ..[/FONT]
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[FONT=&quot]Any advice would be greatly appreciated, We are very worried and never dealt with enforcement agents or CCJ's before.[/FONT]
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[FONT=&quot]Thank you.
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sourcrates

Hi,

Which address are they trying to enforce this judgement at, your current address or your old one ?

Bayliffs cannot enter private property without consent, or unless you leave a door unlocked, that’s called peaceful entry.

Usually this has occurred because all court papers have gone to an old address so the creditors get judgement in default.

Best advice is don’t allow them entry, and keep your car away from your property out of sight of the bayliffs.

PanicMode

sourcrates, thank you for taking the time to provide advice. The address they sent the letter to is a family members address and not ours.



That being said when i got home and checked our credit files the CCJ was still able to be applied we just don't know how or why we was not given notice because the property manager has always had the subject family members address so why all of a sudden now after 3 years is beyond me.


Is there anything we can do within the 14 days so we can be given a chance to represent ourselves, It is not very fair that we get given 14 days to pay a bill that is ridiculously higher than what they could possibly claim.


Would phoning the county court help if this has been passed to a high court writ? Our argument is we as not given chance at the first stage let alone any further stages and now a sudden notice of 14 days for a substantial incorrect amount does not seem valid?




PS: We live 2 streets away from the family member.

sourcrates

In the absence of good legal advice, as a layman, all I can tell you is you may have a chance of getting this judgement set aside.

Do some research, info on set aside here :

https://www.gov.uk/county-court-judgments-ccj-for-debt/if-you-dont-owe-the-money

You may be able to stop the bailiff from visiting, by filling in the N245 application form.
You really need legal advice on this, try legal beagles (Google is your friend here).

Good luck.

PanicMode

Thank you sourcrates - The advice is very much appreciated. I plan to phone the court in the morning and also speak with legal advisors asap -- It really has ruined our weekend, its surprising how much stress a letter can bring.