Notice of Seizure - Wrong name.

[Telly-Tubby]

I write this thread to request advice regarding a notice of seizure of goods.

 

Yesterday, a High Court Enforcement Officer from Andrew Wilson & Co attended my parents address to recover unknown debts. When my father answered the door, the HCEO asked him for proof of identity and gave him a document from Northampton County Court Bulk Centre. This document has the correct address, but the surname is wrong. The document had my previous vehicle registration number handwritten in the corner .

 

After my father provided him with proof of identity the HCEO went away but left the document. On hearing about this I contacted the H CEO on the mobile number on the document and requested more information.

The HCEO said the debt was in relation to a traffic incident which occured during December 2011. I explained to him that my insurance company had contacted me regarding a claim made against me on my previous vehicle and they asked whether they should pay out. I told my insurance not to pay out because I did not have any traffic incident. My insurer explained that my premium would increase until the matter was resolved and that it would be reimbursed should no claim be brought. I heard nothing further about this and paid the increased premium - with the knowledge that this would be reimbursed once the matter had been resolved.

 

In October 2012, I received a confirmation letter from my insurer that the matter had been resovled and that I would be reimbursed the extra premium I had been paying. I thought nothing more of the matter. Now November, I have a HCEO calling at my parents house demanding £1670.00from a person with a similar name and my previous car details.

 

I am not very legal minded and do not know where I stand here. I ask for advice on the action I should take to finally resolve this matter and quash the debt.

[wonkeydonkey]

Before a HCEO can become involved with enforcement there has to be a ccj in place? It sounds as if the claimant has obtained a ccj against you without your knowledge...could have served the claim at the wrong address? If you check your credit file any such ccj will show on there...if you have no knowledge of this then you will need to apply for set aside of the ccj.

 

WD

[Telly-Tubby]

Thank you for the quick response. Could you tell me how I would obtain my credit file. I have no knowledge of any ccj against me. Does the HCEO have the rights to collect the unknown debt considering the name is wrong on the document which he left? Also why would I need to apply for a set aside when the details are wrong. Additionally, my insurer confirmed that a claim against me had been resolved. I think someone is trying to [problem] me.

[wonkeydonkey]

Thank you for the quick response. Could you tell me how I would obtain my credit file. you can use experian or equifax but (remember to cancel your subscription straight after) Noddle... I am given to understand is free to use...I have no knowledge of any ccj against me. Does the HCEO have the rights to collect the unknown debt considering the name is wrong on the document which he left? Also why would I need to apply for a set aside when the details are wrong. Additionally, my insurer confirmed that a claim against me had been resolved. I think someone is trying to [problem] me.

 

....a creditor when transferring a debt to the High Court for a writ of Fi'Fa' has the option to make the application themselves or appoint an HCE company to oversee the transfer. The HCE can only act on the details of a) the actual ccj and b) the details supplied by the creditor...if the details on the ccj are incorrect they are not to know that,,,,set aside is the only way forward otherwise this will remain on your credit file for all to see for the next 6 years......, you will need to challenge not only the discrepancies to the details but most importantly that you do not acknowledge the claim but emphasise the fact it was never served on you..... without any sight of it how could you be expected to respond to it or defend it?

 

Until such time as you can move forward to resolve this, the very first and vital step you need to take is apply for a stay of execution on the writ the HCEO is attempting to enforce....you need to download form N244 from HMCT'S website and make that application, this stops the HCEO from continuing to enforce the writ until such time the whole scenario has been reviewed.

 

Have your insurers said how the claim was settled/resolved?

 

WD

Edited November 8, 2012 by wonkeydonkey

[ploddertom]

How wrong is the name - for example if it is Smith instead of Smyth then that is acceptable, however if it is Brown instead of Gray then that is different.

[Telly-Tubby]

Thank you for your replies...

 

Have your insurers said how the claim was settled/resolved?

My insurer has not said anything apart from that they will be reimbursing my increased premium as the claim has been resolved.

 

 

How wrong is the name - for example if it is Smith instead of Smyth then that is acceptable, however if it is Brown instead of Gray then that is different.

The name on the document is different by the initial of my surname, eg: Jones - Bones.

 

Futhermore, what will happen should I ignore this? I have not received any creditors or court documentation, just the document left by the HCEO.

[ploddertom]

Have you checked to see if you have a CCJ yet as advised in Post 2. You may do this by checking Registry Trust http://www.trustonline.org.uk/ a small fee is payable. Noddle do it for free, Experian & Equifax will give you a months free trial but will charge after the month is up so remember to cancel.

 

As for the HCEO, he is acting on instructions and will carry on until told otherwise. As long as he is prevented from gaining access to your home or making a levy on your car he is pretty powerless. In view of the difference in your name I would think this would only be held to be a minor matter and not invalidate the actions.

[Telly-Tubby]

Have you checked to see if you have a CCJ yet as advised in Post 2.

I've not done a check as I fear it might open a can of worms.

 

As for the HCEO, he is acting on instructions and will carry on until told otherwise. As long as he is prevented from gaining access to your home or making a levy on your car he is pretty powerless.

The HCEO has my parents address but not mine, I'm not on the electoral register and I have changed my car since. So the details which the HCEO is acting upon are wrong and outdated in most instances. I fear that by acknowledging this - will be confirmation of the debt.