Notice of Enforcement - help pls

[malleum]

Hi,

I've just returned home after a trip away to find a Notice of Enforcement dated 3/9/15 with a deadline of 11/9/15.

 

The debt relates to a CCJ which was apparently issued to me on the 18th June 2014 and is for about £8700, a sum relating to rent for a premisis that was rented out by a LLP I was in until June 2014. The lease required that the holder be one of the partners and not the business as a whole.

 

Now, I was aware of the debt but unaware a CCJ had been taken out, probably because until 02 July 2014 I was resident in Scotland and not in England. I had received notice that they were pursuing me in Scotland but have not received any correspondence, to my memory, about this being transferred or brought in a County Court. In April 2014 I wrote to the creditor explaining that I was moving and giving the date of the move. I also made a repayment offer which explained that although the lease was in my name it was for rent incurred by the business and that I needed some time to collect the sum from my business partners as I was unable to afford the amount.

 

My former business partners have been remiss in honoring their obligations to share the responsibility for the non limited debts, I set up another business, sole trader in September 2014 but it is taking a very long time to get going. My only income is the tax credits I get because of this and the child tax credits. My wife works and pays the rent and bills from her account. We have no possessions of any value. My car is £500 and is essential to my business as is my computer. anything of value I possessed was sold to prop up the partnership.

 

So, I'm fully expecting the Bailiffs to turn up and do what they do at any time, I would pay the sum if i had the cash, I could recover it from my former partners but don;t have the funds to pursue them. I would declare myself bankrupt but don't have the money.

 

I'm at a loss what to do.

 

I don't ever play this card but I am effectively disabled, I have a chronic health condition that impacts my ability to work and means it is taking me a lot longer to get my business off the ground as it impacts how much time I can spend working. I never make this an issue because its giving up but I know that had I been fully fit I wouldn't be in this situation as I would have earned the money to repay the debt by now.

 

shall I write to the creditor and explain this? They won't get what they claim from any fire sale because there is nothing to sell. The best bet they have is to agree a realistic term of payment, this is likely to be small for the foreseeable future. Or give me the time to force the funds from the business partners.

 

any thoughts would be very welcome, am utterly depressed about the whole situation, and seriously considering an overdose I put everything into that business and all I have to show for it is ruin. Lesson - if running a small business NEVER do business with a corporate, they don't pay their bills on time and don't care about the consequences for their suppliers.

[Bailiff Advice]

There is a possibility that you could apply to set aside the Judgement. The expert on this procedure is Ploddertom and he should be online sometime later today.

 

Reading through your above post I really do think that it would be a good idea for you to email the enforcement company to outline the background to this debt but more importantly, to outline your present circumstances, your financial difficulties and most importantly, your level of vulnerability.

 

Taking the amount of the debt into consideration and the lack of available assets (and your ongoing financial problems) it is my opinion that the enforcement agent will very likely return the writ of control back to the creditor.

[malleum]

thanks BA

 

the creditor is a very wealthy land owner in the East of scotland.

I'm still at loss to understand why I have a CCJ dated when I was resident in Scotland.

 

 

Looking back through my files, it appears that I was contacted in mid May 2014 by the assistant factor at the estate when I informed him of my new address, when I would be moving and that we would honour the debt but required a realistic time to pay.

 

 

It appears, given the time line, that this information was handed to their solicitors without a by your leave with instructions to collect.

 

I will, however,take th your advice contact the Bailiffs about this and see what happens.

 

I've written to them explaining the situation and our current poverty. I have also stressed that I have explained this to their client on numerous occasions as well as stressing that I intend to honour the debt but need more time to generate the income necessary.

 

(incidentally, the client, an aristocratic land owner which owns great swathes of Scotland and the north of England, appear to confirm many prejudices about the aristocracy as they don;t seem to believe that people own nothing.)

 

Lets hope the bailiff, talks some sense to them, advises them to back off and wait until I can pay. Its the only way they will realistically get their money back.

[ploddertom]

A few questions first just to get my head round a few things.

 

Where was the CCJ taken out - England or Scotland?

Where do you now live - England or Scotland?

Was your LLP drawn up outlining the obligations of each partner?

How many names were signatories to the debt?

Who is chasing for the debt now - County Court Bailiff, HCEO or Sheriff at Arms?

 

Going on to the Notice of Enforcement:

Is 3 September the date it was written?

When did you receive it?

How was it delivered - by hand, Royal Mail or 3rd party Mail provider?

Is there a date on the envelope?

Who sent it?

[malleum]

A few questions first just to get my head round a few things.

 

Where was the CCJ taken out - England or Scotland?

- I don't know - I have no paperwork relating to a CCJ.

I did get a summons in April for a Scottish court date,

I wrote to the creditor and didn't hear anything subsequently)

 

Where do you now live - England or Scotland?

I was resident in Scotland until 2nd July 2014 since then I have been living in England

Was your LLP drawn up outlining the obligations of each partner? yes

How many names were signatories to the debt? just mine

Who is chasing for the debt now -County Court Bailiff, HCEO or Sheriff at Arms? HCEO being enforced by Shergroup

 

 

Going on to the Notice of Enforcement:

Is 3 September the date it was written? Yes

When did you receive it? I've only just opened it today, I have been away for the last 10 days

How was it delivered - by hand, Royal Mail or 3rd party Mail provider? Royal Mail

Is there a date on the envelope? 3/9

Who sent it? Sherforce

 

At the time I was quite clear about where we lived and I informed the creditors where we were moving and when.

I've not seen any paperwork at our new address (the one on the notice) concerning a CCJ

[ploddertom]

I assume at present that Shergroup have not attended - possibly because their Notice of Enforcement is clearly non compliant. If written & posted the same day then the chances are it was delivered on 5/9 - the first of the 7 clear days starts on 7/9 and the 7th day would be 14/9 meaning they should have given you until 15/9 to contact them to pay or make an arrangement.

 

My understanding of your partnership is that none of the other partners can be held responsible for any other partner may do, which may explain why the others are reluctant to get involved & it could well be that you are solely responsible for the debt having signed the documentation.

[ploddertom]

Shergroup are not the force they thought they used to be having now only a handful of people working for them. It would not surprise me that the NoE they have sent is one cobbled together by whoever is supposedly going to visit you. I suspect the original Decree will have been made in Scotland and transferred to England for Enforcement. Have a read of https://www.scotcourts.gov.uk/taking-action/frequently-asked-questions/general-faqs/serving-or-enforcing-a-court-order . Fortunately both CCJs & Decrees are both held by Registry Trust & it will be worth searching their site to see if there is something against you - small payment required http://www.trustonline.org.uk/

[HCEOs]

The NoE is not valid as it does not give you 7 clear days.