County Court guy and access to property?

[patchouli]

Our Landlord has debts, usually I tell the DCA's at the door that I'm not anything to do with the D*****'s and to contact the letting agency if they want more info.

Well today a cocky chap from the County Court came and I said I wasn't D****** and that they owned the property but I rented it. Pretty sure his badge said Marston.
"What's your surnam?" he asked....
"That's none of your concern, the people you need to speak to are [letting agency] and they will furnish you with information regarding the D***'s"
"I need your surname"
"No you don't I have nothing to do with D****'s debt, like I said, ask [letting agent] about Mr D****"
"We have access to the property still though"
"No you don't, there is nothing of Mr D****'s in here if you enter then you are trespassing"
"ha ha ha, yeah well, that's not how it works, we have access"
"No you don't it's MY home, his building!"
"That's not the way it works, are you refusing to give me your surname?"
"You don't NEED my surname, I have nothing to do with Mr D*****, goodbye"

and I closed the door slowly while smiling.

Well? If my landlord continues to play silly buggers does the County Court indeed have access to the property? Will they take my stuff?

I've called the letting agent and urged them to get the Landlords to sort the balif or whatever it was out as they MUST know they are after them as all the letters I have forwarded so far this year have been from the county court!!!



Oh and hello by the way!! Sorry I've been so quiet, selling my business, lots of events on and family over from Europe and I am chasing my ass around like a nutter... must update my debt thread too as a few letters have arrived.

[PlanB]

Re: County Court guy and access to property?

Good grief, what a shocking incident.

I'll call for back-up since I know nothing about bailiff's rights. You certainly don't want a repeat performance of that.

Maybe he was so persistent about wanting your name and phone number to ask you on a date

[patchouli]

Re: County Court guy and access to property?

LMAO Plan B!!! Silly goose...

[CleverClogs (RIP)]

Re: County Court guy and access to property?

Our Landlord has debts, usually I tell the DCAs at the door that I'm not anything to do with the Duckheads and to contact the letting agency if they want more info.

Well today a cocky chap from the County Court came and I said I wasn't Dolally Donald Duckhead and that they owned the property but I rented it. Pretty sure his badge said Marston.

That's more than likely just the firm of gobshites "enforcement agents" for whom he "works". Did the oaf leave any paperwork or documents behind?

"We have access to the property still though"
"No you don't, there is nothing of Mr D****'s in here if you enter then you are trespassing"
"ha ha ha, yeah well, that's not how it works, we have access"
"No you don't it's MY home, his building!"
"That's not the way it works, are you refusing to give me your surname?"
"You don't NEED my surname, I have nothing to do with Mr D*****, goodbye"

and I closed the door slowly while smiling.

Well? If my landlord continues to play silly buggers does the County Court indeed have access to the property?

Not then, or the clod would have pushed past you and forcibly entered.

He may now apply to the County Court for permission to enter forcibly, telling such untruths as he feels are necessary to achieve that.

Will they take my stuff?

They may try to take your goods - or to take control of your goods, under a walking possession agreement - and to add the hugely inflated fee to the judgement debt, but they know damn well that they should not do that if presented with evidence that the goods do not belong to the debtor. There is a procedure laid down whereby a third party may recover goods seized in error but, as it is cumbersome, time-consuming and expensive, it would be better to avoid it if at all possible.

Get a Statutory Declaration made out, to the effect that all the monies, goods and chattels in your residence or to be found outside, together with [specified motor vehicles] are your sole property and that the judgement debtor owns none of the goods and chattels to be found in or around your residence. Take it to a Commissioner for Oaths - most practising solicitors will do this - and get it sworn as being true. Get several copies, each bearing the solicitor's stamp or seal; send one to Marstons and another to the County Court, who may be interested to learn how the "enforcement agent" not only failed to identify himself clearly, but also grossly misrepresented his lawful powers.

Keep several copies to hand for when the legalised bully next shows up - one to hand to him, preferably laminated in plastic so he cannot just rip it up - another to display in the front window and a third to hand to the attending woodentop after you 'phoned the cops to tell them that the berk is trying to steal your goods.

I've called the letting agent and urged them to get the Landlords to sort the bailiff or whatever it was out as they MUST know they are after them as all the letters I have forwarded so far this year have been from the county court!!!

It is a pity that you do not know to whom the money is owed, as the creditor would have done better by obtaining a Third Party Debt Order to serve on the letting agent.

I am chasing my ass around like a nutter..

Why did you allow your donkey to escape?

[PlanB]

Re: County Court guy and access to property?

Get a Statutory Declaration made out, to the effect that all the monies, goods and chattels in your residence or to be found outside, together with [specified motor vehicles] are your sole property and that the judgement debtor owns none of the goods and chattels to be found in or around your residence. Take it to a Commissioner for Oaths - most practising solicitors will do this - and get it sworn as being true. Get several copies, each bearing the solicitor's stamp or seal; send one to Marstons and another to the County Court, who may be interested to learn how the "enforcement agent" not only failed to identify himself clearly, but also grossly misrepresented his lawful powers.

Keep several copies to hand for when the legalised bully next shows up - one to hand to him, preferably laminated in plastic so he cannot just rip it up - another to display in the front window and a third to hand to the attending woodentop after you 'phoned the cops to tell them that the berk is trying to steal your goods.

Patch a Statutory Declaration only costs a fiver to execute and at some point further down the line you can claim this cost from your Landlord.

http://www.findlaw.co.uk/law/governm...cs/500499.html

[patchouli]

Re: County Court guy and access to property?

Just called the letting agency again and the woman said she had emailed the Landlord but had no reply yet. So I asked that she email him again and confirm that he is contacting Marstons.

The fine was for not declaring his car had been sold to the DVLA... ffs it could have only have been a few hundred! If he doesn't have that then what other debts is he in.

bah..

thank you for your advice people.. will wait and see what letting agency say before I pay out for SD... :-)

[CleverClogs (RIP)]

Re: County Court guy and access to property?

The fine was for not declaring his car had been sold to the DVLA..

That's certainly different - I didn't know that the DVLA ever bought motor cars.

Seriously though, the rules on enforcement of fines are somewhat different from those for collection of mere CCJs.

thank you for your advice people.. will wait and see what letting agency say before I pay out for SD... :-)

Did the landlord reside at your address?

Would it have been his residence at the time he was the registered keeper of the jalopy he sold, or had he moved before then?

Needless to say, he should have notified the DVLA of his change of address.

Do you have any idea where the bugger now lives?