urgent help needed sheriffs calling tomorrow

[William Scott]

Took business lease 09/98 in personal name. Became ltd co in 2000 but did not transfer lease. Co closed 04/10 Son & Daughter started new co in same premises. I was not a director or employee, helped in advisory capacity. Co struggeled and could pay me rent, I was not earing so could not pay landlord for end of '10 and this year. Landord to me to court for possession order in June (not contested) and moved out 31/7/11 as requested.
Received letter dated 03/08/11 (incorrectly addressed)and Order for Possession from landlord. I replied 08/08/11 stating could not pay in full, have other debts and enclosed repayment schedule with advice from debt advisor.
Last Wednesday 2 sheriffs gained access to my house without permission and logged items to be removed. Gave me to Monday 5/9 to reach agreement. I emailed them and landlord solicitor again stating my desire and commitment to pay and my financial position.
I have not received an original claim for notice of judgement. I have acknowledged the debt and want to repay it but will not be able to if my possessions are taken
Please advice

[MrsD]

Re: urgent help needed sheriffs calling tomorrow

OK SOs have more or less the same powers as English bailiffs

I am presuming the premises are seperate from your house but you rented the business premeises from the landlord?

When you received the original summons what did you do?
You would have had to let the court know whether you wanted to defend or ask for time to pay? If you didn't do this, then a judgement could have been handed down in your absence and you should have had this from the court.
If you ignored this, then they could have asked the SOs to collect.
We need a wee bit more info here, is it rent that is outstanding?
Did the landlord know that you were subletting the property?
Did you have a formal arrangement with your son and daughter re the rent?

[MrsD]

Re: urgent help needed sheriffs calling tomorrow

Can I also say it is very very unusual for an actual removal of goods take place? The Scottish government actual banned poindings in the early 2000s. They have to keep going back to the court to get a warrant for each further action, I'd be amazed that the court wouldn't tell you about these, they must keep you uptodate. Are they communicating at the right address? How did the SOs get in, they aren't allowed to break in but can walk in open doors or windows.

[William Scott]

Re: urgent help needed sheriffs calling tomorrow

business premises rented (separate landlord to house)
behind with rent so landlord took me to court for posession (not contested)
As for going to court for money owed had no commincation
Re subletting landlord knew but no formal arrangement and no formal arrangement with son for rent
Both the properties in Oxfordshire
There were 2 SOs I was talking to one, the front door was closed but not locked and the second man pushed the door open and walked in

[MrsD]

Re: urgent help needed sheriffs calling tomorrow

which he was quite lawfully allowed to do.
this gets more complicated by the minute, are you still in Oxfordshire?

so are you saying you've had no communication from the court?
why is it a Scottish court if the properties were in Oxfordshire?

[William Scott]

Re: urgent help needed sheriffs calling tomorrow

Didn't say it was a Scottish court
Yes I am in Oxfordshire

[MrsD]

Re: urgent help needed sheriffs calling tomorrow

Sheriff Officers only work in Scotland, was it bailiffs or DCA doorstep collectors?

[William Scott]

Re: urgent help needed sheriffs calling tomorrow

sorry forgot to say no communication from the court

[Never-In-Doubt]

Re: urgent help needed sheriffs calling tomorrow

I'm not sure on this to be honest! Me being me, well I'll just spit it out - I don't think you're being entirely honest with us here, something does not add up.

Let me explain...

1. A Scottish Court has no jurisdiction in England, by that I mean you're saying the property is in Oxford thus you'd have nothing to do with an SO - instead you'd be meeting an English bailiff.

2. Debt Collection has to be carried out according to Scottish Law if you live in Scotland and English Law if you live in England.

3. How did they "break in" exactly? Was it through an open window or door or did they cause criminal damage?

4. Ok, back to the debt - the CCJ that you got, cos no bailiff or SO can come and do what you say without first obtaining judgment - not least a CCJ, was this in England (CCJ) or Scotland (Decree)? Also, when you were served the papers, were you served a section 21 Notice (England) or a Notice to Quit/Section 33 Notice (Scotland)?

The above are initial thoughts, but I do think you need to come back and give more details as you're mixing Scottish and English laws together - either this was all done in Scotland or England - or you're confusing the term Enforcement Officer with the Sherrifs Court? (Welcome to the home of the High Court Enforcement Officers' Association's Website - HCEOA) I dunno but one things for sure, you need to provide more details please.....

Read this - it'll help answer some burning questions that you no doubt have!

Answering your door to find a bailiff stood on your doorstep can be a distressing and frightening experience, particularly since few people know what powers bailiffs actually have to enter your home and seize your belongings.

And this is of course something that unscrupulous bailiffs will use to their advantage.

A bailiff is simply someone employed by a creditor to collect debts owed to them and who may seize your goods as a form of payment.

A bailiff has certain powers that he or she can use when collecting a debt or seizing goods, but will normally require the permission of a court to exercise them.

In England and Wales, a Magistrates Court will grant permission for the use of bailiffs for debts such as Council Tax or fines whereas the County or Civil Court will issue warrants in relation to unsecured, consumer debts.

The first thing to note is that a bailiff cannot force his way into your home.

He or she cannot break down your door or even push past you if you open the door. And a bailiff can not leave his or her foot in the door to prevent you from closing it. All are examples of "forced entry" and would render the whole process illegal.

The exceptions to this are when bailiffs are trying to recover money you owe to HM Revenue & Customs or are trying to recover unpaid Magistrates' Court fines. In the latter case, bailiffs have the power to force entry. In the former case, bailiffs are allowed to break into your home providing they have a magistrates' warrant to do so.

If you are behind with your rent or mortgage payments, your landlord or mortgage lender may get a County Court possession order to evict you. In this situation, the bailiffs are also allowed to break into your home.

In all other instances a bailiff cannot force his or her way into your home.

You are therefore within your rights to refuse to let a bailiff into your home. Do this politely, but firmly.

You do not even have to open the door to a bailiff and if there are no other witnesses present it is often a good idea to communicate with them through the letterbox or an upstairs window.

A bailiff has the right to come into your home through a door if it is open or unlocked. A bailiff can also come into your home through an open window, but not through one that is closed (whether locked or not).

It is therefore a good idea to ensure that all external doors are kept locked and all windows kept closed should you be expecting a visit from a bailiff.

A bailiff can also gain entry to your home if you allow them to enter. Tricks of the trade to gain entry include asking to use your phone to check information or to use your toilet. They may also ask to talk in private rather than in public.

If you refuse entry to a bailiff bear in mind that they are likely to return and the fees and expenses for each extra visit will be added to the debt you owe.

This though should not be a reason for allowing a bailiff to enter your home if you do not want him or her to enter. Instead, you can offer to pay part or all of the debt there and then. If the bailiff accepts your offer, ask them to return to their car and go out and pay them. Always get a receipt for any payments you make.

If a bailiff has never gained access to your home and will not accept any offer you make with regards to payment, all they can do is attempt to gain entry at a later date and eventually report back to the creditor.

Once a bailiff has gained legal entry to your home, he or she has the right to return and can use force to gain entry on any subsequent visit. Hence the importance of refusing to allow a bailiff to enter your home on their first visit.

If you refuse entry to a bailiff you will not face any punishment and certainly not imprisonment.

In the UK, we no longer send people to jail for non-payment of debts except in cases of fraud or where you wilfully choose not to pay rather than cannot pay certain types of debt such as Court fines, Council Tax or maintenance for your spouse or children.

The police may accompany a bailiff on a visit, but they will only do so to prevent a breach of the peace. It doesn't mean that you have to allow the bailiff into your home.

[William Scott]

Re: urgent help needed sheriffs calling tomorrow

Hi everybody, thank you for your help so far.
It is The Sheriffs Office Authorised High Court Enforcement Officers and Bailiffs, Airport House, Purley way, Croyden, Surrey.

Can they force entry? Foolishly I signed a document listing a number of household items when I was under pressure.
They are due to return tomorrow unless I reach agreement withn the Landlord. I submitted offer Thursday evening.

[Never-In-Doubt]

Re: urgent help needed sheriffs calling tomorrow

Hi everybody, thank you for your help so far.
It is The Sheriffs Office Authorised High Court Enforcement Officers and Bailiffs, Airport House, Purley way, Croyden, Surrey.

ie those in the link I posted above! ---> Welcome to the home of the High Court Enforcement Officers' Association's Website - HCEOA

Why the secrecy?

[Never-In-Doubt]

Re: urgent help needed sheriffs calling tomorrow

Read this! ---> High Court Enforcement Officer or County Court Bailiff? | Articles | The Sheriffs Office – High Court Enforcement Officers, Certificated Bailiffs, civil enforcement and Debt Collection Agency

[Never-In-Doubt]

Re: urgent help needed sheriffs calling tomorrow

It is The Sheriffs Office Authorised High Court Enforcement Officers and Bailiffs, Airport House, Purley way, Croyden, Surrey.

Can they force entry?

See quote below and note red parts!

In summary

• HCEOs normally have far higher collection rates due to the financial incentive of fees only being paid on success
• Only HCEOs have the element of surprise, as they do not need to give a letter warning of an intended visit
• Only HCEOs can force entry to commercial premises and buildings detached from residential living quarters
• Only County Court Bailiffs can enforce on judgments below £600 (at present)
• The process of gaining a Warrant of Execution (CCB) is normally a little faster than that of transferring up and gaining a Writ of Execution /Fi Fa (HCEO)
• A Warrant of Execution (CCB) costs £100
• A Writ of Execution/Fi Fa (HCEO) costs £60
• There is a £60 plus VAT abortive fee if enforcement is unsuccessful (HCEO)
• The judgment debt, interest, court fees and enforcement costs are collected from the debtor through either route

[Never-In-Doubt]

Re: urgent help needed sheriffs calling tomorrow

Last Wednesday 2 sheriffs gained access to my house without permission

The confusion was caused when you wrote this, in your opening post!

They were NOT sheriffs, rather High Court Enforcement Officers, now you've explained yourself a bit more we're probably able to help you more - so what they've done so far is legal - you agree that now? based on it being commercial property and the fact they are HCEOs?

So, back to my last post - were you served the appropriate section 21 notice?

[William Scott]

Re: urgent help needed sheriffs calling tomorrow

It is not a commercial property I am in now it my home which I rent and no I have not been given a section 21 notice.

Once again thanks for your help