Sheriffs Office and Denial of access Notice

by tapman1 Wed Jul 12, 2017 12:06 am

CCJ issued against me.

When court claim forms came sent back reply stating all docs requested from DCA have not been given.
Court issued CCJ in default

Amount is 110K - I am a homeowner (mortgaged)

Next move from DCA is get a high court writ and send in the HCEO from for the sheriffs office.

Can I use the Denial of access Notice against the sheriffs office? will this also include my car which is on my drive?

Thanks

by **daveiron** Wed Jul 12, 2017 8:55 am

The best advice i can give on this one is to go to the Nottingham meet this saturday, Troy is doing a workshop on mortgages .It will no doubt be very good info.

Details in Events section.

take care dave.

by tapman1 Wed Jul 12, 2017 8:18 pm

Hi,

Thanks for reply.

I wish I could make it. I am working this Saturday and cannot get out of it.

Can anyone tell me if I put a Denial of Access Notice on my house window/door will this stop the HCEO from the Sheriffs office ? and will this also stop them from taking my car from my drive?

Is there another workshop on mortgages I can attend or is there any resource I can look at or read.

Thanks

by **daveiron** Wed Jul 12, 2017 9:21 pm

Hi tapman,

The problem is you are talking about a large amount .By all means try the WOIRA notice but they may well ignore it on such a large amount. Are they looking at eviction?.
Hide the car. If at this stage they are only looking at taking goods ,produce the dated receipt that shows you sold the entire contents from your address to a family member (£ 100 ) was it ?. of course you did this long before you were informed of bailiff action as the date on the receipt will show. They cannot take what is not yours.The DATED receipt is important.

You may well get other advice overnight .

by Jinxer Wed Jul 12, 2017 10:18 pm

What was the reason why you didn't turn up to the hearing, you have just played right into there hands by not attending. For that amount of money they will try to bankrupt you.
Could you not apply to get the judgement set aside, you will need to give a good reason why you didn't show for the first hearing though.
As for bailiffs they will ignore a WOIRA notice and yes they will take your car from off your drive, but couldn't take it from your next door neighbours drive. For 110k they will pull out all the stops to get you, just think of the commission on that amount.

by tapman1 Wed Jul 12, 2017 11:41 pm

Hi,
Thanks for the reply.

I have not heard from the DCA who got a CCJ against me.

We sent the court claim form back stating we have asked for full disclosure and this has not been provided.
Two weeks later we got a letter saying the CCJ was made in default.
Wrote back to the court asking them why was CCJ made against me have not heard back from the court. CCJ has been registered against me

Background to this is this was a BTL purchased in 2007, via a property investment company, who take care of the purchase that includes the mortgage application, the solicitors conveyancing and the management of the property. After 8 months the company disappeared, the rent stopped coming in, after doing further checks with a new solicitor it comes to light that the property was over priced, the solicitor did not bring to light the property was a back to back sale purchased and sold by the by the seller on the same day increasing the price by 70K. The solicitor was working for both the seller and me. The property valuation was a lenders valuation, this was also over valued by 70K, the valuation report shows errors, i.e. the comparables, are not like for like, the addresses are incorrect. All these were pointed out to the DCA, but the DCA does not want to know these facts. Done a DSAR request to the original lender and this shows a retrospective survey done after repossession showed that a retrospective survey showed that this property was over valued by the lenders surveyor.
This debt was sold from the original Lender to a debt collector who sold it on to this current debt collector.

by Jinxer Thu Jul 13, 2017 12:14 am

I think you need to try and get this set aside and then you can defend against it. The court won't look at letters they will only look at the relevant forms, this is where tiggy was an expert. I think you have to fill in and send off form N244 which costs £255 or free if on low income.

by **daveiron** Thu Jul 13, 2017 9:16 am

Sorry buddy, but you do seem to have brought a lot of this upon yourself by trusting everyone involved and letting them get on with it.
You say it was over valued by 70K. This was a business venture ,did you not check for yourself the value of the property ? Also by not going to court you have now made it a lot harder .Take Jinxers advice regarding set aside ,as i see it that is your only option to stall the process.
Regarding Troys workshop on Saturday ,I am sure if anyone can help you it will be Troy
You really need to ask yourself is working on Saturday more important than a 110K debt ?

I realise it sounds harsh but you are at the point where you have to fight hard or loose ,there is not a simple template letter that is going to fix this.

by tapman1 Thu Jul 13, 2017 6:40 pm

Thanks for the reply daveiron.
The lenders survey - why did they show me this. If your lender shows you a valuation would you not think this is a true valuation, why would you think it is not?
The surveyor is a professional whose reports should be accurate give or take 5%, not by 30%.
The solicitor had a duty to both myself and the lender.
I thought these people are the ones we can put our trust in as I did. Is there no accountability from these people.

Is there anyway to contact Troy ?

Thanks

by **assassin** Fri Jul 14, 2017 2:02 am

If the solicitors were working for both sides they are acting illegally, get the evidence and formulate a much parger claim against the solicitors for fraud.

by tapman1 Fri Jul 14, 2017 10:19 pm

Thanks for the reply.
Tried to sue the solicitors, but their indemnifying insurers will do not cover solicitors who intentionally act fraudulently. The solicitors were struck off for other fraudulent activities.

Will do a sicky at work tomorrow and attend Troy's Mortgage workshop.

by Bangzy1 Sun Jul 16, 2017 3:42 pm

I had a letter from court and I did not open it until late but only to realise that it was a form and now it pass the 14 days and 28 days can I still deffand it or is to late to do anything, ,

I have already send them the 3 letters from get out of debtfree .org It a bet different from this one ,, I have created an agreement with them . I have a counter claim against them how do I go about it ?
And how do upload documents for othersale to see if it can be helped !. It a credit card debt sold to Cabot financial UK solincitor mortimer Clarke

by Ausk Thu Jul 20, 2017 11:07 am

Bangzy1 wrote:I had a letter from court and I did not open it until late but only to realise that it was a form and now it pass the 14 days and 28 days can I still deffand it or is to late to do anything, ,

I have already send them the 3 letters from get out of debtfree .org It a bet different from this one ,, I have created an agreement with them . I have a counter claim against them how do I go about it ?
And how do upload documents for othersale to see if it can be helped !. It a credit card debt sold to Cabot financial UK solincitor mortimer Clarke

Hope this is not too late but get into the court urgently and find out what the story is with the application by the creditor or DC? Try to make an urgent application for a stay of execution and time for you to review documents received and put together your defense as is required by the relevant procedure.

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