Urgent advice needed about Invalid Enforcement Case

[Deb0204]

I had a visit at my sons business (I'm his Trustee til he's 21) from two bully boys from HCW Ltd 27th April. They demanded payment in full of a sum £2100 over what's owed on the original CCJ. They would not explain the breakdown of the amount or discuss a payment plan they wanted all or nothing. They closed my business and changed the locks seizing customers, my sons and my personal property and vehicles and locking them inside the building.

I was later made aware that the enforcement was probably invalid as they did not produce a Writ or warrant to enter the premises and still haven't despite numerous requests both written and on the phone (I recorded calls). I have been told that they have now produced one to the Court but still not to me.

I've completed an N244 and N245 and managed to get a Stay of Enforcement Order issued on 3rd May. HCW gave my keys back, via a locksmith, on 4th. HCW have said I can continue to trade but not remove anything from the building. Brief hearing Tuesday adjourned for my witness statement, personal and business financial information. They sent a barrister from London (said they couldn't get anyone else) and have asked the Court for me to pay her fees for 7hrs!!! This is going to be dealt with at the next hearing Friday. Judge was very helpful and strongly suggested I speak to a solicitor as soon as possible.

I have to produce a Witness Statement and get it to the Claimants and the Court by 4pm on Tuesday ready for a hearing on Friday. I can't get any solicitors in a 20 mile radius to give me an appointment before this deadline and I've spoken to my insurance legal helpline and they can't get it looked at for two weeks!!!

I have loads of evidence regarding my dealings on the day and since with this company but I don't know if I should include it all or how to structure the document or how to ask the Court to dismiss enforcement fees due to no Writ, claim damages for loss of earnings, loss of reputation etc.

Can anyone offer any help please as the Court staff are unable to give me 'legal advice' to prepare this document. I am at my wits end with all this and just want to get it all over and done with.

[zeke]

I don't think you can be a trustee over a beneficiary's Ltd company.

A person and an Ltd company are separate legal entities.

If bailiffs changed the locks to your commercial premises and handed you the new keys, then you must change the locks again.

The bailiff may have kept a copy of the new keys and if the premises are burgled without evidence of breaking and entering, then the police will not investigate the crime. Without a crime number, you are uninsured.

You can reclaim the costs of the replacement locks from the creditor.

You can get a witness statement made, but the court has given you an incredibly short deadline. You must ask for a stay and more time to find someone to make a witness statement.

If the debtor is an Ltd company, you cannot make an N245 application for more time. Only if the debtor is a person can do an Income and Expenditure.

[Deb0204]

Thanks for the reply. Not a LTD Co., Small garage business. Can't get more time as this has been going on since 27th May. Have prepared docs but don't know if I've covered everything. I think I'll just have to send them in and pray as less than 3 hrs to filing deadline. Fingers crossed.

[zeke]

File a draft order at court and set a repayment period over 12 months. The judge will most likely go with that, and that's the bailiffs and their fees off your back.

Any damages claim for enforcement impropriety (enforcement error) can be made later in a separate claim.

[Deb0204]

Hi, Draft Order and all paperwork sent in, just got to turn up tomorrow morning and find out what the Judge is gonna do. Fingers crossed it all goes OK. Will update once the earing is over. Thanks again for the advice.

[Deb0204]

Just got back from Court. Case adjourned due to technical difficulties with the video link between them and the court. Waiting for new date to come through.