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HIGH COURT ENFORCEMENT GROUP - nothing to do we me and my business, yet being pursued

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  • HIGH COURT ENFORCEMENT GROUP - nothing to do we me and my business, yet being pursued

    On Tuesday 2 April High Court Enforcement Group attended my premises and left a letter titled VERY URGENT and in the document referred to as Writ of Control. The defendant, a Limited company, is not me nor has anything to do with me.

    I have spoken to the enforcement agent yesterday who was very rude and threatening. I pointed out he had the defendant company name spelt wrong, as I had looked it up on Companies House to see if the company had listed my business as their address (they hadn't). The enforcement agent told me that they can do that under the slippage rule. The enforcement agent wants me to send a copy of my lease, which I will not do. He told me that the court had instructed him to attend my premises and he just does what the court tells him to do. That was a lie, as I have now spoken to the solicitors acting on behalf of the claimant, who advised High Court Enforcement Group made the link to my premises and instructed the enforcement agent to visit my premises. The solicitor has told me to email her a copy of the front cover of my lease, however, why do I have to prove my innocence instead of them prove I am connected?

    Why is the onus on me to prove I have nothing to do with this limited company detailed on the documentation, rather than the other way around?

    How can I get information on the 'link' they have made and have them remove me from their records since this is nothing to do with me? I am not part of that company, nor have I have been.

    I've attached an image of the document that was left.
    Tags: None

  • #2
    Unless you are hiding something, why would you refuse to provide the front cover of the lease?

    The reality is that legal proceedings have commenced, judgment obtained and so enforcement proceedings have been issued. The solicitor you spoke to has clearly explained to you that HCEO Group have made a connection to you as being responsible so they will act on that unless otherwise proven.

    If you don't want to prove anything then that's up to you but you won't be doing yourself any favours. Once you have sent through the necessary evidence to the solicitor you can make a request for erasure under the GDPR to say that all information must be deleted from both their files and HCEO Group's but expect some resistance on that.

    You might also be wise to put the claimant's solicitor on notice that if the bailiff attends the property and interferes with, or attempts to interfere with any of your property then you will hold the claimant liable, whether jointly with the bailiff, HCEO Group or vicariously.
    Last edited by R0b; 4th April 2019, 11:26:AM.
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    Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Some of the content I post may include example wording, letters, or other similar responses but they are intended purely for informational and educational purposes. Using some or all of the content I post may fail to meet your needs that is specific to your situation. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice and you can do this through the Law Society's Find a Solicitor database, by contacting your local Citizen's Advice Bureau or legal advice centres such as LawWorks. You may also be able to seek legal advice from your local university who may run a free (but limited) legal advice clinic to members of the public.

    Comment


    • #3
      Please note they only have to have a belief you are connected and as a business the Writ confers the action of making forced entry if there is a belief the premises may contain goods to satisfy the Writ in full or in part. Please also note that if this is the case then the attending officer will not be held to be a trespasser. It is in your own interests to do as requested to prevent further action refusing to do so will only strengthen their belief.

      Whilst you have spoken with the Claimants solicitor they are at least forewarned of your stand and should only commit to further action if there is eveidence to support this.

      Are we to assume you have no knowledge of the debtor - both company & directors and/or addresses.

      Comment


      • #4
        I have nothing to hide, however, so far the court are the only people I have spoken to who are who they say they are. The enforcement officer has lied about where he got my address and the solicitor appears to be a debt collector looking at linked in. These people are ruthless.

        There is no link to me with this company, hence why I would like to see their evidence.

        Comment

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