Help.Enforcement Notice

[lenbickford]

Hi,
My wife has just recd a Notice of Enforcement from a company called Andrew Wilson & Co. stating that she owes a total of £4,764.19 ... and quoting a case at Chelmsford County Court back in July 2016. This is the first that we have heard of any court case or debt owed.She owes nothing to anybody. The originator was from Oldham District Registry.
We have contacted them and they informed us that it relates back to an accident my wife was involved with back in 2010. It took over 3 yrs for it to be finalised (or as we thought, finalised) with the other party at fault. The Ins companies agredd on 50/50 and settlement was made. However, it seems that the other parties insurance company refused to pay up, and Oldham Registry say that this money (debt) becomes ours ..... How can this be? What can be done about it please.? Is there anything we can do as my wife was the innocent party as the other vehicle hit her from behind.Unfortynately, we destroyed all the paperwork after settlement was made.
Can anyone help us please.
regards,
Len Bickford

[charitynjw]

Re: Help.Enforcement Notice

Hi Len & welcome to LB.

It is puzzling that this is the first you have heard about this.
Have you moved house recently? (ie since the accident)
Was the court claim sent to the correct address?
Andrew Wilson & Co are High Court Enforcement Officers, pretty heavy duty.
I'll ask [MENTION=6]Amethyst[/MENTION] to take a look.

[Amethyst]

Re: Help.Enforcement Notice

This 50/50 was that on fault or on costs ? Have you spoken with your insurance company that handled the claim ?

You need to get hold of the original paperwork showing what this debt is .

[lenbickford]

Re: Help.Enforcement Notice

Hi, the 50/50 was on costs ..... We haven't spoken with the Ins co as the original accident was way back in 2010. Over the years she changed Ins cos. Because we were advised that the case was closed back in 2013, all paperork has been destroyed unfortunately.

This 50/50 was that on fault or on costs ? Have you spoken with your insurance company that handled the claim ?

You need to get hold of the original paperwork showing what this debt is .

[lenbickford]

Re: Help.Enforcement Notice

By the way, we were NOT advised of any court cases and the very first thing we knew, is the letter recd today..

[lenbickford]

Re: Help.Enforcement Notice

Sorry, forgot to mention, we have lived at the same address since 1992

[lenbickford]

Re: Help.Enforcement Notice

Is there anything we can do to stop the enforcement officers from attending on the 8th Oct so that we can sort anything out? It seems that the other driver was uninsured at the time and that is why their Ins co. is refusing to pay up and therefore their debt is passed to us!!! Is that right? Can that be done? We are going to Chelmsford CC this PM to try to find out how this has come about and why we were not informed of any pending action etc. I know that it might seem hard to believe, but my wife really is the innocent party (her car was hit from behind - 2 independant witnesses agreed) and we have never recd any paperwork telling us of a court case or anything to say that there had been one and that she owed anything.This cannot be right. Can anyone help with advice etc.Thank you.

[Kati]

Re: Help.Enforcement Notice

tagging [MENTION=39710]des8[/MENTION] [MENTION=71570]R0b[/MENTION] [MENTION=6]Amethyst[/MENTION]

[ploddertom]

Re: Help.Enforcement Notice

You are going to need copies of the documents that were submitted to the Court for this as it does appear that Judgment by Default has been obtained. In particular you need to know the address & postcode where everything was sent.

The most important thing to do is to deal with the HCEO, you could try ringing them and seeing if they will put a hold on enforcement temporarily but chances are they will not. If that is the case then you will need to apply for a Stay of Execution against the Writ that if granted prevents any further fees or enforcement accruing. Downside is that this costs £255 unless you are on certain Benefits or low wage whereby the fees may be waived.

[lenbickford]

Re: Help.Enforcement Notice

Have asked for an appointment at the court to find out all relevant details etc.Thank you

[des8]

Re: Help.Enforcement Notice

you should also contact her insurers, as per Amethysts advice above.

I am puzzled as to why your insurers would agree a 50/50 settlement when the third party was seemingly wholly to blame.
Also puzzled by an insurer agreeing a settlement and later claiming their "client" was uninsured.
It may have been that you could have pursued a claim against that insurer anyway, or against MIB.
I'd be interested if you find out.

[lenbickford]

Re: Help.Enforcement Notice

Thank you for that.
Like you i am extremely puzzled by the whole affair.We have only got that bit of information from the CC at Oldham. so not 100% sure of facts.Have tried contacting Ins Co and MTA solicitors in respect of their actions back then and also to ask for copies of any files held by them - to date, neither has replied..... We are going to Chelmsford CC tomorrow to ask for a Set-Aside or cancellation. If it is as Oldham says, then surely the claim should have been against the other party as my wife was fully insured and legally on the road.It is a great pity that the police officer supposedly dealing, didn't do her job right at that time. Incidentally, my wife was paid out on 16/05/14 less fees involved, hence no longer keeping any paperwork.We have a couple of emails btn my wife and MTA solicitors along with names etc. But as i say, they have not responded as yet.I will keep you posted.

[wales01man]

Re: Help.Enforcement Notice

You will have to apply for set aside until this happens the bailiffs will continue action and call on you you must contact them to try and get them to suspend action although its unlikely

[lenbickford]

Re: Help.Enforcement Notice

Have tried speaking with bailiffs but to no avail.They just said that they have the authority of the court and will act accordingly ... virtually said,'Hard luck'. not their problem. So, going for set aside first thing tomorrow. Thanks.