Bailiff

[Nigel 1]

Can a bailiff go to my old property that my ex wife lives in if I don't live there anymore

[ploddertom]

You are going to have to tell us some more as in some circumstances the answer is yes.

[Amethyst]

Yes.

High Court Enforcement officers or county court ? CCJ enforcement or a magistrates fine/council tax etc ?

What's the current situation?

ploddertom

[Nigel 1]

Back in 2001 I bought a car and found it not roadworthy I had to get fading standard involved eventually the car was taken back and had no word
i moved out of the family home in 2006 and I have no received a letter saying I owe £12000 and a charging order was put on the property in2007 the car was in my name but the property in both names I've spoke to Mortimer Clarke and have done a cost of outgoings and there was not enough money to pay them they don't have the original paperwork just a debt they bought as I don't live there and it was in my name can they go to my ex wife's house as she has a disabled daughter that is vunrable

[Amethyst]

Oh goodness, it sounds like you need to get this sorted out. There must have been a CCJ obtained back in, well, before, 2007, for this car finance agreement that doesn't seem to have been cancelled when the car was returned as not roadworthy.

DO you have any paperwork at all regarding the original dispute with the dealer/finance company ?

You weren't aware of the CCJ until you heard from Mortimer Clarke very recently ?

Have you checked on the Land Registry that the charge has been applied to the property ? ( there should have been letters at the time the charge was applied for from the Land Registry and the Courts )

Can you do a picture of the actual letter you received from Mortimer Clarke pls. ( They likely know nothing about the background to the debt, do they say it was Cabot who obtained the judgment and charging order over 10 years ago? )

Do they actually have a warrant of control or are they just threatening bailiffs as an option at the moment?

[Nigel 1]

They said the next step was a warrant of control they have my new address but say they can go to my old one mortMort Clarke bought this debt from another company they have passed it back to there client for further instructions can they go to a address I don't live at even if they have my new one

[Amethyst]

Okay so they don't have a warrant of control - that's good, bailiffs are not imminent at all, so you need to try get this sorted in case it comes back from their client ( Cabot?) with an instruction to apply for a warrant of control.

Could you do a photo of the letter you received, cover your personal info, and post a copy here please. You need to respond to it.

Also if you can type whatever you recall about the phone conversation you had with them.

Basically if you rejected the vehicle correctly there should not be any debt, so no CCJ and no charging order, so you want to get this challeneged so that is all removed. HAd you not noticed a CCJ had ben applied against you ? it would have wrecked your credit file for the 6 years from 2007 on.

And go to the land registry site, https://eservices.landregistry.gov.u...539.1536743472 , and check if there actually IS a charge over the house ( it'll be the house your ex-wife lives in I'd presume if that's where you lived when you took out the car finance originally )

[Nigel 1]

There is a charging order but mortiMor Clarke can not show me original documents only documents to say they bought the debt
they have my new address but threatening to go to my ex wife's house as that's were the charging order was put on

[Amethyst]

They can't do anything with bailiffs until they obtain a warrant of execution.

Can you please do a picture of the letter you received as you need to reply to it in writing to start getting this sorted out.

[ploddertom]

They can't do anything with bailiffs until they obtain a warrant of execution.

Can you please do a picture of the letter you received as you need to reply to it in writing to start getting this sorted out.

I'm not quite so sure they can do this given the passage of time.