Bailiff help

[Russ295]

First post so Hi and thanks for any advice offered.

Had some windows/doors installed by a local firm in a self build property.

There’s been issues since the start, leaking sliding doors, bay window out of square, no keys for window locks, runners corroded. The company haven’t been the most helpful in rectifying anything.

I moved into the house in March 2016 and I’ve had visits from the companies employees whilst I was living there.

I still owed 10% of the £15k for the full job which I told them I would pay when my concerns were sorted.

2 weeks ago I settled the outstanding amount as I am going to take it to the small claims court.

The guy I sold the house to works away and he dropped a handful of letters off last week from solicitors, ccj and bailiff visits with extra charges, all dating back to July/August.


Thanks in advance.

[Amethyst]

YOu will need to apply to set-aside the judgment and suspend the warrant - Set Aside Application


Then you will be able to defend, and counterclaim.

You shouldn't have a problem having the judgment set aside considering the company knew exactly where you lived at the time they issued the claim, although it seems odd they wouldn't have told the bailiff of the new address for enforcement.

[Russ295]

Thanks. I’ll look into that. If they had of send it to my current address, I’d of contested it, no idea why it’s been sent to my old address.
Any advice if a bailiff turns up in the meantime?

[Amethyst]

Send a copy of the setaside application to the judgment holder as well. As soon as you get it filed the warrant should be suspended. Has your neighbour given the bailiff your new address ?

[Russ295]

I don’t think so but as the windows were fitted in the property I’m now living in, I doubt it would take much working out.

[ploddertom]

Who are the Bailiffs - County Court or private?

[Russ295]

Marstons.

[ploddertom]

In that case I would hazard a guess they attended as High Court Enforcement Officers in which case you need to make an urgent application for a Stay of Execution against the Writ of Control. Just applying for a Set Aside will not suffice as the Writ will still be "live".

[Russ295]

Even though it’s not for the address I’m living in and the original £1500 was paid?

[ploddertom]

If you have paid the Creditor direct then they are duty bound to forward the payment on the HCEO otherwise they will become liable for all the enforcement fees. If so then they will pay their fees first and any remainder will then go towards the debt outstanding so it is possible that you may find that possibly only a couple of hundred pounds are paid off the debt. I assume the letter you received from Marstons would have been a Notice of Enforcement and that possibly the time given to respond will have expired.

The only way to find out is to look at all the documentation received and see if you can work the dates out all this has happened.