Enforcement notice, 5 months after settling the debt

[peeta]

Hi,

Hope everyone is ok.

Looking for an advice on a bizzare issue.

We (two of us) had a judgement against us for rent arrears and the judgement was to both of us to pay the landlord a sum which we did 5 months ago and courts also acknowledged it and said CCJ won't be registered in the Register of Fine as the sum was settled within 30 days of the judgement.

The comms were from only one person's email.

Now we have received enforcement notice on other persons name for the same amount. How this is even possible?

I believe claimant had enforced this as he is expecting each of us to pay the sum listed in the order (effectively asking two times the rent for the same period from both the joint tenants each)

how can I stop enforcement action and more importantly what action can I take against him for enforcing this which is outrageous to put it mildly?

Thanks

[atticus]

Have you contacted this landlord about this?

[peeta]

Hi atticus

yes, unfortunately he is an unreasonable person.

He seems to have decided to extort money from both the tenants the same sum determined by the courts. i.e each of us must pay him the sum for the same period where we were living there as tenants who are jointly and severely responsible for the rent.

if one of has paid him the whole sum ordered by the courts in full, surely the debt is settled?

courts wrote to us in writing the file is marked as settled 5 months ago..despite this struggling to see how he was able to enforce?

any advice would be helpful.

thanks

[atticus]

If one of has paid him the whole sum ordered by the courts in full, surely the debt is settled.

Absolutely.

[peeta]

so atticus , how has he been able to get Writ of control ? surely courts might have checked this?

how do I stop the high court bailiffs now ?

[atticus]

Tell them to go away, pointing out that this has been paid and when Tell this landlord - in writing - that if he doesn't call off the dogs you will have him in court and will be asking the judge to order him to pay the costs. Ask if he really wants to go backwards financially.

[peeta]

thanks atticus

will do that.

I am actually thinking of taking him to court for his outrageous attempt. so that i can be stern, under what section I do bring claim against him for the inconvenience he has already caused?

also in your experience have you seen any case like this? how have the courts allowed this in the first place?

I see the writ of control has been issued by a different court than where the original judgement was ordered and which confirmed the debt is settled. so is it a matter of information not being shared across courts which has allowed this?

[peeta]

Hi atticus ,

have you come across any case like this in your experience? how could courts even allow this?

how can I complain against them and importantly and under what legal section I can take counter action against the landlord please?

[atticus]

Q1. No. But then I worked on more substantial cases.

Do not waste your time and money trying to start a new case.

[peeta]

Do not waste your time and money trying to start a new case.

then I do not know how can I stop the enforcement as the landlord wants twice of what was ordered (same sum from each of us) as he is clearly unreasonable..

[atticus]

apply to court to stop the enforcement on the grounds you have paid.

Have you written the letters suggested in post no 6?

[peeta]

to which court atticus ? the one one issued the judgement in the first place or the one that seemed to have issued the writ of control?

to write a letter to the landlord that's why I am asking for some law points so that letter is stern as otherwise this unreasonable landlord will not heed.

thanks

[atticus]

The court that made the judgement

[atticus]

How about saying everything has been paid, and you are owed nothing more?

[peeta]

thanks atticus

I have contacted the courts that issued the judgement in the first place.

regarding contacting Landlord, I have done that, but he still tries to get more money that he is due by saying, we have to pay him the double - both defendant pays the same sum each and one defendant paying the full sum is not enough for him!! How do I deal with this??

is there any template letters I could send him?