Catch 22 with a Warrant of Execution

[LAWMAN]

I received a county court General Form of Judgement Order in early June 2009 and applied to have it stayed on 19th June 2009. An appeal was heard and failed (dismissed) on 23rd March 2010 and I heard nothing until 1st September when my solicitor, who is now not my solicitor, received the stay be lifted.

I now understand that a Notice of Issue of Warrant of Execution was issued by the court and apparently sent to my old address which is vacant due to re possession. "You havenot made payment under judgement as you were ordered.The claimant has therefore asked for a warrant to be issued to the bailiff to seize and sell your goods. Unless you pay etc tetc etc befor 8th September 2010 the bailiff will call and may remove your goods for sale at public auction"

The amount is £3,958.67 ordered when a Tribunal cited me as the employer of a woman who was actually emplyed by the company I was a Director of.I couldn't get a lawyer to represent me FOC and cocked up the Tribunal hearing and my evidence was disallowed. The person actually stole information from my personal computer and used it as evidence against me which was untrue but accepted by the tribunal.

I lost all my savings, investment, pension, house and my wife was also made redundant a week later. Five months later I had a bad accident which has left me disabled and unable to work for over a year. I'm 61 and basically bust.

My question is:

1.If or rather when they eventually find me and slap a warrant on to me at my new house (rented), can I ask the court to stay the Warrant and provide them with information on my finances and the possible criminal aspect of stolen computer data being used in an Employment Tribunal by the other side?

2. Is the Warrant still valid even though it is addressed to my previous home?

( The reason she took me to Tribunal was because her advisers knew that the bank had foreclosed on the Ltd company but the company was not struck off by Companies House until 6 months after the event. The DWP would not pay her her redundancy and insolvency monies due because of this. So she/they had a go at me thinking I had pots of gold hidden away somewhere. Now that there is a record at companies house and as she had a contract with the company she could be paid by the redundancy/insovency office or whatever it is called. If she tries to screw me she will have to bankrupt me and get nothing and end up paying the fees.)

3. Could I take a claim of fraud and theft out against them and would I be able to find a lawyer?

The police looked at it but felt that it was really a civil case whereas I felt that it would have been fraud/deception and theft under the old criminal Law of 1968 theft act.

[middenmess]

Re: Catch 22 with a Warrant of Execution

Hi Lawman

Sorry to hear of your troubles.

From what you've posted you appear to have had a bit of a raw deal.

I regret that I am unable to help but I'm sure that someone will post soon with some good advice.

[Guest]

Re: Catch 22 with a Warrant of Execution

You may apply to have the warrant stayed, although you will need to provide a good reason for doing so. A Warrant of Execution is only one way of attempting to get paid however, so even if you do manage it, you may not be out of the woods.

How did your ex-employee manage to sue you personally and not the company?

[Trickiemickie]

Re: Catch 22 with a Warrant of Execution

Hi You need to fill in an N245 costs app £35 you can either make an offer of repayment or give the reason for non payment on the form.
The form gets sent back tyo the alleged creditor for their agreement and in the meantime all Bailiff action is stopped.
Remember you do not have to let the Bailiff into your home and they cannot take walking possession of any goods from outside.
As a last resort you could always make yourself bankrupt then they can't chase you any more.
You rent a property so there is nothing for them to take, 12 months later you are out of bankruptcy.
Hope that helps

[LAWMAN]

Re: Catch 22 with a Warrant of Execution

You may apply to have the warrant stayed, although you will need to provide a good reason for doing so. A Warrant of Execution is only one way of attempting to get paid however, so even if you do manage it, you may not be out of the woods.

How did your ex-employee manage to sue you personally and not the company?

It is a long story but essentially, I had a home office as the company was spread throughout the UK,Spain and Holland operationally. The lady was taken on by me as a sales administrator, Spanish/English interpretor and personal assistant to me.She was employed by the company as a PAYE employee.

At the end of August 2008 the company was in trouble cash wise and I had to negotiate a £30k overdraft from Lloyds which they did with my security (personal) . At the same time we had £150k pledged to us by a new investor. I told the lady that things were tight and said it might be better for us to part company now however I can't pay your redundancy or any further salary until the new money comes in. She said that she understood and then said I'll carry on, I know the risks.

Stupidly I put nothing in writing.

At the end of the month the new investor hadn't invested and on the day I was about to pay her and other bills the bank froze the account and demanded their money back..

I was advised to resign immediately and that was the end of the business.

Much later in February I got a missive from her, obviously drafted by a lawyer, where she alleged that I had employed her personally after 1st September because I HAD ALREADY TOLD HER THAT THE BUSINESS WAS INSOLVENT AND THEREFORE WASN'T TRADING.

I denied this and quoted her contract and what was said in late August etc. A few weeks later I was cited in a tribunal along with the company as her employer and failed to pay her wages, redundancy etc etc.

I put a defence in and then attempted to find a legal aid lawyer but no one would represent me on aid or charity as I was considered self employed by the tribunal even though I wasn't self employed in that scenario.

I wrote and asked the tribunal for full particulars and evidence of the case against me. Nothing came. The hearing was changed thrice at the other sides request and by now I was working 250 miles away and wasn't home during the week. I was a self employed project manager. In the circumstances, I felt that the Tribunal had enough written evidence from me and there didn't appear to be any evidence from their side. ACAS didn't say there was any further particulars from them and, rather than lose 2 days pay that I needed, I did not turn up at the tribunal.

That was my big mistake.

The tribunal accepted evidence from her that was essentialy untrue and lies. She had hacked into my personal computer and put various documents on the table from it but edited them out of context. The Tribunal found the company guilty on some points and I was guilty of failing to pay her as my employee, failing to provide her with a contract as my employee and failing to pay holidays etc.

I then went to a lawyer and asked for an appeal. After four months I had to dismiss the lawyer because the charges were horrendous. I still owe them £2k. I then put the appeal together myself and it was heard in London in March this year by Judge Bean. He basically said that I was in an invidious position by not attending the tribunal and he regretted that none of my evidence could be admitted at the appeal. I would have shown the true context of the documents, that she actually worked until her last day for the company as she signed emails off in the companies name and further she stole data from my computer to provide the edited evidence.

Bean had no choice other than to dismiss my appeal.

Nothing then happened until about two weeks ago and now I face the County Court.

I intend to ask for a stay and will then show my financial status as being essentially insolvent as far as the tribunal order and the lawyers bill is concerned. They will have to bankrupt me and that will cost them a lot of time and money and there are no assetts in any case. Alternatively I could go into ANOTHER FORM OF INSOLVENCY BUT THEY WOULD NOT BE FULLY PAID OUT AND IT WOULD TAKE AT LEAST FIVE YEARS TO PAY OUT WHAT IS AGREED.

I would also point out that the reason she took me to Tribunal in the first place was because when she went to DWP to claim payment because the company didn't pay her wages etc and went into insolvency,the DWP told her that the company was still trading according to Companies House. She then decided, with her lawyer to go for me and the company. It would have been more sensible to contact Companies House and our Accountants. Although the business stopped trading in October 2008 and all directors resigned, it was not recorded by Companies House until July 2009, a month after the Tribunal was heard. Now that the company is officially registered as struck off, she can claim her money legally from the DWP and for all I know she might have done that and is still seeking payment from me. DWP will not disclose such information to me. She won't get anything from the company because that was insolvent and there were no realisable assets.

Sorry for the saga but that was what happened.

Unbeknown to me Tribunals , unlike other courts are not required to disclose all documents and evidence in relation to their claim before the Hearing. Also tribunals are not required to verify that statements are true and correct before accepting them as evidence. Also nothing new can be presented at the appeal if it wasn't presented at the tribunal.

If Tribunals had been made to disclose fully, this case would not have got to a hearing.

It is a farce and a travesty of justice and proves that unless you can afford legal representation you cannot defend yourself fully. I believe that I would have a case in a Human Rights court or EU court but that would mean taking it to the High Court and then on to the Lords prior to Europe. That would cost a fortune and take years.

[LAWMAN]

Re: Catch 22 with a Warrant of Execution

I received a county court General Form of Judgement Order in early June 2009 and applied to have it stayed on 19th June 2009. An appeal was heard and failed (dismissed) on 23rd March 2010 and I heard nothing until 1st September when my solicitor, who is now not my solicitor, received the stay be lifted.

I now understand that a Notice of Issue of Warrant of Execution was issued by the court and apparently sent to my old address which is vacant due to re possession. "You havenot made payment under judgement as you were ordered.The claimant has therefore asked for a warrant to be issued to the bailiff to seize and sell your goods. Unless you pay etc tetc etc befor 8th September 2010 the bailiff will call and may remove your goods for sale at public auction"

The amount is £3,958.67 ordered when a Tribunal cited me as the employer of a woman who was actually emplyed by the company I was a Director of.I couldn't get a lawyer to represent me FOC and cocked up the Tribunal hearing and my evidence was disallowed. The person actually stole information from my personal computer and used it as evidence against me which was untrue but accepted by the tribunal.

I lost all my savings, investment, pension, house and my wife was also made redundant a week later. Five months later I had a bad accident which has left me disabled and unable to work for over a year. I'm 61 and basically bust.

My question is:

1.If or rather when they eventually find me and slap a warrant on to me at my new house (rented), can I ask the court to stay the Warrant and provide them with information on my finances and the possible criminal aspect of stolen computer data being used in an Employment Tribunal by the other side?

2. Is the Warrant still valid even though it is addressed to my previous home?

( The reason she took me to Tribunal was because her advisers knew that the bank had foreclosed on the Ltd company but the company was not struck off by Companies House until 6 months after the event. The DWP would not pay her her redundancy and insolvency monies due because of this. So she/they had a go at me thinking I had pots of gold hidden away somewhere. Now that there is a record at companies house and as she had a contract with the company she could be paid by the redundancy/insovency office or whatever it is called. If she tries to screw me she will have to bankrupt me and get nothing and end up paying the fees.)

3. Could I take a claim of fraud and theft out against them and would I be able to find a lawyer?

The police looked at it but felt that it was really a civil case whereas I felt that it would have been fraud/deception and theft under the old criminal Law of 1968 theft act.

Does anyone else have any advice or experience in this problem/issue? I would welcome some help!:tinysmile_cry_t: