Notice of enforcement - 7 days?

[dansal]

My brothers just got a notice of enforcement for a CCJ he hasn't paid. He admits he owes it (to a supplier) but couldn't pay it all in one go.

The notice is from a bailiff company called Shergroup in Essex and they've charged £90 to send it!

Anyway, it is dated 5th June and says he has to pay in full by tomorrow (13th) at 5pm. He got the letter on Monday (9th).

He went for a order to pay it off over time at the county court on Tuesday and is waiting for a date.

A legally minded friend has said that the notice doesn't give enough time and is therefore invalid. A bit of research on the internet says that it must be 7 CLEAR days which cant include Sundays.

My questions are this:

1. What is the legal amount of time for a letter to be delivered?
2. Does the day its delivered count as its not a CLEAR day?
3. If the dates are wrong is the whole thing invalid and can the fee be waived?

He hasnt spoken to the bailiffs yet, will the court do this?

Many thanks

[Wombats]

Re: Notice of enforcement - 7 days?

The Notice of Enforcement often falls down by itself. Legislation states it MUST include the following, does yours?

Notice of enforcement must be given in writing, and must contain the following information—

(a)the name and address of the debtor;

(b)the reference number or numbers;

(c)the date of notice;

(d)details of the court judgment or order or enforcement power by virtue of which the debt is enforceable against the debtor;

(e)the following information about the debt—

(i)sufficient details of the debt to enable the debtor to identify the debt correctly;

(ii)the amount of the debt including any interest due as at the date of the notice;

(iii)the amount of any enforcement costs incurred up to the date of notice; and

(iv)the possible additional costs of enforcement if the sum outstanding should remain unpaid as at the date mentioned in paragraph (h);

(f)how and between which hours and on which days payment of the sum outstanding may be made;

(g)a contact telephone number and address at which, and the days on which and the hours between which, the enforcement agent or the enforcement agent’s office may be contacted; and

(h)the date and time by which the sum outstanding must be paid to prevent goods of the debtor being taken control of and sold and the debtor incurring additional costs.



It's important to be aware that the enforcement company do not have to accept a payment proposal but should certainly do so if the amount being offered is a sensible one which will see the debt being repaid in a short period of time (3-6 months). The ultimate decision on the length of repayment will be for the local authority to decide and should be outlined in their relevant contract. If an enforcement company insist on immediate payment only in order to avoid an ‘enforcement visit’ (and a minimum fee of £235 being applied) debtors should consider making a formal complaint to the creditor.

You need to start talking to the EA asap! Do not waste the seven days.

In answer to your questions (as I understand them, I'm unsure about q2):
1. 2 days

2. I think it starts the day after posting

3. It would form the basis of a complaint to the LA.

[ploddertom]

Re: Notice of enforcement - 7 days?

It is correct that he has not been given sufficient time. Which postal service and class of postage has been used as these do have a bearing on the date he has to respond by. He should also note that having applied for a Variation Order will not prevent enforcement going ahead, only a Stay of Execution will do this. It does seem surprising how this has been done as my information says their offices are now closed and any remaining Enforcement Officers are now home based.

[dansal]

Re: Notice of enforcement - 7 days?

Wombats - the debt is not from the council. I haven't seen the notice myself but our legal friend looked at it and said other than the 7 day bit it all looked fine as they looked at the proper form on the government website.

ploddertom- I'll ask him to ask what the postage was, but think he said 1st class yesterday. He googled the bailiffs and there website says theyre in Braintree in Essex. He works in Chelmsford so is now going to pop in to tell them about his court case to pay over time. Surely that will be enough to stop them? Should he pay the £90 to them then?

I'll speak to him at lunch time and get all the info on postage and what they said if theyre still there!

[bluebottle]

Re: Notice of enforcement - 7 days?

What amount was the CCJ in, please? Are Sheerfarce acting as High Court Enforcement Officers (HCEs)?

[ploddertom]

Re: Notice of enforcement - 7 days?

If sent by 1st Class and giving them the benefit of the doubt it was posted the saame day it is deemed delivered 2 days later, that takes us to Sat 7 June. The first day of the 7 clear days starts Mon 9 June as Sundays are excluded. 7 days clear takes us to Mon 16 June as again there is an intervening Sunday. Therefore the next day Tues 17 June should be the day he has to respond by. Have they also given him a time? As the Notice of Enforcement is non-compliant then in my opinion they cannot charge the £90 fee but he has been given notice of their involvment and has to act accordingly.

[dansal]

Re: Notice of enforcement - 7 days?

OK, the CCJ is for £2200 and the bailiffs are acting for the high court with a writ.

My brother went to there office yesterday but theyve moved out. A bloke in the car park said they have a virtual office somewhere. Sounds very dodgy to me. .

When he filed the forms at couirt to pay monthly he did also apply to stay the bailiffs and this is what he wanted to deliver to them.

Thanks for the info on the notice, he has emailed them to tell them it is void.

[ploddertom]

Re: Notice of enforcement - 7 days?

If they are using a virtual office then a complaint to the MOJ & High Court Officers Association may be in order.

[bluebottle]

Re: Notice of enforcement - 7 days?

I would also be inclined to let the High Court know as well. Try the Enforcement Office in the first instance. If it is not the appropriate office I am sure they would be able to tell you which one is or transfer the call to the appropriate office within the RCoJ.

[bizzybob]

Re: Notice of enforcement - 7 days?

Shergroup AKA Sherfarce HCEOs seem to work from home these days as the physical offices are closed. It all seems dodgy about them.

[dansal]

Re: Notice of enforcement - 7 days?

OK, even their website now says this: Today Shergroup still operates from the city of London from its fabulous address in Canary Wharf, situated in the Docklands and a stone’s throw from its original location in the City of London.

https://www.shergroup.net/

I can find no such address at all. It's nowhere on their website?? Surely this is illegal for a court enforcement company?

My brother has got a stay and a court date in August to discuss making payments so at least that is on hold for now. He will raise the issue of the 7 days when he is there and also this dodgy address too.

On the address thing what would his complaint be?

[bluebottle]

Re: Notice of enforcement - 7 days?

Run a check with Companies House. They have a facility on their website for the public to check the status and registered office address of a company.

[dansal]

Re: Notice of enforcement - 7 days?

OK, there registered address seems to be an accountants called County West Commercial Services Ltd of 6 Cambridge Court, 210 Shepherds Bush Road, Hammersmith, London W6 7NJ T: 020 7371 1024. If its there accounts I doubt they will have an office there too???

I'm not sure what complaint I can make for not having an open office to visit? Is that even illegal?

[dansal]

Re: Notice of enforcement - 7 days?

My legal friend told me the boss lives in America too!

[bluebottle]

Re: Notice of enforcement - 7 days?

Registered office addresses are for the purposes of effectively serving legal documents on companies. It is perfectly lawful for a company to nominate an accountant or solicitor's office address as the registered office address of the company. In many cases, the accountant or solicitor will have the company as a client.