I need advice on an enforcement order

[worrieduser]

Hello, I am hoping that someone out there can give me some advice.
I have received an enforcement order from Andrew Wilson and Co from Manchester regarding a bill from Rentokil. I owned a lease on a pub in Cornwall in 2011 t0 2012 which like many did not make it through the tail of the recession. I used rentokil for pest control up to Nov 25 2012 when unfortunately I had to hand the keys back to Punch Taverns. Rentokil have kept charging me past that date for visits to the pub and charging for it. I had sent an email to them explaining that I no longer was the leaseholder on dec 02 2013 and had a reply from them on Dec 06 2013 stating the copied text below:
Hello,
It doesn't seem like we have
been informed i have raised a dispute log for this under ref: 39834 please await
for us to come back to you.
thank you

Best Regards,

Jaspreet Kaur

Query Analyst
Query Team
Rentokil Initial UK Ltd
UK Finance Shared Services

I have had no correspondence since this from them.
I have now received a document from Andrew Wilson and Co
With a claim number from Northampton County Court Business Centre with a claim number for £899.80 + £22.16 interest + compliant stage fee of £90.00.
What should I do? It states that I have to pay the full amount by 4.00pm on the 17th 0f October, I feel that this is totally wrong and that the new lessees or the brewery should be responsible as they were trading after I left and the services were being used by them. Apart from that I do not have the funds to pay this.
Please help
Thank you in advance

[sloane82]

Re: I need advice on an enforcement order

First thing contact them in writing with all the evidence that you have and keep going they will investigate the matter and hopefully realise that you left the company and send you an apology and drop the money.

[Tools]

Re: I need advice on an enforcement order

No 25135591, if they have issued a claim then it needs defending, they won't simply investigate and withdraw.

OK worrieduser, have you received just a letter or an actual court document as well?

Is it from Andrew Wilson & Co. enforcement officers? Can you scan/photograph any documents with your personal details removed

[worrieduser]

Re: I need advice on an enforcement order

Hi there,
Thank you for your reply. I have received a letter that says "Notice Of Enforcement"

It just has a box that says Northampton County Court Business Centre and has a claim No
above the box it says "Details of the court judgment order or enforcement power by virtue of which the debt is enforceable. There is no court document with it.
I have scanned the document into a jpg file and removed my details but being new to this I am not sure where to send it
Once again, thank you very much for any help.

[Kati]

Re: I need advice on an enforcement order

Hi there,
Thank you for your reply. I have received a letter that says "Notice Of Enforcement"

It just has a box that says Northampton County Court Business Centre and has a claim No
above the box it says "Details of the court judgment order or enforcement power by virtue of which the debt is enforceable. There is no court document with it.
I have scanned the document into a jpg file and removed my details but being new to this I am not sure where to send it
Once again, thank you very much for any help.

If you click 'go advanced' in the reply box, there is an option to upload attachments to your post before you submit it :tinysmile_twink_t2:

[worrieduser]

Re: I need advice on an enforcement order

Thank you Kati,
Is it ok to just post in my reply here?

[Wombats]

Re: I need advice on an enforcement order

Did you receive any documentation at all regarding this CCJ. It sounds like you've had a default judgment awarded.

Andrew Wilson are HCEO's, so it will have been passed to them for enforcement as the amount exceeds £600.00.

If you received no information saying you were being taken to court, and knew nothing about it THIS LINK (CLICK HERE) may hopefully give you a way forward.

[worrieduser]

Re: I need advice on an enforcement order

Page1.jpgPage2.jpgThank you all so far for your input. This is the document I have received.

[Tools]

Re: I need advice on an enforcement order

It seems that this has already been to court, were you unaware of a claim made against you?

You should have been given documents from the court prior to this.

[worrieduser]

Re: I need advice on an enforcement order

Thank you tools, no I have not received anything. The last document I received was from rentokil stating they had not been informed that the business had closed a year earlier (2012) the person in the email had said the following:

Dated 06/12/2013
Hello,

It doesn't seem like we have
been informed i have raised a dispute log for this under ref: 39834 please await
for us to come back to you.

thank you


Best Regards,

Jaspreet Kaur
Query Analyst
Query Team
Rentokil Initial UK Ltd
UK Finance Shared Services

[Wombats]

Re: I need advice on an enforcement order

Try reading my post and looking at the link. :tinysmile_twink_t2:

[Kati]

Re: I need advice on an enforcement order

[ATTACH=CONFIG]14119[/ATTACH][ATTACH=CONFIG]14120[/ATTACH]Thank you all so far for your input. This is the document I have received.

OK ... you have a Notice of Enforcement. As Tools says:

It seems that this has already been to court, were you unaware of a claim made against you?

You should have been given documents from the court prior to this.

Your first point of call should (in my opinion) be Rentokil. Write to them advising them that you dispute this debt, and include copies of any evidence you have that shows you are not liable. Complain about the fact that they have taken court action against you for something which you had previously raised a dispute about (adding your dispute reference number from their correspondence). Adding that they did not (as promised) get back to you.

You also need to write to Andrew Wilson & co. advising them that this debt is in dispute with the original creditor and requesting they put their collection action on hold while the dispute is ongoing!

Send both letters recorded/signed for (costs less than £2) so that you get proof of postage and delivery :tinysmile_twink_t2:

K xx

[worrieduser]

Re: I need advice on an enforcement order

Many thanks again Kati, I will do that. I have also filled in the application to set aside the judgment stating the details, as time is short I wanted to make sure it gets there in time, I have emailed the court and am also posting hard copies tomorrow. From what I have read Andrew Wilson and Co do not really care about disputes and will even carry on with enforcement after me contacting Rentokil, this all seems wrong. I have emailed the email that I received from rentokil re the dispute and their comment that they will get back to me.

[ploddertom]

Re: I need advice on an enforcement order

It may be that if you did not inform Rentokil then the charges applied may be legitimate. However if the use of Rentokil was part & parcel of the T&C from the PubCo then it is to them the matter must be addressed. Surely if they attended after you left then the new tenant must have had to have signed something when they attended otherwise they could just make any old date up for a visit.

At this stage rather than apply for Set Aside you should apply for a Stay of Execution against the Writ. If granted this halts all future enforcement & charges. Again this is done on Form N244 - cost £155 unless you can claim partial or full exemption of the fees, see Forms Ex160a & EX160c for details. As time is of the essence you must do this in person by visiting a local Court that deals with High Court matters and ask for an urgent Hearing. Until a Stay is in place then the HCEO may continue to enforce regardless of what you say about making an application.

What date iis on the Notice of Enforcement & what date did you receive it - there is a possibility the Notice may be defective which will help give you further time.

[worrieduser]

Re: I need advice on an enforcement order

Thank you Ploddertom,
I am not sure of the date, on the above attached copy there is a date notice issued of the 09/10/2014 but I have noticed that on the enforcement details the claim number says A1JJ0725 - 28/05/2014 I assume this would be the date you are asking about? They say it has to be paid in full by 17/10/2014 at 4.00pm. I have never seen the original court document so I could not respond to it. I have been having to live at various addresses of freinds and relatives since the demise of the business so I had no fixed address (still dont!) But Rentokil were contacting me via email so they did have the ability to contact me re the claim. As I have said above my last contact from rentokil was that they had issued a dispute log on 06/12/13 and would get back to me. This never happened so I assumed that the problem had been sorted.