I need advice on an enforcement order

[ploddertom]

Re: I need advice on an enforcement order

Sorry I should have looked before as the Notice is dated 09/10 and gives you until 17/10 to pay or make an arrangement. First off the Notice is defective as it does not give 7 clear days notice. A Notice written on 09/10 would be deemed delivered 2 days (if sent 1st Class) later so will assume 11/10. Sundays and Bank Holidays are excluded from the calculations so the first day has to be taken as 13/10 and counting to 7 clear days takes us to 20/10 - as another Sunday falls into it, add an extra day for when Compliance can take part and that takes us to Tuesday 21/10.

Although the Notice is defective all it means is that they cannot charge the Fee or rely on the date they have given. The Notice will have to be re-issued. Cruel as it may seem but you will have to notify of their failings - this is not the first time they have been caught and I will forward your thread as I know the MOJ are keen to find those flouting the new regulations. Hopefully this will give you some extra time to get to the bottom of what has happened.

[worrieduser]

Re: I need advice on an enforcement order

Ploddertom, I cant thank you enough for your help on this. As regards to what I should do now I dont know. I have sent via email copies of the order and form N244 (although I sent it before you suggested a stay and requested a set aside) These I have sent to the court and to Rentokil. I was posting hard copies of the same tomorrow to the court, rentokil and to Andrew Wilson. What should I be doing? I hate to ask but I am so worried about this. There are many other issues that I have to deal with from the demise of my business but this is one I was not expecting

[ploddertom]

Re: I need advice on an enforcement order

I think you need to sit back and form a plan of action.

1 - who instructed Rentokil initially from the outset?
2 - if you did not notify Rentokil when you moved out why did their operative not query matters when they visited and found a strange face?
3 - why did it take Rentokil so long and after multiple visits to realise they were no longer dealing with you?
4 - what do the PubCo's T&C say about pest control?

If you have already sent the Set Aside application off did you send it to the Court where the original CCJ was awarded? What defence did you use? One thing of note however is that the Court will not act until payment received so anythin receieved would just be pending and after a length of time just deleted. I wouldn't worry too much about Andrew Wilson at this point as they will have to re-issue their NoE anyway.

[ploddertom]

Re: I need advice on an enforcement order

Did you trade as a sole trader, partnership or Ltd Co?

[worrieduser]

Re: I need advice on an enforcement order

Once again thank you for spending your time on this.

In reply to your questions

1 - who instructed Rentokil initially from the outset?
I instructed rentokil, they were the pest control company when I took the lease on

2 - if you did not notify Rentokil when you moved out why did their operative not query matters when they visited and found a strange face?
This I dont know, I had informed most creditors by phone in and around the closure, I know now that I should have done this in black and white but at the time I was not thinking straight due to the stress I was under.
3 - why did it take Rentokil so long and after multiple visits to realise they were no longer dealing with you?
Again, I dont know why
4 - what do the PubCo's T&C say about pest control?
This they leave up to the lessee I am not sure if Punch Taverns deem this part of their contract

If you have already sent the Set Aside application off did you send it to the Court where the original CCJ was awarded?
As I have never received the original CCJ I do not know where it was issued, I have sent it to the Northampton Court where Andrew Wilson got the order

What defence did you use?

The defence was basically what I have explained via this thread re having contact with Rentokil about the bills and them raising a dispute log and saying they would come back to me, so I (probably being naive) assumed that when I heard nothing more that the situation had been resolved.

One thing of note however is that the Court will not act until payment received so anythin receieved would just be pending and after a length of time just deleted. I wouldn't worry too much about Andrew Wilson at this point as they will have to re-issue their NoE anyway.
Will they have to do this on their own or do I have to tell them?
I was trading as "Sole Trader"

[ploddertom]

Re: I need advice on an enforcement order

Personally I think you may struggle with Set Aside as I would assume Rentokil would produce some sort of documentation you may have signed as proof of a contract + under your own admission may have forgotten to inform when you moved out. It is possible to apply for Set Aside on the basis you knew nothing about it until the HCEO turned up but you still need a defence that has a modicum chance of success and cannot rely on non-delivery alone.

The Judgment against you will have been made by Default as no Acknowledgement or Defence had been received - the Court process is pretty much automated in cases like this. It would be interesting to see what address was on any documentation as again I assume Rentokil will have sent everything to the pub where you were, this if true again begs the question of what the new tenant or PubCo did with any letters. These are matters you need to find out about. Tomorrow morning you should contact the Court and ask what address they have sent everything to and ask for copies of anything they are able to send you.

Contact details for Court https://courttribunalfinder.service....ss-centre-ccbc

[worrieduser]

Re: I need advice on an enforcement order

In defence can I use the fact that I had communication from Rentokil on the 6th Dec 2013 stating that they were raising a dispute log and saying they would come back to me? At that point in time they were well aware in black and white that I was no longer trading and the bill was lower.

You wrote:
I wouldn't worry too much about Andrew Wilson at this point as they will have to re-issue their NoE anyway.

Will they have to do this on their own or do I have to tell them?

Thank you once again, it doesnt sound good though

[ploddertom]

Re: I need advice on an enforcement order

I would inform Andrew Wilson you have received their Notice of Enforcement but as it does not give 7 clear days notice it is defective - no need to go any further. Even if it was OK then if you have no goods to seize then they cannot do much anyway. Do not under any circumstances allow him entry to your home - they may bluff & bluster that they have a right, they do not & can only gain peaceful entry. Theywill only attend 3 or 4 times anyway before handing the Writ back to Rentokil whao can if they wish instruct another HCEO but rarely do. Your situation seems worse that it sounds but for my money Rentokil did not do their job properly and deserve everything they get.

[Milo]

Re: I need advice on an enforcement order

I agree with Ploddertom that the enforcement notice is defective.

The matter of the '7 clear days' should not be an issue given that the new regulations have been in force for 6 months so 'errors' should have been ironed out by now. This is the 2nd case with the same company in 10 days on this very forum. I will be addressing this point with the High Court Enforcement Officers Association in 4 weeks time when a meeting to 'review' the new regulations is due to take place.

With debts enforced via the High Court the legal position is that unless full payment is made within the strict time frame outlined in the Notice of Enforcement the Enforcement Agent is legally obliged to make a visit to the property to attempt to secure goods and the fee for this will be £190 plus vat.

[worrieduser]

Re: I need advice on an enforcement order

Hi,
I have dug up some copies of invoices dated after I left the pub and have found something, whether it is relative I do not know. As I had mentioned I had a contract for £75 per quarter for pest control. I have found an invoice for £384 for fly zappers dated 22/10/13
now seeing as I left on the 25th Nov 2012 there is something very wrong. Someone would have to have ordered them but the invoice is in my name

[worrieduser]

Re: I need advice on an enforcement order

Hi Milo,
Thank you for your help.
I have called Andrew Wilson as Ploddertom had suggested, hmm, not friendly at all. I had mentioned that the notice was defective and she basically said "Whats you problem, it will be served as stated on the notice whatever I say" She said that it was dated on the 9th and that the 17th was 7 days, then went on to say that I was saying I wasnt going to pay! After a wrangle and trying to explain what 7 clear days meant (she included the day sent and Sunday BTW) she said she would hold it until the 18th.
Nasty people

[sloane82]

Re: I need advice on an enforcement order

There ya go It wasnt yourself keep the evidence and contact the courts.

[Milo]

Re: I need advice on an enforcement order

There ya go It wasnt yourself keep the evidence and contact the courts.

Why would a court need to be contacted?

[Crazy council]

Re: I need advice on an enforcement order

Hi. Find out off rentokill were and when they sent the notices prior to the judgment. Also ask rentokill why they proceeded without dealing with your complaint.

If they sent the noticrs to the pub after you left. And they were not forwarding them on to you. Yhat would allow you to pull the ccj untill they reapply i think.
Then ask for a full account of them with invoice dates.. i would suggest you REMEMBER phoneing them to notify you leaving at the time if you know what i meen