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Harrassment for a debt I don`t owe...

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  • Harrassment for a debt I don`t owe...

    In 2011, I was issued with a statutory demand by a man who owns the local garage for works he had carried out on my ex partners vehicle. I`d had nothing to do with this vehicle, had never owned it and never had any dealings with the garage man over this vehicle, However, he admitted in Court that he`d come after me as he believed that it was I who held the purse strings. The Statutory Demand was thrown out and he was ordered to pay costs.

    In 2013, I received a Court Summons from the same man, for monies he claimed I owed for this same vehicle. I attended the Hearing with my ex, (who he`d also issued proceedings against), and I presented my evidence to the Judge and the Judge accepted I was telling the truth and dismissed the case against me, but ruled my ex had to pay the alleged monies owing. I have a stamped Court Order here dated 4th April 2013, which quite clearly states:-

    `The Claimants claim against the first defendant ******* ******** is dismissed `.

    On 15th May 2015, I received a Warrant from the Sheriffs Office, informing me they were coming to collect monies owed, or goods to the value. I was absolutely furious, so I wrote to the Sheriffs Office, enclosing a copy of the Court Order, explainaing this matter was nothing to do with me, I sent it via Special Delivery Tracked and Traced and it was signed for as received the following day, and I thought no more about it.

    Last Friday, a Sheriff arrived at my home to collect monies his client claims I owed, or goods to the value. I explained that it was nothing to do with me, told him that I`d written to his Head Office sending them all the relevant information, and showed him the Court Order clearing stating the Claim against me had been dismissed. The Sheriff left but stated he would be back! I then rang the Office, and the `phone diverted to a Vodafone mobile ansaphone, which I thought very odd?

    The man who owns the garage has harrassed me now for over 5 years, as prior to isuuing proceedings, he also bombarded me with threatening letters etc and he will just not accept the Court has dismissed the case against me as he knows my ex has no money and no possessions and he stands no chance of getting anything from him, but he is relentless in his pursuit of me . Please can anyone tell me what I can do to stop this man from harrassing me? It has got so I daren`t go out onto my own yard as I`m fearing him sending someone else to me

    I should also state, during the Hearing in April 2013, the Judge based her ruling against my ex, purely on the basis of an experts report on the engine of the vehicle in question. After the Hearing, my ex realised that the numbers on the engine on the photo`s supplied to the Court, did not match the engine number of the vehicle on the official paperwork- this man had taken photo`s of another engine and submitted them fraudulently claiming them to be photo`s of the engine in my ex`s vehicle. My Ex spoke to the expert who had compiled the report for the Court, and he was mortified and admitted he hadn`t cross referenced the engine numbers as the garage man `seemed a nice guy`.

    Please can anyone tell me what action I can take to stop this man harrassing me as I am at my wits end with it all!

    Thank you xx
    Tags: None

  • #2
    Re: Harrassment for a debt I don`t owe...

    Whose name is given on the Writ they have?

    If yours then you urgently need to check your credit file to see if a CCJ has been obtained against you without your knowledge. If it is in your ex;s name then obviously your address has been given as somewhere they can be found. Once we know this we can move forward.

    Comment


    • #3
      Re: Harrassment for a debt I don`t owe...

      Hi ploddertom,

      Thank you for your reply.

      Both my name and that of my ex are on the writ, I have checked my credit file and there is no CCJ registered against me for this matter.

      The man has obviously lied to the Sheriffs Office to even get them to come out to my home, but I had already furnished their office with proof that this debt isn`t anything to do with me?

      I just don`t know what to do to stop this man harassing me for this debt which he knows was never mine :-(

      Any help or advice anyone can give me would be much appreciated,

      Thank you . xx

      Comment


      • #4
        Re: Harrassment for a debt I don`t owe...

        How on earth have the High Court allowed a Writ to be endorsed when you aren't even the defendant in the matter?! My first task would be to complain to the Court, pointing out that there has clearly been an error. There's no need to make an application; a letter will be sufficient as it's likely it was an error or omission by the Court staff. If that's the case, ask that an amendment be made under the Slip Rule (see CPR 40.12, here: https://www.justice.gov.uk/courts/pr...l/rules/part40).

        The other step would be an application to the Court to have the Writ cancelled, but that's going to cost you. A letter to the Court ought to be a good first step, then come back to us if that's not worked.

        Your ex does have a right to make an application based on the defective evidence, which would ideally include a statement from the expert. The result is a hearing at the local court and, hopefully, a reasonable costs order in your ex's favour (track dependant).

        Comment


        • #5
          Re: Harrassment for a debt I don`t owe...

          Technically the Sheriffs Office have done nothing wrong as they are acting on information given and the issued Writ commands them to attend. In the first instance I would contact their Director of Enforcement, Chris Badger & advise him accordingly cb@thesheriffsoffice.com .

          Comment

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