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Chris_H, Solicitor
Category: UK Law
Satisfied Customers: 1082
Experience:  Solicitor with 10 years experience in Commercial, Property and Consumer Legal Isssues
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Hi, I have a high court writ of execution issued against me.

Resolved Question:

Hi, I have a high court writ of execution issued against me. Also a 'Walking Possesion Agreement' has been issued.

I am a tenant at a pub and all the fixtures and fittings are owned by the landlord.

What can the enforcement officer do?

Also the writ was for £996. I asked the court for judgement to be set aside and sent tham the completed form because I did not agree with the amount. Yet they have obtained a possesion order??

Please Advise

Submitted: 6 years ago.
Category: UK Law
Expert:  Chris_H replied 6 years ago.
Has the enforcement officer entered into walking possession of items which are not yours then? Has the Court acknowledged receipt of your application to set aside?
Customer: replied 6 years ago.

the enforcement office entered the premises yesterday in my absence and hand delivered the 'Notice of legal control of goods' to one of my staff members. I have telephoned the company acting - 'Sherforce' They have told me that I now need to pay £996 for the original debt, £101.75 for the cost of execution & £1049.84 for the court enforcement officer, totalling £2154.21.


The court has not yet acknowleded receipt of the application to set aside which was sent to them ten days ago.


Sherforce have also told me that a van will be sent today to collect goods and a further £1100 will be incurred





Expert:  Chris_H replied 6 years ago.
Sherforce are notoriously hard to deal with I'm afraid.

It is possible to make an application to Court if they wrongly seize goods. I would involve the landlord now so that they can argue about their goods. Before you go down the Court route I would fax Sherforce with a copy of the lease or any other proof you have that the goods are not yours and ask them to voluntarily release them from walking possession. If they do not then you (or more accurately the landlord) will have to go down the route of the Court application.

With regard to the set aside application phone the Court to see what the position is. Unfortunately, a set aside app does not stop enforcement unless you also make an application to stay execution. You could do this now and it can be done without notice to the other party - speak to the Court to see if they can get you in as an urgent case.

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