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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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I have been delivered a county court notice of eviction.The

Resolved Question:

I have been delivered a county court notice of eviction.The judgement is for another house,I have rang the bailiff office and they seemed not to be concerned that it had been posted by hand to the wrong address and no question that the same mistake could happen on eviction day

regards
XXXXX XXXXXe
Submitted: 1 year ago.
Category: UK Law
Expert:  Thomas replied 1 year ago.
Hi Brian,

What does the document you have received from Court say?

Is it an Order for Possession made by the Court, or is it a notice of hearing?

Are you certain that it has nothing to do with you?

Tom
Customer: replied 1 year ago.

Hello Tom,


 


The notice of eviction from the county court is for 36 Parkgate Crescent,my address isXXXXX my concerns are that the bailiff office did not want to explain themselves when I rang and just said" send the letter back" not even questioning who the eviction order was for and without consideration of the eviction that will take place on the 8th August 13 and refused to answer my questions by hanging up on me.


 


Can I take my complaint to a official body due to their lack of care and attention and will they make the same mistake of address during eviction


 


Brian


 


 

Expert:  Thomas replied 1 year ago.
Hi Brian,

My question is really whether or not the eviction genuinely applies to you or not.

Do you have a tenancy?

Were you aware of possession proceedings?

Tom
Customer: replied 1 year ago.

hi


No I do not live in or own or rent or have anything to do with the property on the eviction order


 


brian


 

Expert:  Thomas replied 1 year ago.
Hi Brian,

Okay.

Do you own a neighbouring property to the one subject to the eviction order?

Apologies if it seems we are going over old ground, I just need to be sure..

Tom
Customer: replied 1 year ago.

Hi


 


I live within walking distant to the house that has the eviction order on it


brian


 

Expert:  Thomas replied 1 year ago.
Hi Brian

Thanks for your patience.

It seems fairly obvious that it is a case of simple misdelivery on the confusion between “Crescent” and “avenue”.

They would be incredibly stupid to make the same mistake twice and, plainly, actually affecting eviction is taken with much more care and attention than simply sending out the notice of eviction. I really cannot envisage them actually attending your property. The mistake is probably one made by an admisntrative officer of the firm rather than an actual bailiff.

If the Court Order is for “Crescent” and your address is “Avenue” then I would send the letter back with a strongly worded letter referring to their oversight. State that were any eviction action attempted to be taken against you then you would sue them, as well as complain to their professional body.

Were you minded to make a complaint then in the first instance you would do so by writing to the firm advising them of your complaint and asking them to initiate their complaints procedure. They would investigate your complaint, asking for information from you and then advise you of their findings.

Were you not satisfied with their findings you would then be free to complain to their professional body if they are certificated bailiffs. The professional body is different if they are high court bailiffs, but if they are not then the professional body would be the Civil Enforcement Assocation:-
http://www.civea.co.uk/
Complaint details here:-

http://www.civea.co.uk/complaints.htm

It’s massively frustrating being “stonewalled” when you contacted them, of course, but if all that happens is that you send the letter back and do not hear any further from them then I personally would leave it there though.


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Kind regards,


Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6373
Experience: BA (Hons), PgDip, Practising Solicitor
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