Notice of Seizure – High Court Form No 55

Notice of Seizure

Notice of Seizure  – Enforcement Officer

Now This Should Be Taken Extremely Seriously!

“Andrew Wilson & Co Writ Number: xxxxx

HIGH COURT FORM NO 55

NOTICE OF SEIZURE

In the High Court of Justice
Queens Bench Division
BRISTOL DISTRICT REGISTRY
High Court Claim Number: xxxxx
County Court Claim Number: xxxxx
Sent from the BRISTOL COUNTY COURT

Claimants: xxxxx

Defendant: xxxxx

Address of Premises: xxxxx
xxxxx
xxxxx
xxxxx

This Notice has been left at this address by

Joe Bloggs – Mobile: xxxxx

An Enforcement Officer from Andrew Wilson & Co The Sheriffs Office High Court Enforcement Officers of 26 Missouri Avenue Salford Manchester M50 2NP who are authorised to enforce writs of execution from the High Court.

TAKE NOTICE THAT:

  1. a formal seizure of the goods at this address has been made under a Writ of Execution directed to an Enforcement Officer by the High Court. Enforcement Officer accordingly as conduct of the execution.
  2. The good sees are now in the custody of the Enforcement Officer, as an Officer of the Court, and must not be removed, sold or otherwise disposed of. This will remain the position until the sum due under the execution had been paid in full. The only exceptions are good is good time referred to in Paragraph 9 of schedule 7 of Section 99 of the Courts Act 2003. (This section is set out below). Enclosed with this NOTICE is a WALKING POSSESSION AGREEMENT in the form prescribed by law. You must read this agreement and sign it to acknowledge the seizure and hand it to the Enforcement Officer attending your premises or return it to this Office will stop failure to sign the Walking Possession Agreement may result in the removal of the goods seized without further notice pending disposal by public auction.
  3. The judgment debt and cost of execution due under the Writ are:
    Judgment Debt £10,000
    Judgment Costs £0.00
    Costs of Execution £111.75
    Assessed Solicitor Costs £0.00
    * Interest to date £125
    *HCEO fees £1800
    Total outstanding £12,036.75
    *Interest is payable from the appropriate date (which varies according to the size of the judgement debts and where it originated). Officers seize and interest will continue to accrue daily until the judgment debt is paid in full.
  4. Payment must be made to this office in CASH or by BANK DRAFT. Payment by debit or credit card may be accepted if the Enforcement Officer agrees that may be subject to such charges (if any) are made by his bankers for processing a card payment.
    Please note that it is essential that Writ number xxxxx is written on the back of all bank draft and quoted in any bank transfers or card payments so that these payments can be identified. All drafts must be made payable to Andrew Wilson & Co and sent to the contact address below.
  5. If payment is not made and the execution proceeds, the Enforcement Officers or their agents will attend and remove the goods seized for sale by public auction or as the Court may direct.
  6. If any of the goods seized are not your property, you must tell the owner about the seizure and he must write to the High Court Enforcement Officers claiming the goods at the contact address below.
  7. If any of the goods seized are the subject of hire purchase or any similar agreement, you must send full details in writing to the High Court Enforcement Officers at the contact address below.
  8. If any of the goods seized are not liable to seizure by virtue of Paragraph 9 of schedule 7 of Section 99 of the Courts Act 2003 (set out below) this Office must be sent full details in writing within five days of the seizure or within such greater period as the Court may, on your application, allow.
  9. You must inform this office if another Bailiff seizes, levies on or distrains the goods to pay another debt and you must inform that Bailiff of this seizure.
  10. You must also inform this Office of any Petition in Bankruptcy or application to liquidate a limited company that maybe, have been or is subsequently served on you.
  11. The goods seized are all those referred to at 2 above but in case there is any doubt, the following items have been levied today and ARE INCLUDED IN THE  SEIZURE:
    Dated:
    Signed:

Contact details:

Andrew Wilson & Co
The Sheriff’s Office
26 Missouri Avenue
Salford
Manchester
M50 2NP
Website: http://www.andrewwilsonandco.com

Paragraph 9 of schedule 7 of Section 99 of the Courts Act 2003 provides as follows:

9 (1) This paragraph applies where an enforcement officer or other person who is under a duty to execute the writ is executing it.
(2) The officer may, by virtue of the writ, seize-
(a) Any goods of the execution debtor that are not exempt goods, and
(b) Any money, banknotes, bills of exchange, promissory notes, bonds, specialities or securities for money belonging to the execution debtor.
(3) ” Exempt goods” means:-
(a) such tools, books, vehicles and other items of equipment as necessary to the execution debtor for use personally by him in his employment, business or vocation;
(b) such clothing, bedding, furniture, household equipment and provisions as are necessary and satisfying the basic domestic needs of the execution debtor and his family.”

Do  NOT delay in trying to get this problem sorted!

I do find it strange that in Number 11 ARE INCLUDED IN THE SEIZURE: they have randomly selected three motor vehicles parked near to the debtors address. Despite the fact that none of these vehicles belonged to the debtor.

WALKING POSSESSION AGREEMENT

“The High Court Enforcement Officers Regulation 2004
Regulation 15 SCHEDULE 4

WALKING POSSESSION AGREEMENT

In the High Court of Justice

Queen’s Bench Division

BRISTOL DISTRICT REGISTRY

High Court Claim Number:

County Court Claim Number:

Sent from the BRISTOL COUNTY COURT

Claimants:

Defendant:

To Karl Harrison, Patricia Thomson & Andrew Wilson of Andrew Wilson & Co enforcement officers authorised to execute writs of execution issued from the High Court

I request that you will not leave a possession man on my premises in close possession of the goods which you have seized under the writ of execution issued in the claim.

If this request is allowed to me, I undertake, pending withdrawal or satisfaction of the writ:

a) not to remove the goods or any part of them nor to permit their removal by any person not authorised by you;

b) to inform any person who may visit my premises for the purpose of levying execution or distress that you are already in possession of my goods under the writ.

c) to notify you immediately of any such visit.

AND I authorise you or a person acting on your behalf, pending the withdrawal or satisfaction of the writ, to re-enter my premises at any time and as often as you may consider necessary for the purpose of inspecting the goods or completing the execution of the writ.

Dated this                                                 Day of                                                 20                          

Sign                                                               Judgment Debtor

Notice of Seizure (1)

Notice of Seizure (2)

Walking Possession Agreement

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