Court order without notification

Discussion in 'Legal' started by Falkirk300zx, Feb 5, 2018.

  1. Falkirk300zx

    Falkirk300zx UKBF Contributor Free Member

    55 2
    Today I got a telephone call from someone who introduced him as a sheriff officer (I'm in Scotland) and asked if I would be in in around 45 minutes as he had a court order. This took me by surprise and I quizzed him and he explained that his client had been to court and he was enforcing the order.

    I explained that I did not know the company nor did I have advertising in 2014 and this was the first time I had heard this. I explained that I had received nothing (post, phone or email) in regards to this matter and his reply was " You did and I've heard all this before, You owe today £3600". He gave an old company address and asked if I would be there, I said he was wasting his time as no one would be there and he certainly wasn't getting any payment from me today.

    I called my lawyer who tried to call the officer but no answer and he left a message. I tried and got through and he said they would be there shortly but this time I wrote down the details he would give me.

    My lawyer advised me to go down to the old office and get the paperwork, no one turned up. I asked around the other units and everyone said no-one had been down, nobody had inquired about me or my business. I went back late afternoon and people confirmed that no body had been around or asking questions.

    I know the company who have my old unit and they had received nothing (they actually had kept anything official looking in the unit, no invoices, no court papers nothing!)

    Has any one been in a similar position or can offer some advice?

    It would appear that a company has made a claim against me without me having a chance to defend myself and seems that I have lost...... surely this can't be right?
     
    Posted: Feb 5, 2018 By: Falkirk300zx Member since: Mar 20, 2009
    #1
  2. DavidWH

    DavidWH UKBF Enthusiast Free Member

    1,063 177
    Are you a Ltd Co, or sole trader?

    If a Ltd co, do a credit check on your company see of there is a CCJ registered.

    Check your credit file if a Sole Trader see if there's a CCJ.

    I find it strange they rang... surely they'd just rock up with no warning to prevent you hidinf assets.
     
    Posted: Feb 5, 2018 By: DavidWH Member since: Feb 15, 2011
    #2
  3. Mr D

    Mr D UKBF Legend Free Member

    7,074 744
    Are your current address details readily found when someone does a search for the company?

    Am wondering if its a scam.
     
    Posted: Feb 5, 2018 By: Mr D Member since: Feb 12, 2017
    #3
  4. Falkirk300zx

    Falkirk300zx UKBF Contributor Free Member

    55 2
    Yes, I'm a limited company so the registered company address is public domain.There is a few listings that still say the original address, a few with the second premises address but google does flag up the current address.

    Weirdly, the debt he said was 2014 but we moved out of these particular premises in 2010, lawyer said that they can issue the order and it will be seen to be delivered if it is to a trading address if there is sign of us trading from there. There is no evidence of trading because we don't have a presence there.... The lawyer also said if they don't deliver they have to show diligence in trying to find me, no one turned up or no one was asked about my company.

    The lawyer said that they might have realised that the address is wrong and wait and see if it's corrected and they come to the registered address.

    I have thought it was a scam....... I had an HMRC phonecall recently that sounded official but when my accountant questioned HMRC there was no record of the call.

    I'm going to head down again tomorrow maybe later pm to see if anyone was sniffing around.
     
    Posted: Feb 5, 2018 By: Falkirk300zx Member since: Mar 20, 2009
    #4
  5. DontAsk

    DontAsk UKBF Enthusiast Free Member

    811 105
    Have you googled the 'phone number the "sheriff" gave?

    Have you tried looking up the number for the real sheriff and calling that number?

    Very basic checks in this kind of situation.
     
    Posted: Feb 6, 2018 By: DontAsk Member since: Jan 7, 2015
    #5
  6. The Byre

    The Byre UKBF Ace Free Member

    6,829 2,669
    This! Simple, basic stuff!

    I have never heard of any bailiff or enforcement officer calling ahead!
     
    Posted: Feb 6, 2018 By: The Byre Member since: Aug 13, 2013
    #6
  7. Falkirk300zx

    Falkirk300zx UKBF Contributor Free Member

    55 2
    I googled the number although it was a mobile not a landline.

    I googled his name nothing at all, checked the messenger-at-arms website again not listed.

    Plus I've credit checked my company no CCJ or any pending plus I also contacted the High Court, Edinburgh sheriff court and my local one. They all said they had no record but there is one at my local court that is very similar to my company name and they have suggested that it could be mistaken identity.

    II'm guessing this was indeed a scam call trying to get cash but time will tell... The door is locked just in case.
     
    Posted: Feb 6, 2018 By: Falkirk300zx Member since: Mar 20, 2009
    #7