Author Topic: HMCTS Warrant of Control with wrong address  (Read 78 times)

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HMCTS Warrant of Control with wrong address
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My friend had visit from a HMCTS Enforcement Officer pursuing a debt in the name of her daughter’s ex-boyfriend. The Officer came to the door proclaiming a Warrant of Control with a right to make forcible entry and walked in. This caused A LOT of distress, and I am keen to make sure it can’t happen again.

The householder’s daughter split with her boyfriend in June 2023. The debt was from Camberwell Green Court, which closed in 2020, so must have been at least 5 years old.

Should the householder be opening post that might arrive in the defendant’s name? Otherwise, how would they know that an Enforcement Officer with a Warrant of Control is likely to arrive. If a Notice of Enforcement in the defendant’s name is received, should a response be made to the Enforcement Group, or the Court? What should be said, so that they know the Defendant is not at the address and has never lived there? Is there a form to complete?

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Re: HMCTS Warrant of Control with wrong address
« Reply #1 on: »
When you say "wrong address", did the warrant specify the address that he forcibly entered?
Did the ex ever live there? Your timeline suggests so, but your question implies not.

Did the occifer seize any goods?

In general, for bailiff advice we would generally defer to Sheila at Bailiff Advice Online - although others on here may have worthwhile knowledge or experience they can share (or a crystal ball).
I am responsible for the accuracy of the information I post, not your ability to comprehend it.

Re: HMCTS Warrant of Control with wrong address
« Reply #2 on: »
Happy to be moved to Non-Motoring. In my mind I assumed the Warrant was for non payment of motoring fine. Thinking about it, I have no idea what the original offence was.

Thanks andy_foster. More background:

In June 23 the householder’s daughter split with her boyfriend (the defendant). The daughter and the defendant lived elsewhere, but both used the household address to receive some of their post and parcels. Someone was always in at the householders address and there was less chance of post going astray.

After the split, occasionally post would be received in the defendant’s name. This was always returned to sender. After a year or so some post continued to arrive and was forwarded to the defendant’s mother’s address. In December 2024 the householder received a driving Licence from DVLA in the defendant’s name. It was reported to the police and to the DVLA that the defendant did not live at the address. The police advised that the matter be reported to Action Fraud. This was done and a crime no was provided. It seems that from this time the householder binned any further post arriving in the defendant’s name and continues to do so.

The household is registered as vulnerable. Action Fraud have a crime no recording the potential fraudulent use of the address by the defendant. There is a more up to date address for the defendant, if anyone asked.

No goods ceased. The Enforcement Officer went back through the front door more quickly than he came through it. At the request of the Police I paid the Warrants. I have put in a Third Party Claim to recover the payments. Once the Warrants were paid all charges by all parties were dropped.

What else can be done to avoid other Enforcement Officers coming round and more than upsetting everyone?

Re: HMCTS Warrant of Control with wrong address
« Reply #3 on: »
As regards opening post not addressed to you - once it is delivered to the address on the envelope it is no longer in the postal system and there can be no offence of interefering with the mail. For an offence to be committed it would have to be opened maliciously (with the intent of harming the addressee). Opening post addressed to a person not living there in order to protect your own interests is fine - particularly in the circumstances you describe. Repeating your question on the basis that we are all goldfish, not so much.
I am responsible for the accuracy of the information I post, not your ability to comprehend it.

Re: HMCTS Warrant of Control with wrong address
« Reply #4 on: »
Thanks, andy_foster. I think the householder does need to take a more careful look at mail received and I can assist her in contacting anyone that sends any post.