High Court Enforcement, please help.

1stlifeline · 23rd February 2008, 12:44

My son is being hassled by a High Court Enforcement Officer. He was 3 days late making a payment on a court order and even though he rang the solicitor to apologise and tell them the circumstances they had already passed his debt to the High Court Enforcement.
The first time he called at the house he agreed a sum weekly with my son (This was the same ammount the court had ordered) He pays it by direct debit fortnightly.
THEN, he came back again to say that his client would not accept that ammount and he would remove goods. My son argued that he could not afford more and that the court had orig accepted that amount. He was told to send a copy of the court order which he did and also an income expenditure sheet. He sent these off to the Officer and carried on making the payments.
Then this week he came back again and left a letter saying he will be back within 7 days to 'remove goods, even in your absence' and if there are not enough goods they will enforce bankruptcy.

He has no car or valubles, is out of work at the moment and lives with me and my partner. They also add charges each time they call, itsjust escalating the amount owed.
Any advice would be welcome, thanks.

tonycee · 23rd February 2008, 12:58

Its not Sherforce by any chance is it.?

If he has no valuables then they cant take anything.

Basically they are just using "the system" to milk as much money out of him as possible.

May i ask what the debt is for, and how much ?

1stlifeline · 23rd February 2008, 13:12

The debt is for overpayment of wages from 2 years ago. It was £800 but is now up to 2,490 even though he has been making regular payment, although small ones.
The letters are headed High Court Enforcement and as I understand it they are above the normal court and have more powers than a normal baliff.

tonycee · 23rd February 2008, 13:48

Yes they do have different powers, but they also have to abide by the law.
Their fees have to be fair and justified.
I would seek advice from the court that issued the original agreement and ask them to review the situation.
The amount owing is just going to go up and up, as they are no better than the criminals that they pursue, although nobody challenges them.
Good Luck

1stlifeline · 23rd February 2008, 15:22

Thank you TONYCEE. Will ring the court Monday morning and see what they say.

madmax1973 · 25th February 2008, 00:09

1stlifeline,

If your son owns nothing in the house except his clothes, and it is your place, then send a "LETTER OF CLAIM" to whoever it is and state that you are the owner of all the goods at your address. Make sure you send it recorded delivery tho. Any response back, make sure you keep all letters and envelopes that you receive (proof of post mark).

1stlifeline · 25th February 2008, 12:32

Just spoken to the High Court Officer. Apparently the charges that are going on are balliffs interest of 33 pence a day onto the debt. Therefore because he is paying £5 per week the baliffs are having half of it and therefore the company he owes are only getting half of what the court ordered. Is there any solution please?

10110001 · 25th February 2008, 13:06

Contact the creditor and setup a deal with a written repayment schedule he can afford.

Check the bailiffs fees against the prescribed fees and if the bailiff is defrauding him then think about paying off the whole debt with a credit card and have the debt paid off at the bailiffs expense.

tonycee · 25th February 2008, 20:50

Somethings dont add up.

Even 33p per day only adds up to £241 over 2 years, even if NOTHING had been paid.

I think you need to get a breakdown of their charges, and if you have been overcharged, then yes, i would also be inclined to play them at their own game as above.

Screw The Bailiff · 25th February 2008, 21:54

He wont get a breakdown, the bailiff will only say send us a cheque for £10. Just put him in front of the judge for overcharging with a Form 4 complaint, that'll trump up that breakdown of fees.

chris600uk · 26th February 2008, 18:14

Quote:

Originally Posted by madmax1973

1stlifeline,

If your son owns nothing in the house except his clothes, and it is your place, then send a "LETTER OF CLAIM" to whoever it is and state that you are the owner of all the goods at your address. Make sure you send it recorded delivery tho. Any response back, make sure you keep all letters and envelopes that you receive (proof of post mark).

In addition to that you could also make a Statutory Declaration that you are the owner of all the goods at your address

nuke em · 27th February 2008, 06:43

Quote:

Originally Posted by madmax1973

1stlifeline,

If your son owns nothing in the house except his clothes, and it is your place, then send a "LETTER OF CLAIM" to whoever it is and state that you are the owner of all the goods at your address. Make sure you send it recorded delivery tho. Any response back, make sure you keep all letters and envelopes that you receive (proof of post mark).

is there an example of a "LETTER OF CLAIM" that one could use? searched on the forums but to no avail

Screw The Bailiff · 27th February 2008, 10:56

Its brief but to the point. Template Letter

nuke em · 27th February 2008, 13:34

Thanks!

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