Walking possession fees

[madmax1973]

I have just been told on the telephone by "The UK Insolvency Helpline" that a Walking Possession Fee by a HCEO is valid, even tho nothing has been signed. Is this correct ? i am confused now, i was lead to believe that you had to sign something.

[10110001]

I bielieved that as well.

A walking possessions agreement is just that, an agreement. Without a signature then the expression is a contradiction in terms.

[chris600uk]

What actually happened? Why would the HCEO think they had a WPA?

[madmax1973]

I had them attend my house on one occasion, delt with them on the driveway. It was my boyfriends debt (he was not in) HCEO left the paperwork and the other half phoned later and agreed £50 p/w. My boyfriend does have a car on the driveway that is off the road tho, it is not worth more than £100. This is all he would have seen.

[madmax1973]

I have a breakdown of charges from them, this is how i know i have been charged for the WPA and Valuation fees.

[Screw The Bailiff]

tomtubby might shed light on whether a WP fee can be aplied without a signature.

check the breakdown of fees against the prescribed fee schedule, make sure you havnt been overcharged. Valuation fees can only be applied if goods have been siezed, looks like the bailiff is up to no good.

[tonycee]

The answer is no.

Have a read of this. ..I want to shoot the bailiffs..

do you like my title?

It is written by HCEOs offering their services to YOU. (Joe public)

Read it thoroughly,and understand it.

59% of their attempts to collect FAIL.

Dont let them in, and dont sign anything.

As much as these agencies mean well, HCEO is a very new subject.

[madmax1973]

Tonycee... Luv it !!

Yes, Yes, Yes, the answer at last ! i have been told.. yes they can, no they cant, and now i have the answer !! In black and white.

Sherforce have over charged me on 5 counts.

(1) Interest @ 8% pa

(2) Percentage of amount recovered

(3) Seizure fee

(4) WPA fee

(5) Valuation fee

They say, under HCEO Regulation part c fee 12 they have charged me also for Admin fees and Management fees. (Whatever this may be ? )

I have read it, it states..

MISCELLANEOUS.. For any other matter not otherwise provided for, a Judge may allow on application.

Im i guessing this means they have to apply to the court to charge the above ?

Regulation 4 (2) states... For all expenses actually and reasonably incurred in relation to such work including any postage, telephone, fax and email charges.... A further sum not exceeding £2.00

Would admin fees come in this category do you think ?

The Warrant is due to run out next month, I hope to approach the solicitor for the claimant to pay off the balance. Would anyone suggest anything else if this is not possible ? i do not have the means to pay the balance off in one go.

Sherforce tell me they will take it back to court if i don't pay all the amount by the end of the 12 months and charge me all over again.

[tonycee]

You need to understand the difference, Yes they can enforce a lawfully gained WPO.

You clearly have not signed one, so by their own addmission, they cannot force entry to a private dwelling.



I have emailed the




and asked under the freedom of information act, a detailed breakdown on what the HCEOs can lawfully charge.

I will GLADLY post up any reply.

[Screw The Bailiff]

The answer can be found in Regulation 13 of The High Court Enforcement Officers Regulations 2004

[tonycee]

Yes thank you.

This information has been around for ages.

It clearly does not apply as it maybe should.

All HCEOs web sites that i have read state, we will charge approx 10% of the total amount claimed.

You work out the figures on £5k and see if they match the regulations.

[Screw The Bailiff]

If a HCEO has overcharges a debtor then they are committing fraud. It looks like the bailiffs are having a laugh.

Complete a Form 4 complaint and return it to the bailiff’s certificating court. Keep everything factual and short. Call 0207 210 0516 with the name of the bailiff to find the court name and address.

[tonycee]

S.T.B.

I luv your enthusiasm, but they must be allowed to charge admin fees that are not yet listed.

On the schedule, a £600 writ would allow £71.50 fees on a non levy visit.

Can you imagine any company travelling 86 miles and back for that kind of money.

No, i am convinced we are missing something here.

[Screw The Bailiff]

Originally Posted by tonycee

S.T.B.

I luv your enthusiasm,

haha, im a newbie introduced by an oldskool.

Originally Posted by tonycee

but they must be allowed to charge admin fees that are not yet listed.

There is no legislation that enables bailiffs to charge fees adlib.

Originally Posted by tonycee

On the schedule, a £600 writ would allow £71.50 fees on a non levy visit.

Can you imagine any company travelling 86 miles and back for that kind of money.

Regulation 13 prescribes 29.2 pence per mile, up to a maximum of £50.00 in total. Add levy goods + VAT and the minimum fee for an HCEO is £84.01.

Originally Posted by tonycee

No, i am convinced we are missing something here.

Bailiffs can take it or leave it, bailiffs might be motivated to make up fees knowing the debtor is less-informed. Defraud and risk being caught.

[tonycee]

So from where, may i ask, have you gathered so much knowledge.

[madmax1973]

Tonycee,

Grate stuff, cant wait to see that when you get a reply.

I understand the difference.

Its about them charging me what they see fit ! They have never been inside my home, nor have i signed anything. So, They are in the wrong.

S.T.B

I have been told to be very careful before completing a FORM 4 as these people have ways of blagging this and winning. So please excuse me if i am cautious until i feel i have enough evidence !! I am listening though !

[madmax1973]

Is vat charged at the end of your total bill from the HCEO (after he has slapped everything on ) or from the total debt/judgement ?

[10110001]

VAT is charged on all bailiffs fees.

The exception is for fees for collecting rent where the law doesn't provide for bailiffs to add VAT. It might be a quirk in the law and a court might have a provision to rebuke it when condidering a Form 4 complaint.