Pls HELP

[u20pia]

Hi, first of all let me say thank-you to all the wonderful advice on this forum. Without which I would've possibly gone crazy with worry regarding my current problem.

Here goes;

5 days ago, my mum called me at work to say that a high court enforcement officer was at her house (she let them in without knowing not to) regarding a debt my bro. had been taken to court for.

She told him that my bro. is out of the country (which he is) and that he only has a room in her house and his only possessions are his clothes. And that everything in the house is hers.

I have never heard her so scared in her life. They proceeded to unplug all the cables of her tv, dvd player pc etc. and even the homechoice box!They told her that they were taking all her goods, unless she can furnish them with receipts there and then.

In the meantime, she's hyper-ventilating so i asked her to put him on the phone. I explained to him that everything in the hse belongs to her and that he doesn't have any right to take them away but he only told me the same thing about providing receipts AND that the only way he was going to leave without the goods is that if she paid them some money on the spot.

Cut a long story short, she handed him 500 in cash and he demanded that she would come up witjh a further 2000 on the 11/3 and another 3740.80 on the 25/3. He also left her with a walking possession agreement.

The following day I took her to a CAB office, but had no luck (not as much as ALL the help I found by reading threads from this forum.

Thank goodness for this forum as she now has a stat dec of ownership which was witnessed by a solicitor yesterday. I will send them this on monday. Should this be enough to invalidate the walking possession agreement? I'm worried as they might use force next time they come back as per the walking possession agreement.

There is also a small matter of my bro's car (on finance- for which they verified by calling the company itself) which they clamped (and un-clamped after the 500) Will they now go back for the car, as they will get no joy from my mum's house?

Pls help...as you can imagine, I am stressing for my mum's sake!

[u20pia]

Also, on one of the paperworks the HCEO left my mum, they are adding 89 pence INTEREST on my bro's debt PER DAY, and they have been since 2005. Is this allowed?

[sillygirl1]

If it's been to court and is a subject of an order they can only add what the order requested. I suggest you get a copy of the order from the court to check this, 89p sounds rather a lot - it's usually 8% interest per month, rather than 8% interest PER DAY which I heard one person state recently.

[chris600uk]

I would pm tomtubby at http://www.consumeractiongroup.co.uk...r.php?u=162414 and Court officer speaks at http://www.consumeractiongroup.co.uk...r.php?u=193153, and ask for their comments.

Wish I could help more, just don't know enough about HCEO's

[tomtubby]

I would suggest that a Statutory Declaration is signed by your mother as soon as possible and that this is sent to the High Court Enforcment Company. This is a delcaration signed by your mother and sworn as well that confirms that all items in the home are hers.
She MUST NOT pay any more money.

I believe that the Walking Possession is invalid as it must be signed by the debtor, ie: your brother. This debt is NOT your mothers and she should never have paid any money. I do understand why she did though.

Can you send a message to Court OFFICE on CAG as he can help you with this one.

[u20pia]

thanks guys! i'l pm them straight away and hopefully get more advice on what to do.

[Screw The Bailiff]

Originally Posted by u20pia

Also, on one of the paperworks the HCEO left my mum, they are adding 89 pence INTEREST on my bro's debt PER DAY, and they have been since 2005. Is this allowed?

The law that sets applicable fees for HCEO's is Regulation 13 of The High Court Enforcement Officers Regulations 2004. It doesn't provide for a bailiff to charge interest. Anyone charging interest or a gain must have a Category A consumer credit license pursuant to Section 21(1) of the Consumer Credit Act 1974 and anyone trading while unlicensed commits an offence under Section 39(1) of the Act. That means techincally, its a criminal offence so check the bailiffs credentials.

Originally Posted by u20pia

Hi, first of all let me say thank-you to all the wonderful advice on this forum. Without which I would've possibly gone crazy with worry regarding my current problem.

Here goes;

5 days ago, my mum called me at work to say that a high court enforcement officer was at her house (she let them in without knowing not to) regarding a debt my bro. had been taken to court for.

She told him that my bro. is out of the country (which he is) and that he only has a room in her house and his only possessions are his clothes. And that everything in the house is hers.

The bailiff should have left the property immediately. The levy is invalid because a) the goods don't belong to the debtor, b) Your mother is not liable for her sons debt, and c) the debtor is outside the bailiffs legal jurisdiction thus, no walking possession fee applies.

Originally Posted by u20pia

I have never heard her so scared in her life. They proceeded to unplug all the cables of her tv, dvd player pc etc. and even the homechoice box!They told her that they were taking all her goods, unless she can furnish them with receipts there and then.

She should have contacted police on 999 reporting a robbery-in-progress and a suspect still on the premises. The police can determine ownership of the goods and ask the bailiff to leave.

Originally Posted by u20pia

In the meantime, she's hyper-ventilating so i asked her to put him on the phone.

Did she require medical attention resulting from the baliffs visit? she can make a perosnal injury claim against the bailifs liabiliy insurer. Let me know if you want to explore avenue.

Originally Posted by u20pia

I explained to him that everything in the hse belongs to her and that he doesn't have any right to take them away but he only told me the same thing about providing receipts AND that the only way he was going to leave without the goods is that if she paid them some money on the spot.

Cut a long story short, she handed him 500 in cash and he demanded that she would come up witjh a further 2000 on the 11/3 and another 3740.80 on the 25/3. He also left her with a walking possession agreement.

If the bailif returns then call police as described above. You mum can ask the bailiff for the return of all money paid because she is not laible for the debt. The small claims track is a simple process & she doesnt need a solicitor.

Originally Posted by u20pia

The following day I took her to a CAB office, but had no luck (not as much as ALL the help I found by reading threads from this forum.

Thank goodness for this forum as she now has a stat dec of ownership which was witnessed by a solicitor yesterday. I will send them this on monday.

It doesnt need to be signed by a solicitor. Send the bailiff a letter telling him you own the goods.

Originally Posted by u20pia

Should this be enough to invalidate the walking possession agreement? I'm worried as they might use force next time they come back as per the walking possession agreement.

The bailiff cannot force entry because the debtor does not live there. If yuor mum feels intimidated or threatned then she must call police straight away. A bailiff cannot force entry or threreaten her with a locksmith with an invalid levy.

Originally Posted by u20pia

There is also a small matter of my bro's car (on finance- for which they verified by calling the company itself) which they clamped (and un-clamped after the 500) Will they now go back for the car, as they will get no joy from my mum's house?

A car on finance cannot be seized if the final payment has not been made.

Originally Posted by u20pia

Pls help...as you can imagine, I am stressing for my mum's sake!

Put the mockers on the bailiff, send him a letter based on this.

DATE

RE: Your visit to my home on [DATE]

I write following your visit to me and I have had an opportunity to seek legal advice.

I now understand I am not liable for my son’s debt and therefore you cannot order me to pay on his behalf, nor can you lawfully levy on my goods and you were told you my son is out of the country. Your levy is invalid because the goods belong to me. His motor vehicle is on finance and the final payment has not been made, so I now require a refund.

You admitted charging interest, I understand the law does not provide for you charge interest and you are committing an offence under Section 39(1) of the Consumer Credit Act 1974 because you are trading in money-lending for gain while unlicensed and you risk a criminal prosecution.

You misrepresented your powers as a HCEO because you claimed you could levy on my goods for my sons debt and I will now prepare a complaint to the Ministry of Justice thereto and contend you are of dishonest and unfit character to continue trading as an HCEO.

I now require you to refund me the sum of [£TOTAL AMOUNT] within seven days. Please note that for the avoidance of doubt I will automatically start a claim in the county court to recover the money from you plus accosts allowed by the court if you fail to make that payment.

As obtaining money by making a false representation is a criminal offence under Section 2 of the Fraud Act 2006 you may be liable to criminal prosecution which can stop you working as a bailiff under Regulation 4(2)(a) of The High Court Enforcement Officers Regulations 2004.

Please refund the money as described above so we can bring this matter to an amicable and lawful conclusion.

Yours Faithfully

[u20pia]

screw the bailiff,

there is light at the end of a tunnel....thank-you!

[Screw The Bailiff]

y/w, tell your mum not to panic. It might be an idea to arrange for a visit by a local police liason officer & discuss the legal position. It might allay her fears of being broken into by bailiffs. If the police say it's a civil matter then show them a hard-copy of s2 of the Fraud Act and s21 & 39 of the Consumer Credit Act 1974, and have the bailiffs recepts handy.