Please tell me if the levy is illegal or legal !!

[madmax1973]

Can someone please tell me if HCEO have any rights here...

I have received a Subject Access Request and on this is states that a levy has been made. (They have never gained access into my property). I have never signed a thing either. The levy was made against the car.

The car was on my driveway, out of MOT and Tax, i was waiting to scrap it. I soon made sure the car i was actually driving was no longer in my name.

I have since scrapped that car now.

Wrong or right, i dont care !

Do they have a right to take anything else from my property other than that car ?

I have received a "Notice to remove goods" because i am no longer paying them. I have had it with them, the overall debt was £3000 after all the stuff added. (original debt £1800) I have since paid £2400 and according to them i still ow £2000.... they can sing

Can you help please ? Thank you

	Subject Access Request A Subject Access Request is a demand which you can make to any organisation to disclose any personal information which they hold on you. The right to disclosure of data is provided by the Data Protection Act. There is no time limit. The organisation is obliged to reveal everything they have about you - which you ask for - as far back as you ask for. There are very few exceptions. It does not matter whether the data is held on microfiche, in an archive, on tape, in a cardex system, in sound recordings or in screen notes. Some companies are saying that they do not have to disclose where it would be difficult to do so - "disproportionate effort". This is untrue. Disproportionate effort refers to something else under the Act. If you are seeking bank charges information then you should ask for "all data held on you" and you should make it clear that you want everything as far back as it goes. Do not be put off by excuses. Do not accept being fobbed off. It is not in your bank's interest to make full disclosure to you. This means that it is in your interests to get it. If you have not started gathering your bank charges information yet, then you should start now. There will soon be a big rush once the OFT test case has been settled. Get all of your bank account informtion as far back as possible. At least as far back as 1995. If your bank says that they don't keep data as far back as this, don't accept it. Be persistent. They've got what you need in some form or other.

[Saffronflowers]

The levy on the car on the car was legal but they cannot then go and claim other goods unless they gain another WPO.

SFx

[madmax1973]

Thanx fx,

How would they get another ?

Do you know of any reason why the solicitor to the creditor would not be able to give me the information on how much of the money that has been paid, they have received ? .. they wont tell me. They keep telling me i have to deal with the bailiff.... I do not wish to as the £1800 debt now stands at a £4000 which is ludicrous.

Thank you

[tomtubby]

The statutory fee scale for HCEO's is se by law and the key is was is "reasonable" .......the fees charged here are nothing of the sort. There are serious failings in the complaints system for this type of enforcement and I am aware that approaches are currently being made to ask questions on this in the House of Commons.


Which company is this?

If they have levied upon this car then let them remove it as it would be VERY interesting indeed what fees they would then charge.

The HCEO can only come into your home by peaceful means so if this is the ONLY goods that he can levy on outside I would be tempted to write to them to advise them to remove the goods (car) that they have levied upon but that you will NOT allow them into the home and I would tell the solicitor that because of the excessive fees there is now no possibility at all of paying his debt.

You may just find him wanting to negotiate.

Finally, have you considering completing an N244 to have the warrant cancelled and the debt returned back to the county court.

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales

[madmax1973]

Thank you Tomtubby, I'm glad you have picked up on this thread !

I have managed to speak with the solicitor to the creditor now and they have informed me that they have only received £1000 from the £2500 i have paid. Sherforce have so far had £1500 for one visit and no van in attendance??? the car has been scrapped now that they levy-ed on. (because the car was registered to my previous address they went to that address also on 15/5/07 even though the first payment was made on 5/4/07... then guess, they charged me for it

I do still have a car on the driveway belonging to my son.... he said it was ok for them to take it and he would make sure he reported it to the police as theft if they did take it! (it is registered to my son )

I am unsure where to go from here because i absolutely refuse to pay a Penney more to them sc*m bags, i would rather risk loosing my stuff.

The advantage is the warrant has expired now as the debt is over 12mths old. They simply have a "run on" to collect.I have confirmed this with the solicitor.

Sherforce say i still ow them £2000 after already paying £2500.
It means i would still ow a minimum of £800 to the creditor if that's the case. Even the Subject Access Request does not really show the fees i have incurred, it does state some, 1st visit EO fee... £150... this was dated 30/03/07... they actually visited 1st on 4/4/07 ?? i spoke with him direct on the driveway wen he left me all the paperwork relating to all this.
Admin,service fees and general charges added but does not state how much. The Subject Access Request clearly states they do not have a WPA and not signed.

They seem to charge most things to HCEO regulation part c fee 12 and have charged me for WP fee, and valuation fees. Charges have been made for DVLA & HPI search... unknown amounts.

Any suggestions where i can go from here !!

Thanx

	Subject Access Request A Subject Access Request is a demand which you can make to any organisation to disclose any personal information which they hold on you. The right to disclosure of data is provided by the Data Protection Act. There is no time limit. The organisation is obliged to reveal everything they have about you - which you ask for - as far back as you ask for. There are very few exceptions. It does not matter whether the data is held on microfiche, in an archive, on tape, in a cardex system, in sound recordings or in screen notes. Some companies are saying that they do not have to disclose where it would be difficult to do so - "disproportionate effort". This is untrue. Disproportionate effort refers to something else under the Act. If you are seeking bank charges information then you should ask for "all data held on you" and you should make it clear that you want everything as far back as it goes. Do not be put off by excuses. Do not accept being fobbed off. It is not in your bank's interest to make full disclosure to you. This means that it is in your interests to get it. If you have not started gathering your bank charges information yet, then you should start now. There will soon be a big rush once the OFT test case has been settled. Get all of your bank account informtion as far back as possible. At least as far back as 1995. If your bank says that they don't keep data as far back as this, don't accept it. Be persistent. They've got what you need in some form or other.

[madmax1973]

Hi, anyone ?

I forgot to mention too, do i need some kind of paperwork that shows the levy on the car ? i have never received a thing.

In over a year i have never had one letter from them except replies to the Subject Access Request requested and a breakdown of fees. I was only ever given the copy of the paperwork from the court showing the judgment order and their fees of £750. A thousand pound more has been added since the first visit !

	Subject Access Request A Subject Access Request is a demand which you can make to any organisation to disclose any personal information which they hold on you. The right to disclosure of data is provided by the Data Protection Act. There is no time limit. The organisation is obliged to reveal everything they have about you - which you ask for - as far back as you ask for. There are very few exceptions. It does not matter whether the data is held on microfiche, in an archive, on tape, in a cardex system, in sound recordings or in screen notes. Some companies are saying that they do not have to disclose where it would be difficult to do so - "disproportionate effort". This is untrue. Disproportionate effort refers to something else under the Act. If you are seeking bank charges information then you should ask for "all data held on you" and you should make it clear that you want everything as far back as it goes. Do not be put off by excuses. Do not accept being fobbed off. It is not in your bank's interest to make full disclosure to you. This means that it is in your interests to get it. If you have not started gathering your bank charges information yet, then you should start now. There will soon be a big rush once the OFT test case has been settled. Get all of your bank account informtion as far back as possible. At least as far back as 1995. If your bank says that they don't keep data as far back as this, don't accept it. Be persistent. They've got what you need in some form or other.

[madmax1973]

Hello, can anyone help please ? i am aware HCEO`s can not attend my property on a Sunday but tomorrow is another day !

The main question is... how do i stand wen this is just a "run on to collect ? " is the warrent still valid ?

[madmax1973]

Please anyone ?

[palomino]

I'm not in any position to help but it seems that all your questions have been answered either directly or indirectly.

Have you followed tomtubby's advice in post #4?

[madmax1973]

Thanks palomino, i get what your saying. SORRY !

But is the warrant valid if they only have a run on to collect ? Is it all the same prossecess ? do the baillifs still have the same rights ? (not much i know)

I have so many questions !

Can i do this N244 if its past 12 months ? The solicitor to the creditor wont except direct payment.

[palomino]

I don't know what a 'run on to collect' is.

Can't help with the other questions either. I think we need tomtubby to the rescue here!

[madmax1973]

Thanx Palomino !!

Im not a nagg really !

Tomtubby... i cant go any further untill i know the answer to the "above question"

Waiting quietly for your expert advice !!!!!

[madmax1973]

Any one else that could help me on the question i have asked ?

Thanx

[madmax1973]

please ?

[letsmakeamark]

File this form :
http://www.hmcourts-service.gov.uk/c...rms/n244_e.pdf

With the court. It should cost you £35.00 might be more or less. However as soon as this is in all enforcement action will be suspended. You must however make sure that what you are going to do is watertight. Until this goes back to the county court and or you pay this off. I wouldnt even think of saying anything to sherforce.

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales

[madmax1973]

Thanx

I will do the N244, but does it change anything because the warrant is over 12 months old and they only have a run on to collect ?

[craig2280]

Hi

Did you find anything further regarding your situation? I am in the same boat where Marstons Group have added over £1749 worth of fees and the solicitor of the creditor states I have to deal direct.
My warrant is over 12 months as well.

[chris600uk]

Originally Posted by madmax1973

Thanx

I will do the N244, but does it change anything because the warrant is over 12 months old and they only have a run on to collect ?

Yes max it can, but as has already been said it depends on what you are saying and offering to the court

[palomino]

We still haven't found out what a 'run on to collect' is. Since there have been no answers to this question I can only assume no-one here knows.

[craig2280]

Could you give some advice on the situation regarding the N244? If this is filed and I get the warrant suspended as I did not file a defence to the original county court action (agreed repayment plan with the creditors solicitor, who then requested a judgement by default), do the fees added by the bailiff get cancelled as well?
The original debt was £2200 and I have paid £1734. The creditors solicitor has received £1200 and Marstons and stating the balance is still £2400!

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales