Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
A complaint against a High Court Enforcement Agent needs to be made to the High Court Enforcement Officers Association.
Google search will find details.
HOWEVER...a word of warning!!! The Association is a self regulating organisation. Up until lthe ast last few weeks the Head of this association was the owner of Sherforce Ltd who are one of the largest High Court Enforcement Companies !!
The High Court Enforcement Officers Association is a private company, not an industry regulator so complaining to them wouldn't be worth your time.
The best route to settle a dispute with a High Court Enforcement Offcier is in the small claims track. https://www.moneyclaim.gov.uk/csmco/index.jsp The law prescribing HCEO fees for collecting unpaid writs (not county court Judgements) is Regulation 13 & Schedule 3 of The High Court Enforcement Officers Regulations 2004. Broadly speaking it provides:
Where the sum due is £100 or less - 5%
Above £100 - 2.5%
Mileage Charges - 29.2p per mile Max £50
Seizure of goods - £2 per site
Walking possession fee. £3.25 a day
Transport and storage of removed goods "Reasonable costs" Not for gain - See Cullighan vs Marston (bailiffs) Group Ltd. It's probably nil.
Valuation of goods - "Reasonable costs" - must be actual disbursements, not for gain.
Sale of goods by auction Up to £100 - 15%
Next £900 - 12.5%
Above £1000 - 10%
Unlike certificated bailiffs, HCEO's cannot enter a property without permission. They are the same as a common debt collector but with a fancy name.
A complaint against a High Court Enforcement Agent needs to be made to the High Court Enforcement Officers Association.
Google search will find details.
HOWEVER...a word of warning!!! The Association is a self regulating organisation. Up until lthe ast last few weeks the Head of this association was the owner of Sherforce Ltd who are one of the largest High Court Enforcement Companies !!
Hi TT
I guess this guy is an agent serving on behalf of the Company as he does not appear to be on the HCEO register.
I have asked repeatedly since March that I be given details of his certificate and the Court from which he obtained it, but of course this has been ignored.
Resulting from a very detailed complaint sent to the Company as a result of information obtained from the SAR they provided, I received a reply which clearly shows they had not even read the complaint in detail for it never came close to answering any of the issues raised.
Previous to my original letter of complaint regarding the disgusting threatening behaviour of their agent another party in this matter also sent a written complaint to the Company involved but yet again no reply was received. (all corresondance has proof of posting and in most cases were sent recorded delivery)
I also questioned the charges this Company had imposed but as usual they did not even bother to address the subject, however..... following the set aside of the original judgement they wrote and offered to refund £xxxx but did not explain what this amount represented, on reading the letter further it was suggested the amount on offer would hopefully satisfy ALL the issues I had with them.
It would have been nice to have the amount on offer since my legal costs (mainly for advice) are eating away at my life savings BUT I will not condone the behaviour displayed by their agent when serving the writ nor can I ignore the disgusting manner in which this Company have handled my complaint and questions and I will most definately not respond to Blackmail.
Unlike certificatedbailiffs, HCEO's cannot enter a property without permission. They are the same as a common debt collector but with a fancy name.
Thanks for that Happy Contrails, does the above mean that he had to ask permission to enter a commercial premises which is freely open to the public. The person in question threatened to smash down any locked door and refused to give any Breakdown in the figures he quoted - as if he just plucked anything out of thin air.
This was for a CCJ which was transferred up, but then won a set aside as the Claimant had claimed the wrong sum of money (too much) which they were ordered to repay. What now happens to the fees paid to the HCEO.
HCEOs can enter commercial premises, so if the public are free to walk in, so are they. He did not need to ask for permission. Once entry is gained, bailiffs and HCEOs are free to seize 'goods' and break open locked doors or cabinets, if necessary. So once he gained entry, he had free rein.
I don't know that a small claims court is going to be able to deal very well with the HCEO's behaviour; it sounds like the Association should be the first port of call if the company refuse to respond.
Fees are best recovered via a detailed assessment in the High Court because the small claims court may not the expertise to deal with such matters and also the High Court or Costs Office can decide the fees.
I think the Walking Possession Fee is 25p per day, by the way, not £3.25 per day
I would try the Association first, then the Costs Office but the 'behaviour' aspect of the case may be difficult to prosecute...
As I have said MANY TIMES here on CAG....it should ALWAYS be the case that any complaint should first be sent to the relevant bailiff company to resolve.
In many cases we have found that sending a template of your Form 4 Complaint is all that is needed to resolve the issue.
That is correct but it is not the bone of contention.
This "HCEO" was given every cooperation during his visit however he behaved to my staff aggressively. I was not at the premises at the time and the person he was seeking was also not on the premises. He was given this information but continued to cause a nuisance. He was also invited to call at the home of the person he was there to see and offered proof the premises he was attending were not those of the debtor. He introduced himself as a HCEO but in reallity he was only acting as an agent to a firm of HCEO's.
My staff were not to know this and were given the impression his threats to remove all the stock from the premises carried serious consequences if they did not assist him.
I am amazed it will need court time, for what is after all simply the need for someone to wrap him over the knuckles and offer an apology.
The debt has been paid the set aside was ordered but the nightmare continues !!!
PT
"dickhead "you refer to has a name but I have no idea where he came from, going by what I was charged for mileage suggests Newcastle upon Tyne, I am close to court hearing date so will give his initials as DW but will not publish his full name yet.
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Re: Advice Please Form 4
Originally Posted by tomtubby
