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.
Had a ccj re unpaid trade account. I have had a company called High Court Enforcement to collect payment. I have arranged two stage payments to creditor who has agreed.
High Court Enforcement are charging daily intrest 58p, walking possession charges daily 29p. and statutory fees sum undisclosed.
They left a notice of seizure and inventory at my privite address but did not levy anything as it relates to my Ltd company, and there is nothing at my home address to do with company.
It states on the form a High Court No sent from the Mayors City of London county court and also giving a county court claim No. It also has in bold writing THIS IS LEFT BY OR ON BEHALF OF A HIGH COURT enforcement officer AUTHORISED TO ENFORCE WRITS OF EXECUTION FROM THE HIGH COURT.
I am a bit confused as all the reference numbers etc state county court claim.
Would appreciate some advice. I am not trying to avoid debt, but do not want to pay something that I dont have to.
Cheers
What can they rightfully charge me as apart from posting letter through door they have not done anything.
Had a ccj re unpaid trade account. I have had a company called High Court Enforcement to collect payment. I have arranged two stage payments to creditor who has agreed.
High Court Enforcement are charging daily intrest 58p, walking possession charges daily 29p. and statutory fees sum undisclosed.
They left a notice of seizure and inventory at my privite address but did not levy anything as it relates to my Ltd company, and there is nothing at my home address to do with company.
It states on the form a High Court No sent from the Mayors City of London county court and also giving a county court claim No. It also has in bold writing THIS IS LEFT BY OR ON BEHALF OF A HIGH COURT enforcement officer AUTHORISED TO ENFORCE WRITS OF EXECUTION FROM THE HIGH COURT.
I am a bit confused as all the reference numbers etc state county court claim.
Would appreciate some advice. I am not trying to avoid debt, but do not want to pay something that I dont have to.
Cheers
What can they rightfully charge me as apart from posting letter through door they have not done anything.
What has happened is that your Limited Company have been sued in the county court and as the debt is OVER £600 the creditor has the option to "TRANSFER UP" the debt to the HIGH COURT for enforcement. The writ is then called a writ of fi fa.
The company who are pursuing you are a private company of High Court Enforcement Officers.
The fees charged by High Court Enforcement Officers are laid down by Parliament under the High Court Enforcement Officers Regulations 2004 but sadly all HCEO companies charge fees significantly more than in the fee scale as they rely upon the wording of the regulations under the heading of "reasonable" fees.
Unlike council tax and parking tickets, the creditor holding a CCJ will have paid the bailiffs fees upfront when he instructed them, plus he will have paid the transfer up fee. bailiffs hard-sell a transfer-up service even though it serves no real benefit for the creditor, it only enables bailiffs to charge higher fees so you can claim the service is not required by you under Section 1 of the Unsolicited Goods & Services Act 1971. You did not ask for the claim to be transferred up and you can decline a request to pay for the service unless a fixed amount has been ordered by a court (ask to see it). If a bailiff fails to show any such order then he commits an offence under Section 2 of the Fraud Act 2006 because he makes a false representation and intends, by making the representation, to make a gain for himself or another, or cause a loss to another, or expose another to a risk of loss.
Thanks for advice debt is in relation to my Ltd company.
I went through some difficult times, Hosptalised following motocycle accident, unable to work for 5 months is what has caused all this.
Dont dispute debt as I previously said, I dont want to get fleeced by some Baliff out to make a quick buck or two. I had enough trouble already from them as I have written to them on a number of accasions informing them that the debt is in relation to my Ltd company (ccj to Ltd company) but have called twice to my home address trying to levy on items not related or owed by company, wifes car and a friends car that was parked at my house.
If this is a CCJ then the bailiff fee is just £45. if the debt is more than £600 and has been transferred up to the High Court then 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%
A note about 'reasonable costs': The law does not provide for a bailiff to charge a fee to fix or remove a wheelclamp to a car or sending a tow truck or a van to an address. The law provides "reasonable costs" for attending an address with a view to transporting goods in a van, if no goods are transported in the van then the van fee is £0.00. Culligan -v- Marston Group Ltd et-al, no. 8CL51015 the court ruled that because the Bailiff produced no breakdown of his charges, he is unable to show that it is reasonable costs. Therefore, van fees, tow truck fees wheelclamps and attending to remove fees = £0.00. More
Yes was a CCJ transfered up to the High Court, sum £2661
Paid £1,000 as agreed with creditor balance to pay this Friday
HCEO charging for Walking Possession fee, nothing ever signed by me and two items he levied were unlawful levies.
£50 arrange fee?
intrest at 58p per day from date he first visited.
and has informed me that I must contact him before I make final payment so he can calculate final figure as stautory charges have incurred.
I have been paying creditor direct which HCEO keeps asking me not to.
But as I owe the creditor the money, its him I will pay.
Paying the credit direct may not reduce the HCEO fees, he, the creditor, will have paid a transfer-up fee and HCEO fees in advance of being instructed.
Advice regarding charges
and inventory at my privite address but did not levy
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Originally Posted by voydav
