very long story which I will add later today, if possible,

but your question of {did you make offers to the creditor before ccj } made me think because I made the offer which they refused,and yet when we went to court they accepted the exact amount!

http://www.consumeractiongroup.co.uk/forum/showthread.php?398804-Help-with-a-judgement-and-visit-from-HCEO-**Partial-Refund-Obtained**

but I am not a business,

just a pensioner who has now fees which like yours, didn't apply ,

I have now paid all but 200 which they say I still owe,

did it cost you much

and how did you go about taking them to court,

As I am new on here I dont know how far I can go asking personal questions ,

but I know ,{ I am not being arrogant} that the original debt was just so flawed , and

I cant seem to find out how to go about proving it,

I am not disputing the money owed on the debt ,

but the lies which were behind it,

and it need not have gone this far paying all the HCEO fees,

As I said I dont know how far to go on here, with company names etc,

I would like to copy and paste the costs etc ,

but is this allowed,

because then I can explain a bit more in detail what happened?

Long story ,

had delivery of oil which I HAD NOT ordered which was £739 ,

it was signed for by my partner who just thought I had ordered it,

I asked them to come take back on same day,

they refused and said I had signed up to their top up service, which I had not,

as always paid for my oil when I had saved enough money,

I couldnt afford to pay all that at once and save weekly for my oil as well,

I made them 2 offers, which they refused,

next thing I knew was an HCEO was at my door, with a writ

I explained I didnt know anything about the court proceedings,

and was just waiting for the claimant to get back to me again to see if we could come to an agreement,

they had gone to the High Court which was around 200 miles form me,

I had to ask him for it to be set aside,

he did an inventory and went away.

The original court case was 27 1 2011 and I wasn't aware until 7th june 2011 . ,

The reason for me posting is the fees are very high,

having read some of the comments on here, are not right,

and they are still chasing me for more,

and keep stating about 2004 regulations .

I have got an email with court papers and fees,

and also a breakdown of fees,

which are a joke,

even more of a joke is the fact that my monthly payment which I have paid to the court is the exact amount I offered the claimant and was refused out of court

on a debt and judgement of 795 with the court costs,

I have now paid 65 payments of 35 .00 and DARE NOT cancel it as they told me in an email they will enforce again,

For the last 3 weeks I have nearly drove myself crazy trying to find out what I can do to claim these fees back,

I dont have a problem about paying the oil debt,

but I do have a problem with their under hand way they have gone about it and now I am owing money to my friends who have been helping me pay this,

I would be really grateful for any advice, thank you x

so did you get it set aside [The CCJ?]

if so there should be no bailiff fees as it resets everything.?

dx

OK you have paid some £2275 towards this debt. To be blunt if you have been paying £35 per month then I doubt you will have paid much off the original debt as the HCEO will be taking his fees as well and they will be adding interest at a daily rate. As for asking for Set Aside this should have been directed to the Court and not the HCEO as he will have done nothing about it.

You say you have a breakdown of the fees charged - is this up to date or an old one? How much was the original CCJ for?

so did you get it set aside [The CCJ?]

 

if so there should be no bailiff fees as it resets everything.?

 

 

dx

so how come bailiffs are involved then?

if it was set aside

all/any bailiff fees are wiped and the claim is reset

so you agreed a tomlin order with the claimant?

where do bailiffs now come into this?

dx

The original debt and costs as set out

original debt 730.94 ,

judgenent costs , 65.00 ,

execution costs 111.75,

sheriiff fees 554.69

v a t 110.94 ,

total 1578 ,

then written on side of amount in pen,

states with costs 1962.03 ,the 8percent from the original date at 17 p per day adds 310.25 ,

altogether makes 2272.25, and

my payments are 2275 paid up until now,

hope this makes sense!

It was originally in the high court,

then the HCEO came

then was set aside to our county court and a payment plan which I have always and still am paying.

so you didn't get the original CCJ set aside??

so what did you get sat aside then?

did you use the N244? and pay the fee?

if the CCJ was set aside it resets everything inc any bailiff involvement

YES it was set aside in our Local county court where I was ordered to pay 35.00 a month which I have done , right up until last month and the direct debit is still live, so what can I do ?

I am sorry, but I am also confused here.

You say that you went to court to have the judgment set aside and that supposedly this was agreed and the repayments were set at £35 per month.

I am therefore assuming that the 'set aside' was not accepted and you were ordered to repay the debt (at a rate of £35 per month).

I am trying to to understand why bailiff fees are still included. Did the court order you to pay the fees?

glad i'm not going mad BA....

L O L , I

am sorry ,

it is very confusing,

The claim was put to the High court ,

which I never knew about until the H C E O came with the writ,

I couldnt pay the whole debt at that time

{ I had offered the oil company 35.00 a month at this time}

but they obviously had asked for the court to deal with it, and refused my offer out of court,

I asked the H C E O what could I do,

he said I couild ask for set aside ,

but he came in and done an inventory first ,

I went to our local court and they set the amount of 35.00 a month which I have paid ever since,

I started to look into all this when the HCEO said about owing them more money and that they would enforce it!

I really am not giving a sob story here,

but it has been hard paying this and now a different light has been shed on it ,

I really need to do something about it,

The fees were on the court papers,

but also some were added in pen ,

I would like to be able to show the whole court papers on here if possible,

as I think that is the only way people like yourselves can actually see what is going on ?

Can I do this ?

Hi I have explained as well as I can, but as I said to our friend, I really need to put the actual court papers on here if I can ,

Have just read that HCEO have to give 7 days notice of their visit, is this correct?

Can I get permission to put court papers on here, ?

Can I get permission to put court papers on here, ?

Any docs are best put up as PDF files and you need to remove all identifying markers on it. Failing that click the little black triangle that lets you report a post and ask for help from the Site Team.

Have just read that HCEO have to give 7 days notice of their visit, is this correct?

Since April 2014 the answer is yes but yours pre-dates that and is still covered under the old rules where no Notice was required.

 

L O L , I am sorry ,it is very confusing, The claim was put to the High court ,which I never knew about until the H C E O came with the writ, I couldnt pay the whole debt at that time { I had offered the oil company 35.00 a month at this time} but they obviously had asked for the court to deal with it, and refused my offer out of court, So I asked the H C E O what could I do, and he said I couild ask for set aside , but he came in and done an inventory first , and then I went to our local court and they set the amount of 35.00 a month which I have paid ever since,I started to look into all this when the HCEO said about owing them more money and that they would enforce it! I really am not giving a sob story here, but it has been hard paying this and now a different light has been shed on it , I really need to do something about it, The fees were on the court papers, but also some were added in pen ,I would like to be able to show the whole court papers on here if possible, as I think that is the only way people like yourselves can actually see what is going on ? C an I do this ?

 

It looks as if the only application that was considered was your offer to pay the £35 per month. Can you remember what Form you filled out at the time & how much you were supposed to pay for the application.

I am sorry, but I am also confused here.

 

You say that you went to court to have the judgment set aside and that supposedly this was agreed and the repayments were set at £35 per month.

 

I am therefore assuming that the 'set aside' was not accepted and you were ordered to repay the debt (at a rate of £35 per month).

 

I am trying to to understand why bailiff fees are still included. Did the court order you to pay the fees?

I suspect only a Variation Order was considered and if so then the Claimant can still ask this is paid via HCEO.

In an earlier post you say the HCEO did an inventory - do you still have a copy of this? Can you list the goods exactly as described on the Inventory?

Yes I do but will have to go through my papers later today so I can put details on,

Later today can I please put the court papers on, I thin k it is the only way ,as I am not that good at putting things across. !

I am still extremely confused. What is the relevance to this link in your first post?

http://www.consumeractiongroup.co.uk/forum/showthread.php?398804-Help-with-a-judgement-and-visit-from-HCEO-**Partial-Refund-Obtained

I put that post in wrong thread, is there anyway I can send you the actual court papers ina private message or email please?

Thank you for your email dated the 30th January 2017 and we note the contents therein.

We are not demanding that you pay the balance immediately; we are only confirming as requested the outstanding balance and advising you of our bank details, with the possible repercussion of not paying.

We can confirm that the debt is accumulated from the original Judgments and from cost rewarded to the claimant. Furthermore because of our involvement, further fees have been added in accordance to the regulations of the year 2004.

We would also like to confirm that the monies we have received from you are split between ourselves and the client/claimant at a rate 50/50. This is done in accordance with our terms and conditions, which we have with our client.

As requested, please see attachment of the documents you have requested.

We hope this clarifies our position in regards to the above matter.

Yours faithfully,

We can confirm that the outstanding balance is £192.11which must be paid quote your reference number . Card charges apply.

Our bank details are:. Please ensure you quote your reference, . You may also use the same details to set up your own on-line banking arrangement.

Failure to pay this balance may result in our Officer’s further attendance, which will incur you extra costs.

Please make your payment today to avoid further action. This is another email , I have taken their name and bank details out and my reference number,

Later today can I please put the court papers on, I thin k it is the only way ,as I am not that good at putting things across. !

I have asked if a member of the Site Team can give you a hand to load your docs.

How to upload Documents to the Forum

You can post up images/letters by this method immediately. You don't need 10 posts

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

BUT......

ENSURE: remove all pers info inc. barcodes etc

but leave all monetary figures and dates.

DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS

.

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or http://www.freepdfconvert.com/

or

use http://www.pdfmerge.com

convert existing PC files to PDF [office has an installable print to PDF option]

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice DD -mm-yyyy TSB

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

YOU DONT have to put a link to the attachment in the msg box. Just upload it ..job done

dx100

Thank you so much,

as I think it is the only way ,

as I really dont know which way to turn with this,

I have so much information in emails form 2011 from the claimant and HCEO firm,

right back to when I offered to pay for oil in instalments

and even for when they said I had signed up over the phone for their top up service,

when I asked for proof they said it was old data and had been wiped,

I am not naming and shaming ,

just need to know where I stand, and

a big Thank you to all who have advised me so far,

now off to pick grandson up ,so maybe some time before I reply x

Do you have the date when you asked about the top up service?

if you want help with docs I can give you a secure email to send them all too and i'll put them up for you

just scan them as a picture

Hi again,

I think I may have attached the files correctly. I had my daughter paint out the identifying details. Please let me know if this hasn't worked,

Thanks again for any help

Sorry, one more document, which is the bailiffs breakdown.

docs1.pdf

well done

right - so you stayed the writ to allow time to set aside the CCJ

but you never progressed it and went ahead with the actual CCJ set aside

Yes , it went to our county court and I was ordered to pay 35.00 a month.

I can now understand what has happened here. When you made your initial post, instead of starting a new thread, you posted a question onto the end of the following thread from 2013. The moderators then started a new thread for you.

http://www.consumeractiongroup.co.uk/forum/showthread.php?398804-Help-with-a-judgement-and-visit-from-HCEO-**Partial-Refund-Obtained

Your case is an extremely unusual one in that you have been paying a sum of £35 per month (as ordered by the court) to the enforcement company since 2011. Such a low amount is problematical because of the monthly interest that is being added to the judgment.

You have now almost cleared the debt and bailiff fees. There is a small balance of approx £190. You consider that the enforcement fees are too high and that you would like to now explore how to recover some of these fees. Unfortunately, the regulations specifically provide that queries regarding enforcement agent fees need to be subject to Detailed Assessment. This procedure will involve an application to the High Court and should not be taken without proper legal representation.

My personal opinion is that an approach should be made to the Sheriffs Office to ask whether consideration can be given by them to removing the current balance (of £195) from the account thereby bringing the matter to a close.

PS:As a long time user of heating oil and having had various 'top up' service myself over the years, I can fully appreciate the argument that you are putting up about the oil delivery. However, the fact remains, that you cannot revisit that period given that you have been in a payment arrangement since 2011 and have almost finished paying the debt. You need to put the matter of the oil companies debt and judgment to one side.

Thank you for your reply and advice and I can see where you are coming from,

I also know that there has been Big mistakes here,

and I can not afford to just let it go,

I am going to our County court this afternoon ,

to get some information as to what I can do,

because having read the 2004 regulations they kept telling me,

I can now see and prove for definite they have charged too much for services they did not provide,

if that is the way to put it,

I do have the emails etc, from back in 2011 with information which can now hopefully help me to get some of my money back,

I am and have been a carer for my husband for last 15 years and do not have the money to throw around and certainly not to give away to some-one who has ripped me off !

I dont have a problem with having paid oil company,

even though they went about it in a very sneaky way,

what I do have a problem with is greedy people ,

who just turn up and like to scare you ,

and then rob you blind!

Everyone has to make a living .

but I do wonder these days who you can and can't trust.

thanks again for your help. will post again when I get more information , as I am not going to let this go .

Sorry for late reply , they said it was November 2009 and the oil was delivered in 2010 .

Did anyone make any sense of the above document please?

also if you can explain to me {probably again} Enforcement 13.12 and the inventory fee were on the day he called with the writ, 7th june,

but 12 attend and admin and mileage fee were on the 11th may ?

I have been reading through the regulations 2004 and unless I am missing something I have been really overcharged ,for things they have NOT done,

it really sticks out a mile ,so why can't anyone see or believe it?

I am not meaning the people on here, I mean everyone else !

I just keep hitting a brick wall today,

numbers out of date ,

local court had closed down,

so will be ringing the court tomorrow where this was first ever done.