Hi Guys

Hoping someone can help as I am at my wits end here.

I managed to get a ccj each against 2 defendants in a joint claim.

I appointed an hceo to help enforce the debt in mid-February.

I gave the hceo an address for either defendant, links to all their social media accounts, photos of several vehicles, a car registration number for one of the cars, photos of one of their homes and limited company details (one is self-employed).

From February up until now, I have had to chase the hceo every time for updates; they never once have gotten in touch with me.

At the beginning of April, I asked for an update.

The hceo informed me one of the defendants telephoned them to say he had not resided at the address for 2 years

(I know this to be false, as his neighbour said he had left 1 year ago, and he was on the electoral register in June 2017).

Also how would he known to telephone the hceo – he must have received his notice of enforcement?

However, I found a further potential address for this defendant and detailed and lengthy proof of why I thought this could be an additional address for this defendant and gave this to the hceo on the same day.

Every time I asked for an update I got the same short, vague answer - we have attended but no one is answering.

Mid May, I asked about attendance at the additional address I had emailed them about in April, had this been attended, and was told yes.

Early June I asked for a further update, but was told to seek other means of recovering my money, that enforcement was unlikely to achieve a successful outcome. I was astounded. They had given up so easily. I asked them for a breakdown of attendances.

All they have done in these 4 months is send a notice of enforcement to one of the defendant’s, attend this same defendants addresses 4 times.

2 of the attendances were what they refer to as out of hours calls, but these were at 8.30am – haven’t most people left for work by then?

They have not bothered with the other defendant at all.

They did not even send a notice of enforcement to this defendant.

They have also not been truthful

– they did not go to the second address I had for one of the defendants as they said they did in May

I have asked them why they did not bother with one of the defendants whatsoever and they have apologized and said it was an error.

I have asked why they lied about going to both addresses for the other defendant they said this was a confusion.

They asked me for details of the second address.

I have told them to refer to the lengthy email I sent them back in April.

Again I am astonished as they have never bothered to read this email.

I have also just given them another business address for one of the defendants.

They come back with we can’t seize assets from his business.

I know this but can they not at least talk to him there.

I have found a review online about this hceo.

The reviewer states that the hceo wasted time, were not communicative (exactly how I feel) and refunded the reviewer’s money.

I have asked to be refunded but they refuse.

The say they are now going to try and remedy the situation by attending those addresses they have failed to do so, and that I am lucky as most hceos only make 3 attendances on any address.

Obviously I have little faith in them.

Sorry for the lengthy post, and I hope I have been clear in my explanation, apologies if not,

but my question am I legally obliged to I allow them to carry on, or can I demand my money back.

What are my rights?

Owned by marstons...

Say no more.

Go elsewhere.

Thank you sgtbush!

Do you think I can get my money back given their poor performance? I think it is breach of the consumer rights act but they are saying they are going to try and remedy the situation.

I know they do refund as I mentioned in my original post. But they are quite adamant they wont in this instance. Just wondered if anyone had been through the same and had any ideas on how to change their minds?

Also any suggestions of where to go next?

It is going to be awkward trying to get anything back but nothing ventured nothing gained. The trouble of course is what would you do next?

Just because yo tu have a Judgment against someone is no guarantee you will ever get paid what is due to you. Enforcement is supposed to help you but before taking this step you need to do a bit of homework first - after all if the Debtor appears to have nothing then there is little point of continuing as all you are doing is paying out and getting nothing back. Did the HCEO ask you a raft of questions about your Debtors or were they just wanting to take your instructions?

ploddertom - The hceo never has asked one single question, just the instruction!

Sounds familiar - have a flash website to convince people to join up but offer no or very little advice. Did they inform you of their T&C?

Burlington Group have 2 Authorised HCEOs and they are responsible for all the actions their Enforcement Agents do, you can direct any complaints to them direct.

Nicholas Davy Todd - [email protected]

Christopher Badger - [email protected]

Thread moved to the appropriate forum...please continue to post here to your thread.

Re titled and thread tidied.

Regards

Andy

Sounds familiar - have a flash website to convince people to join up but offer no or very little advice. Did they inform you of their T&C?

 

Burlington Group have 2 Authorised HCEOs and they are responsible for all the actions their Enforcement Agents do, you can direct any complaints to them direct.

Nicholas Davy Todd - [email protected]

Christopher Badger - [email protected]

Should mention you will need to take any spaces out of the email address that CAG site software puts in.

Apologies Andy, thank you for moving!

ploddertom - cant thank you enough for your time and effort. Yes it was one of those named above I am dealing with, and who I have the complaint with.

The online sign up makes you sign that you have read the t&c's.

However looking at the t&c's now the a few things crop up....extracts from t&c's and my comments in bold

1)Burlington Credit Limited will regularly review all matters in which they are instructed. Burlington Credit Limited will take the necessary steps to progress the matter they are instructed to act in. If upon reviewing a matter, it is felt that further instructions are needed from the Instructing Client these will be sought.Unless I approached them I never heard from them.

2)Burlington Credit Limited will from time-to-time make recommendations to the Instructing Client about future actions which the Instructing Client may wish to consider and which may be helpful to the Instructing Client considering the available options. However these recommendations do not constitute legal advice and any reliance upon such recommendations are entirely at the Instructing Clients own risk.Unless I approached them I never heard from them.

3)Burlington Credit Limited will provide the Instructing Client with reports from time-to-time during the life of the Instructing Clients instructions. The purpose of these reports is to keep the Instructing Client updated and so that any issues can be resolved quickly. The Instructing Client will need to actively participate in this process when needed to respond from time-to-time.I have never had any report.

4)All Debtor(s) will be sent an initial letter (known as a Notice of Enforcement) to the Enforcement Address advising them of the statutory period and pending execution before any attendance is made by the HCEO or an Enforcement Agent. Notice of Enforcement sent to 1 debtor only, according to Burlington.

5)The Enforcement Address or any alternative address provided will be scheduled for a maximum of 3 attendances, unless otherwise agreed by Burlington Credit Limited.Only 1 address has been attended out of the 3 given, even though attendance to this address has been 4 times.

6)If upon attendance at the Enforcement Address the HCEO or Enforcement Agent is unable to secure payment of the Debt, even in part, and there is no payment forthcoming and there is no offer to make payment, Burlington Credit Limited will advise the Instructing Client and seek further instructions.I was told 'enforcement is unlikely to achieve a successful outcome and in view of this you may wish to consider alternative form of enforcement'. Basically go away!

7)Generally, Burlington Credit Limited will make attempts to collect information from the Instructing Client and from public databases to establish the Debtor’s current telephone number(s). Information gained from the HCEO or Enforcement Agent’s visits will also be used to assist in the execution. Never been advised if any telephone number has been established.Most of the information I have given them has been ignored.

8)If it becomes apparent during the course of execution that execution is likely to fail for any reason Burlington Credit Limited will report to the Instructing Client explaining the position. I had to ask what was going on, I was never reported to.

9)If, after all of Burlington Credit Limiteds best endeavours, it is not possible to either seize goods or assets and no payment could be obtained Burlington Credit Limited will withdraw in the matter and return the instructions. In these circumstances the Instructing Client would not be liable for any further fees, costs or expenses in-relation to the execution. This will be done in the form of a report and if the Instructing Client want to discuss other enforcement options then the Instructing Client should contact Burlington Credit Limited at the earliest opportunity. No report. Told me 'enforcement is unlikely to achieve a successful outcome and in view of this you may wish to consider alternative form of enforcement But only again because I asked for an update.

Don't worry about me having named them as the list of HCEOs is publically available anyway. Out of the 2 I would deal with second one as have found him to be very reasonable in the past.

Thank you sgtbush!

 

 

Do you think I can get my money back given their poor performance? I think it is breach of the consumer rights act but they are saying they are going to try and remedy the situation.

 

 

I know they do refund as I mentioned in my original post. But they are quite adamant they wont in this instance. Just wondered if anyone had been through the same and had any ideas on how to change their minds?

 

 

Also any suggestions of where to go next?

Under the Consumer Credit Act, they have right to try to remedy a complaint by "repeat performance" (55(1)). Even if you made a claim against them, it is unlikely that you would receive a full refund as they have completed part of the contract, you would likely receive a partial refund if anything.

Legally under HCEO rules they are entitled to the compliance fee from you on failed enforcement £75 per action.

Hi

Just hoping for some help with a hceo issue.

I instructed the hceo against joint defendants who reside at different addresses.

One (debtor A)I did a address search on, the other (debtor B)I know his address from companies house filing (I have correspondence from companies house to the debtor at that address dated March, 2019) and from photos that correlate on Facebook.

Debtor A

The hceo managed to get into the home of debtor A, via his girlfriend letting them in. The debtor himself  was currently out. 10 minutes later the hceo spoke to the debtor and requested payment to avoid removal of goods. The debtor refused to pay so the hceo searched for and listed assets - I think to make controlled goods agreement (?) although they concluded not enough assets there to adequately to pay the debt. Debtor A then turned up pretty quickly after and was still refusing to pay, however he offered to pay on a payment plan but this was refused by the hceo as being too low, and they gave him 24 hours to raise funds and pay before removal of the assets.

The hceo went back 2 weeks later(!), and then a few days after that. There was no response to the hceo attendance. They now tell me the assets listed would not cover the cost of removal. I asked them about the offer of payment (I take it from what I have read this would also be listed on the controlled goods agreement), but the hceo never responded to this.

Debtor B

The hceo are telling me they cannot find the address for Debtor B, and that they are being told the house has been demolished, yet I have photos of the defendant outside this address. This property has been in the local newspaper, as the owner (not debtor B, as he rents this property) was letting it deteriorate and not paying council tax and was given an ultimatum to pay, and renovate the property or the council would sell it. I have given the hceo all of this information with links to face book and to the newspaper. However I will do a formal address search if necessary.

I have given them car registration numbers (both have motorbikes and cars) but they tell me they cannot do anything unless they sight the cars themselves. So I asked by what means of transport did debtor A arrive so quickly and they tell me they never noticed.

They now want their abortive fee, but I don’t feel they have even tried yet.

As regards debtor A is there any come back with his offer for a payment plan. Something is better than nothing!

As regards debtor B, I feel it is ludicrous that despite all my information, they have relied on someone they chatted to in the road. I will go back with the companies house letter, the newspaper article and maybe suggest I do a tenant find. 

Can anyone advise what my next step should be?

Many thanks for any help, I am tearing my hair out.

Thread moved to the appropriate forum...please continue to post here to your thread.

Regards

Andy

Sorry Andy, and thanks for moving to the right place! Appreciate it!