tg167
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Hceo
tg167 replied to tg167's topic in Bailiffs - Help with Dealing with Bailiffs and Enforcement Agents including HCEO
is that the answer ?? -
A friend needs some help...a bit confusing so here goes. He borrowed some money from someone with a letter stating he would pay it back in a month, he's plans fell apart so the "man" turned it into a loan with weekly payments and charged him interest. it was too much for him and he couldn't pay, it went to court and he filed a defence saying he was going to fight it, but then the judgement as entered even through he sent off the paperwork and didn't hear anything. The bailiff side is ok cos he knows he score but where does he stand with the guy charging interest on the weekly payments (before it went to court) does that make it an agreement under the comsumer credit act, would this guy have to be a licensed credi broker etc to charge the interest ?? any case law would help,,,thanks
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Jayne - ok thanks you had goods from supplier so the court would be minded to say that you knew full well about the debt, you never paid therefore the other side took action and the bailiff is entitled to charge fees as long as they are proper. HCEO can appoint any person they wish to enforce writs for them,
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not going to argue with you over this -its there problem, but they do not state they are a limited company, anyone in there right mind if having a business should be limited so if it goes under only the company goods can be taken...but not so if its a trading as company, they can attend anywhere that the debtor has goods. the courts are starting to NOT give set asdies due to people moving as it deems them to have not informed the person owned the money because they didnt want to pay them. set asides are not taking up to 2 months to hear some firms are sending agents round to houses / businesses before hand now and taking photos of property to prove they have been there and claim they left letters in door etc.. you try to explain to the judge that you knew nothing about the CCJ when having it set aside and they tun up with photos of your house and car stating they attended and dropped paperwork in door advising you they were taking you to court, Judges are throwing out set aside claims because too many people think they can just say they didn't know about it / get court paper work by post. lets not fall out over this
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They don't mention anything about business rates ???? your assuming this is business rates. they may be a sole trader and if so have goods that can be taken in the shop... tools of the trade relate to single items for example if you were a private hire driver, they can take your car because its the license that is your tool of trade not the vehicle the court would accept that you could work for someone else with the license. i was a sheriffs officer for 10 years.... they state after months of harassing letters and phone calls, threats and general rudeness and ignorance. the bailiffs finally turned up and removed goods. - what else did they think they were going to do ?????
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A HCEO doesn't have to be certificated, he is appointted by the LORD CHANCELLER.....what is the point of sending a wind up letter !!!!!! a HCEO can appoint anyone to act on his behalf - they are not or do not have to be certificated - BURP you keep advising people to send the same letter if your going to advise them the make sure its the correct information... don't let them pin there hopes on crap.... for a list of fees etc see The High Court Enforcement Officers Regulations 2004
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