I only make two types of posts:

 

Accurate and reliable information without any spelling mistakes.

 

or:

 

Accurate and reliable information with spelling mistakes.

 

As long as the information remains accurate. That is all that matters.

Exactly BA......spelling errors that appear on another forum must be due to the faulty PHABLET he uses:lol:

I think it has to be the High Court or a County Court that can deal with High Court matters, Wonkeydonkey and ploddertom are the experts in High Court Enforcement

I am tied up at the moment but I have asked PT to look in on this,

WD

The solution for the OP (since the debt is not denied) would be to make an application to stay the writ and seek a variation order ( N245) .Once they address the debt they can then look to see if there is wiggle room in the circumstances leading to it. I would start by asking the Court, Eon and Marstons what address was used to obtain the Judgment and transfer up to the High Court.

Wonder why so many pulled out ?

It's not hard to work out why the conference was so poorly attended given the agenda was geared to discussion of events that have not as yet reached a conclusion. £300+ is a lot of money for a ticket to hear nothing of advantage....mind you if 'he' had attended he could have been listed as the entertainment..... a Pinocchio tribute act springs to mind.

Lawyer, deep sea pearl diver. commercial jet pilot, bailiff expert. Hard to chose which is the more unlikely.

Ah but, claims to being a stipendiary magistrate, paralegal and a law firm must come top of the list along with being resident in France, Dubai and of course his West London home complete with electronic gates and resident housekeeper, strangely enough there is little mention to reality..... in that he lives in a semi in Crawley.

Thread moved.

 

The one name popped out and my thinking is 'How the hell did he get on the panel'

Someone trying to inflate their ego? or just plain lying as usual ...Director of a non existent company, what a joke he is, almost on par to his claims of being a 'lawyer'

https://www.publicpolicyexchange.co.uk/events/GA28-PPE

BA would you know if anything of interest resulted from the above conference?

More haste less speed......I meant to post this in the discussion forum, perhaps a moderator would be kind enough to move it over for me?

Thanks WD

In response to messages that I have received since writing the above post asking for a link to 'Sarah's' McKenzie website. I cannot provide it at this present time given that over the weekend....her website was removed.

I wonder why!!!!

If a Judgment has been awarded then I don't think you will be able to pay the original creditor directly anyway?

If the County Court has made Judgment by default (which in this instance would appear to be the case) the creditor will be awarded payment 'forthwith' ie immediately. Failure to make that payment can( or has in this case) result in the creditor transferring the courts Judgment up to the High Court for enforcement.

Once the HCEO is instructed, the creditor is bound by the T&C's of the company holding the writ to forward any direct payment made to them on, if they fail to do so they themselves could be held responsible for any costs incurred by the HCEO.

Don't really want a HCEO knocking on the door

They are EA's and not HCEO's. the heading on their paperwork is designed to lull you into thinking they are acting with their other hat on, HCEO's do not deal with Court Fines. they only deal with matters relating to the High Court.

Thank you. Is there anything I can do to prevent the HCEO revisiting my property?

 

I have paid additional money on the 13-Dec directly to the creditor to cover their extra costs and they have emailed me to advise they have sent instruction to the HCEO a that the full amount is now paid (rather than "just" the judgement debt) the creditor has not heard back from the HCEO. As this extra payment was after the HCEO visited and added the near £1k fees I'm concerned they will visit on or after the date specifed on the document put thru the letter box (tomorrow iirc) and try and take my cars, I can do without the worry!!

 

Many thanks all for you help

If the 'extra money' you are referring to was the £111.75 for the cost of the writ you have more than covered your obligation to the Judgment. As the creditor has now confirmed to the HCO the debt has been settled in full, any further 'costs' deemed due to them (HCO ) falls on the creditor.

You have the option to go to court and seek a detailed assessment of ALL the costs claimed by them. This yet another reason to send the SAR for without knowing what they are charging you for and what instruction they were given by the creditor you are stuck at first base.

Once you have all the info you can come back here get guidance and help free of charge from experienced and knowledgeable people on this forum.

Do not be tempted to engage with another forum who offer 'telephone consultation' at a charge, that person has been exposed as a con man and has cost several people thousands of £'s. he has NO legal qualifications and simply talk's the talk but can't walk the walk.

Date of judgement is 16-Nov. The enforcement notice was [allegedly] dated 25-Nov. It doesn't say if this was the date of was transferred up, I've never received any documentation in that regard.

Taking everything into consideration (as posted here) I can see a possibility to set aside There is little doubt the creditor was 'hasty' with enforcement but to your advantage is the fact the Judgment amount is now paid. This is the time to send the SAR I mentioned earlier and start to gather the facts, once you get things together you can come back here and be assured you will get all the help you need to take this to a conclusion.

From https://www.justice.gov.uk/courts/procedure-rules/civil/pdf/practice_directions/pd_part70.pdf

 

"3.1 If a judgment creditor wishes to enforce a High Court judgment or order in a county court, he must file the following documents in the county court with his application notice or request for enforcement

 

(1) a copy of the judgment or order;

 

(2) a certificate verifying the amount due under the judgment or order;

 

(3) if a writ of execution has previously been issued in the High Court to enforce the judgment or

 

order, a copy of the relevant enforcement officers return to the writ; and

 

(4) a copy of the order transferring the proceedings to the county court.

 

3.2 In this paragraph and paragraph 7

 

(1) enforcement officer means an individual who is authorised to act as an enforcement officer

 

under the Courts Act 2003; and

 

(2) relevant enforcement officer means

 

(a) in relation to a writ of execution which is directed to a single enforcement officer, that officer;

 

(b) in relation to a writ of execution which is directed to two or more enforcement officers, the

 

officer to whom the writ is allocated "

 

 

If I have read that correctly the amount on the writ must be the same as the CCJ

 

"7.1 If a judgment debt or part of it is paid

(1) after the judgment creditor has issued any application or request to enforce it; but

 

(2) before

 

(a) any writ or warrant has been executed; or

 

(b) in any other case, the date fixed for the hearing of the application;

 

the judgment creditor must, unless paragraph 7.2 applies, immediately notify the court in writing.

 

7.2 If a judgment debt or part of it is paid after the judgment creditor has applied to the High Court for a writ of execution, paragraph 7.1 does not apply, and the judgment creditor must instead immediately notify the relevant enforcement officer in writing."

 

It doesn't actually say if they have to cease enforcement but given 3.1.2 refers to the judgement debt being the amount on the writ and that they must notify the HCEO in writing I would think that is being inferred. I'll see if I can speak to someone in the morning

You say you received the ccj on the 15th Nov, do you mean it arrived by post on the 15th?

....what date was the actual hearing ?

did you attend the hearing?

did you respond to the claim pack

or was judgment given by default?

I think you would be wise to send an SAR (subject access request) to HCE. This will enable you to follow the actions the creditor took both prior and subsequent to the CCJ and writ.. Once you have the full picture it may offer a possibility to seek set aside of the writ.

I also had a creditor who was a bit to quick off the mark in instructing Shergroup to enforce a writ almost immediately after judgment. The Judge took a very dim view of their actions and not only was the judgment set aside the creditor ended up with a writ being issued against them for costs both County Court and a RCJ Master had awarded to me!!!.

Thank you for bringing the subject of Detailed Assessment up WD. It could be a point worth pursuing particularly if the HCEO is not forthcoming with a simple request asking for a breakdown in the fees charged & if that were to happen then I cannot see costs being awarded against the OP. If however the OP does gain the breakdown then it should explain what charge was made & when & if any other costs were involved. They will also need to prove the visits were made. It appears to me that what you have been charged is in contradiction to the "standard" fees permitted and were any extras not only allowed but are they reasonable for the work involved. For instance is the HCEO claiming to have a Controlled Goods Agreement or claiming a Sale Fee - if so then there must be paperwork to back it all up.

 

Whatever happens do not act in haste as I'm sure we can help.

Thank you PT, it was not my intention to raise and discuss (in depth) the subject of detailed assessment which is why I lumped costs and disbursements under the heading of 'fees', there is of course a line between the two.

My main concern was to address the misinformation the OP was given to the fact that, by submitting an n245 for variation to payments it would remove all the bailiff fees/costs, this is utter rubbish and the fees/costs WILL NOT disappear in the process.

If you are getting the run around from the Sherrif's Office then an email to one of their Directors listing your concerns may be in order. Contact Chris Badger via [email protected]

 

I have found in the past he will listen rather than turn you down out of hand.

I would go with the advice from PT.

I have to be honest and say that out of all the HCE companies that I have been in contact with over the years (to enlist help for debtors) I have always found the Sheriffs Office to be the most accomodating .They seem to be unique in that they WILL and DO listen, I really do not see them digging their heels in regarding a change of date if it would prove beneficial to all parties.

I noted you had posted elsewhere and it was suggested that by merely submitting an n245 for variation to payment would remove the fees to the bailiff, I am sorry but....that information is incorrect, you will not see the bailiff fees disappear, the best you can hope for, is the Judge hearing the n245 application will order a detailed assessment of the fees being charged. You can of course make your own application for a detailed assessment of the said fees however,...WARNING, not to be taken lightly... if you fail to convince the court there has been 'overcharging' you could be facing a massive bill for costs from the other side.

Claire Sandbrook aka sherforce/shergroup is touting herself out as an absentee HCEO to this mab.

Does the debtor "Cannot afford the HCEO Fees" still hold as reason for Stay under the new Regs?

If the debt is admitted but the debtor does not have the means to satisfy it, then it follows the 'fees' being added are also beyond the debtors reach.

This scenario can be addressed on submission of an N245 which if filed correctly should show the amount due to the claimant as ordered by the court and what proportion of the total debt being enforced are 'fees'.

So to answer your question, yes the fact the debtor cannot afford the extra burden of 'fees' can be given as additional reason to stay execution of the writ.

£50 per day or £350 per week is outrageous, as three weeks in storage will add over £1,000 to the bill so on a LO for £150, the debtor is screwed over totally. Incidentally if a vehicle is removed and a Third Part is successful and the vehicle ordered to be returned after say 2 weeks and £700 in storage fees, is the car ransomed until the innocent pays the storage, or does the LA waive that cost?

 

What is the cost that all London Councils should be charging?

I recently stored my car in a 'secured' parking facility near Newcastle airport for 1 week, the cost was £48+vat. I fail to see how the same/similar facility can warrant a fee of £50 per day.

WD

 

No, he was not involved in this case. This defendant had been represented by a solicitor specialising in criminal proceedings as opposed to 'The Guru' who masquerades as a Lawyer.

 

 

 

The background story to this case is here:

 

http://www.newburytoday.co.uk/news/n...xi-driver.html

Sorry my comments were not meant for this thread I intended to post here http://www.consumeractiongroup.co.uk/forum/showthread.php?453447-Another-debtor-found-guilty-under-Section-68(1)-of-TC

UPDATE:

 

As mentioned earlier, the defendant had another court hearing on 17th September and the case was further adjourned until yesterday.

 

At yesterdays hearing Mr Gara was found GUILTY. The court imposed the following:

 

A Community Order requiring him to undertake 150 hours of unpaid work.

 

A Compensation Order of £400

 

Victims Surcharge of £60

 

Crown Prosecution Costs of £500

JasonB the (McKenzie in this case) frequently claims his 'Law Firm' charges the sum of £2500 to represent 'victims' in court. That forum needs to remove all links to Mr B especially his ' telephone consultation' hot line,

Of serious concern is that this person was also represented by a McKenzie masquerading as a 'Lawyer' who has been responsible for a number of failed legal cases over the past couple of months that have resulted in debtors losing many thousands of pounds.

I don't have the full details as yet but, I have been given to understand there was yet another hearing yesterday which resulted in this McKenzie (ie Jason B) being refused permission to address the court, who I believe reprimanded him severely for his conduct.

Jon may just be a Jason

No...I think this is just an outlaw who lost the plot while hunting at NE Lincs Council, Rossendale's and Humberside police. who is now looking for a gun fight at the cag corral.

That is not how the fees should be calculated.

 

The first attendance MUST be at Enforcement Stage 1.

 

Stage 2 is only applied for additional enforcement work undertaken after the completion of ES1 and where the debtor does not enter into a Controlled Goods Agreement or breaches it. This fee covers all work up until the Sale Stage process.

That is how I understand the process.

It is therefore of great concern that Grumpy as a bailiff himself, does not understand this......if the way he or indeed the company he is employed by, are enforcing the way he describes is it not the case debtors are at a disadvantage?

Your parents need to contact their ward councillor by telephone and express their fears and concerns to having bailiffs call for a parking ticket that has nothing to do with them.( IMO as elected officers they should be available up until 9pm) They have access to the hierarchy at the Council and the right to intervene on behalf of their constituents.

Once the immediate threat is under control you can take time to draw up a full formal complaint.