This is magistrate. More serious than civil claim, bailiffs have more power. Doubt you can apply to SJA. I'd pay and dispute it afterwards. They should accept your offer. If a van turns up, just don't let them in. Ask for a breakdown of fees.

Jeez i well and truly have been ganged up on here! Well, i did infact post a response to the original OP, so i don't think i should be sent to the stocks just yet. As for defence, yep i do maybe stick up for HCEOs. I find the fact mr.ton that you find my presence here unwanted a little insulting. Why would no one want to discuss the REAL in's and outs of HCEO's by talking to an ex-one? I know more about the business from the office side of things than any debtor has ever seen so isn't it better that my opinions on here are stated? I don't defend them though, i too have been in debt and don't like these people any more than anyone else does. But remember, a lot of debts are for people who just don't pay and cost this country millions of pounds a year (There's your recession mr.ton!). It's only a few that come on here that genuinely are being harrased for money which i agree is not on and didn't mean to get into debt. I see people though who start companies, buy millions of pounds of stock, then fold and we have to chase a ghost around for the money. Think what this does to the company the got the stock from! I think the recession that you blame for this, is actually CAUSED by this. Debt is a big issue. Maybe i do sound like i'm defending the HCEO's and I'm sorry if it comes across that way. I just REALLY want people to see it from both sides of the coin. If all we ever did on this website was post about what we THINK will happen, it would't be very helpful would it? Isn't it better to speak to me, an old HCEO who can point you in the right direction rather than assume you're correct? I'll say no more on the matter now, i thank everyone for their support on this post. I'm not arguing with a man who has 3,500 posts and still doesn't know what he's on about. Look forward to reading yet more of mr.tons 3,500 entertaining posts. Tally ho :grin:

No worries, keep in touch

I'd do both mate, I've seen cases go sour for the debtor because we never we served with an original. Even a scanned copy is classed as not original. I'd email it, then send it Special Delivery.

MATE ONE BIG POINTER!!!! Don't email it, it must have your signature on it. Print it off, mail it recorded delivery, next day delivery even better.

I've editied it slightly, i've bolded what i've changed. If you don't like mine that's OK. Yours is pretty darn good mate! Just what i meant! I look forward to hearing what they say back, please keep us informed. Good Luck -

alas - a fan!

Fees are never cheap, if they were this site would be empty! Good luck changing them, you need to imagine how many people call a day to a HCEO asking for fees to be reduced. It's hardly ever done. Sorry to p*** on your chips there.

Oooo Aaaaa

No worries, make sure if it's typed, the person who owns the goods signs it. Remember it should be coming from them. Draft it up just like a normal letter you'd send to a bank or whatever. Name address etc etc. Post you text here and i'll have a look.

Welcome to real life mr.ton. It seems you've said your piece, called us trolls and turned your back thinking your correct so i won't argue with you. I won't reveal what my background is but 5 years of it was solid HCEO! i can tell you now people always transfer them up, human rights or not, they want enforcement and that's what they get. Remember HCEO's used to be called the sheriffs, now they're called HCEO's. No difference really though, still way more power than an bailiff. Sheriffs are also reponsible for evictions, moving on gypsies etc, things like that. Not just debt collectors. As for troll comment, names don't bother me so i won't get wound up like toddle2u (p.s. thanks for your support) however. You don't know me, i don't know you. But i guarantee out of most people on this site, i have first hand on the job knowledge of HCEO's from office admin to moving vehicles, and i'll tell you now, i do not defend the industry, but at the end of the day, it IS an industry! It makes money, it has bosses, just like any other company, i worked for those companies and i got paid. This doesn't mean i like their tactics or condone them, I'm just trying to cut through a lot of the BS that's floating around on this site and tell it as it is! A troll i assume is some undercover HCEO who wants people to like them. I am no longer a HCEO, i don't care who likes them, i just want people to understand how they work a bit better. I hope that helps people out. mr.ton, you braught this on yourself, you seem to have your own set views of the court systems and seem so adamant about how you feel, it seems pointless discussing it. I can tell you now though, you seem everything but informed.

No levy, no worries.

I really don't think it is, but oh well, call it what you will, a claim's a claim! tomtubby, i'm upset about my PMs. I would have liked a response from you on that particular PM. :(

Gee thanx

Spot on, well said !! Charges (some of them) are based on levy percentage, if an officer doesn't levy we can't charge solicitors the full fees so mroe often than not an officer levies on a car just to "bump up" the levy amount. Then if the def pays in full (to either the sols or the HCEO) we get full fees based on that levy. Few people ever ask HCEO's to change this amount, when they do, it's usually done and the bosses detest it. So listen to tomtubby, make sure you're only being charged for items that belong to you. (In HCEO's defense though - whenever it was realised that the car didn't belong to the person we were after, we'd remove levy amount, so not all HCEO's are monsters!)

Don't need one tomtubby- i've never seen it anyways. I've had one cancel a debt for $100k written on a post it note! A stat dec is more to the courts saying something like for e.g "I declare that i moved from that house in xxx 08" or whatever. A Letter of Claim is just a letter, it might not even be called a claim usually. Thats just what people in the business refer to it as.

Hope that helps there mr.ton.

A claim is a little known document that when i worked in the business managed to stop nearly every job in it's tracks. It would mainly come from people who's ltd company was at their home, or if just the debtor didn't live there. It must contain amongst other things the important sentence: "I personally own all the goods at this address, nothing is owned by the company, it has no assets and is ceasing to trade" (Make sure name of owner of goods and address is on it plus signature and case number). Once they get this letter, the normal procedure is to send it to the solicitors to see if they agree. If they feel this claim is false, they can challenge it in court, but they NEVER do. I've seen debts for $200k+ where they've issued a claim, the sols admit the claim, then we never hear from the debtor again as he knows there's little we can do! We even have to mark their account with a special C to show "Claim In". It meant that any jobs with claims in, we couldn't use the words "We're coming to take your goods" when calling them. Sometimes however a sol might say that they dispute it, but they then have to do this at the claimants cost, again very rare, if ever! So if you want out, send a claim in. Doesn't get rid of the debt, but it stops any empty threats and any goods going. As for photos, forget it, i wouldn't bother, waste of time. Send the item recorded delivery. I would look at folding the company then, remember a claimant if they like can then wind you up. If you're happy with this, sit back and let them do it, however i will say, it is far more professional to use an O/R. But your choice! As for payments, i would atleast try and offer something, this always looks better than nothing, but if you don't pay, nothing will come of it. As i say, don't worry, no one will come to take your goods, if they did on the off chance, nothing will leave the house i guarantee it (especially after claim in) and if it did (worse case), it couldn't be sold as it would be a sale after a claim - ILLEGAL! So no worries! - Chillax

How are you? 4.11am, sheesh you must be worried. I didn't even know there was a 4.11am! Anyways, not really jokey mood! Back to your question:.... Firstly, your situation is common, regularly people trade from their homes, not uncommon in anyway. Is it a ltd company? If it is, then you own all the goods personally and there's nothing they can do about it. Also no, they cannot break in (unless they've previously levied) and only then would they do it if you had LOTS of stock or something. Nobody wants your PC, desks etc, not worth anything to anyone. Even if it's owned by the company. If youi intend to keep paying this debt but don't want any hassle, i would do the following: Issue a letter of claim to Marstons, send it recorded delivery. Put that you own the goods personally (or get the owner to send the letter) and nothing is owned by the company. Say business is slow and you can only offer x pounds. Some people put "you can take my desks if you like but they're worthless". This seems to make you appear more genuine but either way, no one will be taking your goods mate. As for the van date, Marstons send out thousands of these letters each day to get the debts paid. However they never send a van to back them up, seen it happen dozens of times. Bet no one shows up on the date ! You haven't got to let them in, but even if you did, they can't take anything that you've issued them claim about. Most people just write "All contents". I would admit you have a few chairs etc, sound honest. I assure though no one will remove them, not worth it! As for ceasing to trade, that's onyl a decision you can make, but do it properly, get an O/R in (if your ltd) and let them handle your affairs. That's when it get's messy, when you leave it! So make them an offer, send in details about your income - be honest, sounds like you've got nothing to hide. Also send the claim, this is important. It will be sent back to the claimants to dispute the claim but i can assure you they won't. Consider too if it's even worth paying? If you're paying too small an amount you'll never pay the debt off? Hope that helps a bit. Now get some sleep! Cheers

I'm not in UK mate so i'll respond just hang 5.

OK so, firstly, fees are chargeable, the claimants have transferred up your judgement. People moan all the time that they never received any paperwork. Most of the time they're lying, you'd me amazed how many letters get sent out prior to judegment (but admittedly some don't!). Not much can be done about this. A big problem i've seen in the past is for things like old store card bills for example. The debtor will be dealing with the HCEO firm, paying fine. Then due to system generated statements etc, the defendant gets sent something showing what they owe taking nothing into account regarding the solicitors. This is very common and proves a pain in the arse. Sometimes solicitors (as they don't want to pay the full HCEO fees will settle with the debtor outside of the HCEO then tell the HCEO to pull out as they feel it's going nowhere!!!) Marston letters always say the same thing, contact us immediately, we're coming with a van etc etc, all scare tactics. You may get more visits from officers but i can tell you no vans will be turning up at a private house, not cost effective and Marstons usually only charge about 250p/hr. Filing an N245 is for setting the judgement aside, not just to get HCEO off your back. This is for getting rid of the whole judgement. For getting HCEO's off your bacl you need a seperate order ( i forget the name). Making a reasonable offer to the HCEO firm is the best way to go. All be it, yes you are then paying charges, but the longer you pay it, the higher the charges. I bet even if you called the firm up direct and paid it in full, they'd then write to you saying they've already sent it onto HCEO and fees are owed. Or (if you're crafty) call the sols, arrange to pay in full, cash, straight away if they "abort" the HCEO's. Marstons will charge the sols about 80 quid and you only pay the initial judgement amount etc(be careful as the sols may tell you you still need to pay Marstons so use this to barter with them!) Paying direct is fine, but then follow it through to the sols and from there and ensure they send conf. to the HCEOs. If this has happened in the past, we've still chased the debtor for remainder of fees and sometimes they pay. However sometimes they don't and most still get off the judgement. Just goes to show you can get out of HCEo fees if you try!! It would go down as a "not satisfied" judgement but under the category "Def paid direct". Most times though fees are still paid even if claimants are paid direct. Communication between parties i think is your biggest prob here.

This guy knows his stuff! It is a serious thing bankruptcy, can affect you for life, just when you need that car loan or credit card etc. This really is a last resport, in the first instance, i'd consider an IVA if anything. Expensive but far kinder to your credit file! As for your debts, send a "means form" into the firm. Outlining income and expenditure and setting out payment amounts etc. The HCEO firms HAVE to put this offer to the solicitors if it's all you can afford. They may turn up at your door but they won't take anything, not from a private house. Just be honest, on time with your payments and keep in touch with them abotu your situation and things will smooth out. Send them atleast something and this should stop any more visits. If you get the letter to them sharpish about your means and show that your pretty skint at the moment, this will probably also cease any further visits. Pay it, or consider IVA. But don't go B/R you'll regret it. P.S Don't use those crappy debt IVA firms, trust me, they want money for nothing. Instead enquire with the O/R. Cheers

Send a letter of claim. Make sure it has the sentence in it: "I personally own all the goods at xxxx address, there are no assets of the company here etc etc"

Sorry "mr.ton" - guess we ain't mates then Yes businesses do have their own procedures. But some don't, some wait 40 days for example to pay, if they don't, it's Marstons, transfer up to High Court Writ and wait for the money to roll in. Yes, i think Marstons may have bitten off more than they can chew when they got with Drakes. Mr. ton i can tell you too, they do have powers, way more than normal bailiff firms. I can also tell you that police do turn up to removals etc just to keep the peace, but here i agree with you; they should be out catching murderers but then again who ever did what they were supposed to anyway? Cheers ma.....mr.ton

Good Luck if you do! :-|