Dont worry welsh1, I think ncf is trying to be funny.

Rob, Dodgy Geezer is living up to his name. Contact one of the HCEO's listed and ask them yourself.

I honestly believe you are taking the wrong course of action here. As I always say, you should take some legal advice and judging by what you say above, you clearly havent. I have a few questions for you: What is your definition of a 'valid' Walking (not 'walk in' btw) Possession? Why do you believe the enforcement officer was not acting in the capacity of an HCEO? Why do you believe the enforcement officer was acting under the authority of his General Bailiffs Certificate? Did a third party make a claim to the goods that were levied within 5 days? Did you prove the ownership and show finance details of the Jaguar? Have you got a sealed stay of execution? Looking forward to your replies. HCE

Good, that would cost you £750 and would mean you'd never get paid!

National Enforcement Services are only Certificated Bailiffs and do not have a High Court authority, so cannot enforce your CCJ.

You clearly fall into the realms of the 'vulnerable person'. If this is as you describe, then the Bailiffs concerned need to be brought to task immediatley. Other Caggers here will advise you on what steps you need to take.

Stat Demand is the last step if the HCEO fails. You're maximum liability to the HCEO is just £119 (£50 court fee and £60 plus VAT abortive). And that's only in the unlikely event they cant get the money. From a sole trader with a business, I just cant see that. A solicitor will usually charge £400 or so to draw up a stat demand. You will then have to get it served (£90 or so). That doesnt get you paid. If he refuses, you've then got to make hom bankrupt at cost to you!!! If the defendant is in any sort of trouble, you may be doing hIm a favour!!! HCEO all the way. Of course I would say that, but it's true.

Marstons are one, the others are: HCE Group - www.hcegroup.co.uk Sheriffs High Court Enforcement - www.thesheriffsoffice.com Sherforce - www.sherforce.co.uk

If the action of the HCEO prompts the defendant to pay you directly then you should either pass the payment onto the HCEO or reject it. It is very unlikey that you would be charged anything. It is advisable to not deal with the defendant once it has been passed to the HCEO. Always direct the defendant to the HCEO. As the defendant is an individual trading as a business then include the home address in your instruction. It probably wont be necessary to go there but it will help. As I said, some HCEOs are better than others. Have a look at their websites by searching 'High Court Enforcement' on Google. Only four I know of work nationwide.

If the defendant makes a payment to you prior to obtaining the writ (could take 3 weeks) then yes accept it. Notify the HCEO you use and they will credit it from the sums due. Is the business a Ltd Company or is it and individual trading as a business? More importantly, is your judgment against the correct party? If the defendant has a commercial premises then yes, the HCEO could technically force entry. This wouldnt be a first resort as usually entry can be gained fairly easily, especially to a car showroom. Most HCEOs would want a signed indemnity from you if you wanted them to force entry straight away. This would cover the locksmith charges etc. I'll stick my neck out, but this sounds a fairly straight forward job.... famous last words....

I do undertand what you say and would state that I personally take everybody on face value. The point I was trying to make is that unfortunately I do regularly meet with the professional fraudsters that I have previously mentioned. Before anybody jumps on that, I am not suggesting that you are one of these. What I would also say is that the defendant should be aware that technically the HCEO is not there for the money. The HCEO is sent to recover goods to sell at auction and raise the monies due, as even after judgment these have not been paid, or attempted to be paid. Of course the reality is that it is this very process that prompts payment, as nobody, HCEO included, wants to take goods to auction. The HCEO company in your matter seems to be doing things in a very odd way and could well be making a rod for their own back. It may be that the manager needs to get some urgent guidance from his/her bosses.

If the defendant has broken the terms of the variation order then you should proceed with instructing an HCEO. You should cancel the County Court Bailiffs. Unfortunately, you are not the first to realise they are a waste of time. Most HCEOs will transfer up your judgment free of charge but you will need to pay a £50 court fee for the issue of the writ of fi fa. Remember also, that if they are unsuccessful you will be liable for a £60 abortive fee. Not all HCEOs are the same, some are better than others, so do your research. Good luck.

I cannot understand why the WP charge would be so much and I would agree that no fees under 13.5(3) should have been charged if what you have said is correct.

ncf/onlyme, please ignore me.

I cannot answer this. I have no idea why your money was held without there being some kind of stay in place. The HCEO has a duty to pay out the creditor after the 14th day if unless ordered otherwise by the court. With regards to interest, most client accounts are not interest bearing.

They cant force entry unless they have been inside previously and levied on goods. This is a standard letter. They WILL NOT attend with locksmiths.

FYI, when a Bailiff starts working for a particular company and goes through his training the certificate is usually issued at the court nearest to the companies head office. If he leaves this company either to work for somebody else or become self employed he may elect to get his renewal at his local county court. Just though I'd point that out.

If the car is in your name and you can prove that you paid for it then there is nothing they can do. Contact the issuing council and advise them of the facts that you are estranged from your husband etc etc.

In my experience, this would be less than 1% of cases. Even if the debtor had moved from the original judgment address they would almost certainly have known about the debt and been chased by the creditor previously. I know I sit on the other side of the fence but honestly, the people I deal with day to day are not the vulnerable/pennyless people this forum always suggests. Many are experineced fraudsters living a nice life by knocking everybody else. 75% of my cases are against businesses by the way. More often than not theyre also trying to hide behind different Ltd Co's also. Anyway, any monies paid have to be held by the HCEO for 14 days anyway, under the 1986 Insolvency Act. During this period the defendant could request that the monies are paid into court pending a hearing.

If the company you are talking about is who I think it is, I would advise that their fees are representative of the costs of running a National HCEO firm giving creditors the freedom to use them should they wish. I liked Master Rose. On 3 seperate cases I was involved in he allowed each and every fee that was charged by me. Why does everything have to be sent by PM, it's like little school kids whispering behind the teachers back. Post your detailed assessments on here or are you scared they'll show the HCEO fees as legitimate?

(edit) I will say this again, Caggers need to get independant legal advice and not just heed the spurious ramblings of an unqualified fool on here. My opinion, of course.

Onlyme. Different HCEOs charge different figures for a 1st attendance under Fee 12. This is due to different companies having different running costs and different wage structures for their officers. It does not matter if anybody is in the property, a levy can be done in the defendants absence. The writ does not have to be served on the defendant either, like you keep stating. A Notice of Seizure taking control of goods should be left on a first visit if nobody is in. This may detail speceific goods or list all goods on site to satisfy the sums due. The fees are applied at this stage, and rightly so. I do not want or need to meet with you. You and some of you're fellow Caggers bitch and moan at everything I say in any event. No matter what I advise I get shot down. You had your day in court and were awarded some of your fees back, incorrectly I personally think, but that was the decision of the Master on that day. If you had paid the creditor in the first instance you wouldnt have had a judgment issued against you. If you had paid the judgment you wouldnt have had enforcement officers in attendance. But, whats done is done.

My understanding is this. If nothing is levied then there is no charge. However, unlike Certificated Bailiffs, HCEOs do not need to detail every item. A levy of the part is good for a levy of the whole. Therefore, if the HCEO lists anything he has technically levied on everything. I would further argue that an HCEO can levy through a window, which would be deemed a 'constructive levy' by a Certificated Bailiff. It is accepted by Masters that valuation fee is charged on the debt due as it is impossible to precisley value goods which will sell at auction. Your money is not stolen. The HCEO applies charges that they consider are deemed justifiable and acceptable. If a Master decides they are unreasonable then they are refunded. I am aware of many detailed assessments where the Master accepts all the HCEO fees, but of course you do not hear about them on here. Of course most debtors want to argue every fee (and dont want to pay any) but you must remember High Court Enforcement is the last of a long line of demands for the money.

Nintendo Contrails, what about the fees under regulation 13.12. You again omit these even though you know full well that Masters allow these... yawn... You dont want to end up costing the Cagger money by not telling them all the facts again do you?

Before you listen to Nintendo Putrails advice please understand that the National Standards for Enforcement state the people may be potentially considered as vulnerable if they fall into particular groups. You are not automatically included. However, that aside, if the I believe you do fall into this category and you need to notify the issuing council immediately.