Blimey. Whilst I agree with the cost of parking, you really are asking for trouble. I hope you dont come bleeting on here when you've got a bailiff carrying your TV out of your house. Remember, it's not just cars they can seize...

You admit the judgment debt. Pay Sherforce the monies owed. Why cheat?

Unfortunately most County Courts and their staff have no clue how High Court Enforcement works even though many courts have their own section of the High Court in house called a 'District Registry'. I would lay money that the judgment was issued in one court and the writ was obtained in another. Perfectly legal. The original judgment will have its own Claim Number and the High Court Writ will have its own different Claim Number. Should you speak to the court again, ask them if they have a District Registry. Then complain to the manager that the staff are incompetant. FYI, The Notice of Seizure does not need to be sealed (dont listed to the County Court staff!!!) and most HCEOs only carry a computer generated copy of the Writ of Fi Fa so that wont be sealed either.

No, they cannot force entry into your house. They can gain peaceable entry through an open window or unlocked door. They can break into detached garages / barns. They could also remove vehicles.

Once it has been passed to the HCEO you should only deal with the HCEO. You should contact them and make payment. If you try to bypass them, firstly most claimants will not deal with you now and secondly if they have to reattend you will be liable for further fees.

(Edit) Depending on the property, the HCEO has every right to attend with a locksmith if necessary. He will not be arrested by the Police for 'going equiped to commit burglary' because under the order of the Writ he is commanded to seize in execution the goods, chattels and other property of the defedant. Now, if you genuinely are not the defendant then you should contact your county court where judgment was issued as a matter of urgency. It would be adviseable to contact the HCEO also and advise them of such. When you say the name is incorrect, is it a completely different name or is it just a 'typo' of your name?

Transfering up gives the creditor a much greater chance of payment.

poridge, you should fax a copy of the order to the HCEO as a matter of urgency. The courts will not do this and goods may be removed in your absence if you are not in to show them the order upon their return.

Having covered Sherforces work breifly some time ago I would advise that the officers are issued with the paperwork with the fees already calculated. I would assume that you have ignored the initial visits needing the HCEO to return a several times?

Firstly, HCEO's do not send letters warning of an intended visit. No legal requirement to do so, yet. As you state, your friend, who clearly knew nothing about the offence , has tried to defend the claim but has lost. PAY THE OFFICER. I would consider your friend lucky that the officer has given her time. Glad he doesnt work with me. If you wish to help your friend I would suggest you get out a credit card...

Thank you. Yes, much higher than those that do comply with the order of a court. Much higher

And what you dont know about enforcement would fill a warehouse... Congratulations HC

Posts crossed sorry, you've answered my question.

OK, so you agree with the 'trespass' aspect. Therefore, can you advise what constitutes as trespass in a residential property in the eyes of the court?... HC, yes, I have the legislation in the office and will reply Monday.

It works both ways my friend.

Thebailiff, unfortunaely you are incorrect. Firstly, you do not have to give the defendant a chance to pay. The Writ clearly states that 'you are commanded to seize in execution the goods, chattels and other property of the defendant'. Payment is a by-product of this action. Fee 12 of the HCEO rules allows fees for those not otherwise provided for. These may be the costs of running the business day to day and providing the creditors the service they require. These fees should be added at first visit. As should inventory and poundage fee. You say 2nd visit £50 - £300. Can you advise where you get these figures? There is no provision detailing these amounts anywhere...

Thebailiff, you are incorrect. HCEO's cannot enforce a Writ of Possession (even if combined with a Fi-Fa money order) on residential properties unless 'Trespass' is involved. Residential evictions must be carried out by the County Court Bailiffs which unfortunately usually takes many months! HC, yes, HCEO's can force entry to commercial premises (and barns and garages) providing they are not connected to a residential dwelling. This can be done on the first visit with no prioir warning if necessary.

Thomas Higgins are debt collectors and are contracted to Marstons HCEO for enforcement.... (used to be Sherforce) County Court Bailiffs are a waste of time, but for judgments under £550ish you have no choice. Martson and others are currently trialling the enforcement of judgments under £600 (incl court costs) and it wont be long before HCEO's are collecting them too. Hooray. I hope that danboy381 and most of the others dont owe you money as they wont pay even when the court issues judgment against them....

Little evo, I understand your points and it is refreshing to see that you have not just lambasted the industry like so many others. Yes, you are right, the industry as a whole needs reform. It can often attract the wrong kind of individual but thankfully these people generally dont last long. You've only got to watch 'rogue traders' on BBC to see how many industries are full of these people, especially the 'building' trade. For the mostpart in my many, many years in the industry the officers I have worked with have been professional in their approach to what is a difficult job at the best of times. I condemn the antics you and others detail. All I would say is if you spent a week in my office you may change your opinion on much that is posted. Remember, the 'haters' on here are only 50% of the equasion. The other 50% are over the moon that they have been repaid the monies adjudged for them that the guilty defendant has refused to pay. As I said, I have tried to right some of the wrongs on this site but seem to wasting my time to be honest. I'll stick with it for a while though.

Whilst I cant offer any real advice other than contact the council, you sound like one of the few genuine cases my company have dealt with in the past, albeit several years ago. Good luck with it and I hope you get a full refund.

I shall have a look when in the office tomorrow when I get a chance and give you some guidance. As I previously said, depending on the HCEO company it will depend on what charges are applied under Rule 12 (Miscelanious Fees). With regards to your many properties, I sincerely hope that when your tenants stop paying you rent or refuse to move out you do not employ the services of a lowly bailiff... God forbid

I can categorically state that your 100% success rate is an out and out lie. You should be careful HC, you are costing your fellow members money here... ...and you are still harping on about a Consumer Credit License.... NOT NEEDED BY BAILIFFS OR HCEOs!!!

danboy381, I joined this forum to try and correct many of the mistruths that are banded about here and whether you or others agree, I can assure you that there are a lot. I have replied to your other thread and will continue to do so. I am unaware whether it was the HCEO company I work for who you claim defrauded you but I shall trawl through your posts to try and get a better understanding. As far as 2012 is concerned, I personally will probably be retired by then but I would advise that you are probably looking at 2016 at the earliest. Even then, provisions will be made to have a ruling for 'miscelaneous expenses not otherwise provided for' which will allow any enforcement companies to make a profit. You can clearly see that without the current 'Fee 12' no HCEO business in the country could survive on the rest of the prescribed fees. Approx 400,000 creditors every year rely on us to get the money that the courts have awarded them. Whilst you may have been on the wrong end of the law at this time, when it is you that are owed thousands by an unscrupulous businessman we will see who you come running to...

Well said danboy381. We may have our differences but you are 100% correct on this.