HCEOs
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I see the OP is also seeking advice from the Bailiff Help Forum. Whilst some of the points they raise are valid and confirm what has been said here JasonDWB and the moron brigade still show their lack of knowledge in many areas including fee application, execution costs, the method of sending the NoE, what constitutes service and how interest is charged. You'd think they'd know better by now. Truth be told the OP should seek proper legal advice and whilst bailiff help forums can help, you can be at the hands of unqualified amateurs who talk a lot but understand very little. The OP should also be aware that following some forums advice has cost defendants many thousands in the past as some spurious ill thought out legal applications can have financial consequences. But of course, they never appear on the forum...
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The fees should be charged on the 'sums to be recovered'. If at that stage it was only the £111.75 then the fees would not incur the percentage element which is 7.5% of the debt above £1000.
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I really wouldn't rely on that site for your info. It was only a week ago that it was full of all sorts of errors regarding HCEOs.
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Thanks for clearing that up. Can I ask why you did not pay at the Compliance Stage before they visited?
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A judgment cannot be transferred up unless the sums are due and payable.
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CPR 40.7 (1) A judgment or order takes effect from the day when it is given or made, or such later date as the court may specify. Therefore if the order states 'forthwith' then this means it is payable immediately. However, this would again apply to defended claims as it will be a Judge that states the 'forthwith' in the order.
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Hi Andy, Forthwith judgments are just that. There is no 28 days grace at present.
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The period to pay will often depend on whether the judgment is defended or by default. Most defended judgments allow 14 days to make payment whereas default judgments are payable immediately. In terms of time, the creditor is not obliged to allow time for payment and neither are they to seek an order to obtain information. This is an additional cost that rarely gives them what they want as many debtors appear lie about their outgoings.
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As already stated most judgments are payable immediately (forthwith). The £111.75 is the execution costs which are £60 court fee for the Writ and £51.75 fee for the instructing solicitor. Some new and inexperienced HCEOs do not understand the £51.75 is only applicable by a solicitor and have been offering it to all creditors in an attempt to have a commercial advantage. If charged correctly, this fee will all be owed. If you paid after the Notice of Enforcement was issued you will also owe the Compliance Stage fee. If you paid after the first visit then you will owe the Enforcement Stage 1 fee and dependant upon what else has happened in the case you may also owe Enforcement Stage 2 fee. Who are the HCEO company?
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It's not clear if they are using Direct Collections Ltd's debt collection licence or another.... http://www.directcollections.co.uk/ I note at the bottom of their website page it says the following: Trading License No.: 512588. Authorised and Regulated by the Financial Conduct Authority Direct Collections Ltd is registered with ICO No. Z1001339. Company Reg. 4307699. Registered in England & Wales Address: Direct House, Winnington Avenue, Winnington, Northwich, Cheshire, CW8 4EE. Phone: 0800 091 4907 All calls to and from Direct Collections Ltd are recorded. Working In Conjunction With Direct Collection Bailiffs Ltd and DFMS Ltd http://www.directcollections.co.uk/ The fact that the logo is a fist full of cash probably says all you need to know
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It's not clear if they are using Direct Collections Ltd's debt collection licence or another.... I note at the bottom of their website page it says the following: Trading License No.: 512588. Authorised and Regulated by the Financial Conduct Authority Direct Collections Ltd is registered with ICO No. Z1001339. Company Reg. 4307699. Registered in England & Wales Address: Direct House, Winnington Avenue, Winnington, Northwich, Cheshire, CW8 4EE. Phone: 0800 091 4907 All calls to and from Direct Collections Ltd are recorded. Working In Conjunction With Direct Collection Bailiffs Ltd and DFMS Ltd http://www.directcollections.co.uk/ The fact that the logo is a fist full of cash probably says all you need to know
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You will need to ask for a breakdown of the fees charged. From the figures you mention it would appear that Enforcement Stage 1, Enforcement Stage 2 and Sale Stage have been added. It is always advisable to make contact with them before they visit, especially after the first one.
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Whilst HCEOA will not doubt take an interest in this it is the interim FCA license that this behaviour will most affect.
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Moving the date of the payment arrangement should not be an issue at all. However, the figures you have stated do not make sense so it would be wise to email the Director as suggested by ploddertom.
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In this instance the main complaints lie with the FCA and the MoJ although the HCEOA may also be interested in some capacity. DCBL's US based HCEO is not a Director of this company nor a shareholder. She merely gives them her authority to enforce High Court writs in her name since the rapid demise of her own company. Strangely, their former HCEO (who gave his name to over 15 companies at one time) is still listed as a Director and minority shareholder. It is always disappointing when a small relatively new company like this continually break rules and regulations. The enforcement industry has made some positive steps in recent years and whilst it's by no means perfect it is these very actions that drag us back.
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I agree with the comments already made, they have illegally edited a prescribed form to infer more powers than they actually have and potentially charge fees that are not permissible. One for the FCA and MoJ to deal with.
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Once the Notice of Enforcement is issued the fee of £75 is lawfully payable unfortunately. It would be prudent to pay it in full at this stage because you will soon incur another £235 when the enforcement agent visits. The Court are right in passing any monies paid now onto the enforcement company conducting the recovery.
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Nope the 7.5% is on the 'sums to be recovered'. The fees do not form part of this.
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If no visit has taken place then only £75 can be charged. If a visit has been made then a further £235 can be charged. On a debt under £1,500 the 7.5% is not applicable and cannot be charged.
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The NoE is not valid as it does not give you 7 clear days.
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What if.... That's the point. It would be for the Police to decide whether the EA followed lawful procedures during any investigation.
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That is still a criminal offence. Offences under Schedule 12 of the Tribunal, Courts & Enforcement Act (TCA) 2007 Under clause 68 of this schedule, the legislation is clear regarding the actions that constitute and offence during the process of enforcement: A person is guilty of an offence if he intentionally interferes with controlled goods without lawful excuse. A person guilty of an offence under this paragraph is liable on summary conviction to- Imprisonment for a term not exceeding 51 weeks, or A fine not exceeding level 4 on the standard scale, or Both
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To clarify, this fee is chargeable upon the first attendance to your address, it is not dependant on whether goods are seized (taken into control) or whether entry is gained.
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The answers above are correct unless you had some personal guarantee within your contract.
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Unfortunately it is your responsibility to ensure the fine gets paid. I would also add that whilst not what you want to hear, technically the enforcement agent has legally charged the fee by attending your property. You should have received a Notice of Enforcement however, so you should have known the enforcement agent was coming. It will depend on your circumstances as to what you can do next and I'm sure somebody will be along shortly to give you some guidance.
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