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Confus3me

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About Confus3me

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  1. 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 and 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
  2. 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.
  3. Actual hearing was 16-Nov, I would have received the notice from court around the 18th/19th Nov. Judgement was given by default
  4. 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
  5. Could I very respectfully ask you don't split please? Unless I'm mistaken I think this could be potentially very relevant to my situation. Fully understand if you'd prefer to split though
  6. They applied for the writ prior to the judgement being paid, writ was issued on 25-Nov I paid judgement debt on 2-Dec
  7. Thanks for that (and your other replies). If they have additionally charged me interest on the visit paperwork that is based on the original debt amount rather than the amount remaining would that invalidate their paperwork by any stroke of good fortune?
  8. Of course. I didn't receive it, as I said I am sure they sent it so I can't hold them responsible for that. Prior to their visit they were made aware by the creditor I had paid the CCJ amount and the creditor instructed them to carry on with the collection. For me I paid the amount I believed due at the time, could/should the creditor have acted more reasonably and halted proceedings with the HCE at that stage with the £111.75 owing? Is there not a duty of reasonable behaviour on the part of the creditor in this case even if the law says (and it is not clear to me still if it does) I still owe the money under the high court writ? Further once I was made aware of the additionally money the creditor wanted I paid that directly to them (primarily as the HCE company bill has now ballooned to over £900)
  9. I paid the CCJ a amount only during compliance stage. Due to the outstanding £111.75 the creditor told the HCE company to continue action to recover (something I was not aware about). I have no objection with paying £90 to HCEO company and have already paid the creditor an additional £150 to cover the £111.75 and any interest they wanted to charge. What concerns me mostly is that the HCE company is asking for another £822 for stage 1 and 2 as they visited after I thought this matter was closed. For the record I am not saying the HCE company has not fulfilled their obligations and I fully accept they sent me the appropriate paperwork at the appropriate time. The HCE company is High court enforcement group limited @Andy no problem, I completely see how it is relevant.
  10. Sorry for late reply been going round in circles on this one. Spoke to issuing court who just said they need to see a letter of satisfaction from creditor and that the HCEO is working on their behalf so it is for them to tell them when to cease collection. From the dates I know the CCJ was transferred up and assigned to HCEO prior to my payment being made. The CCJ didn't give a date just said "forthwith"
  11. I do. My bank account online shows the payment was made on 2nd Dec and the creditor has confirmed they received payment on 2nd Dec in an email. Payment was made by debit card via creditors online payment system
  12. I didn't receive such a notice however they claim to have sent one on 25-Nov and I have no reason to doubt that is the case. Would that be the date they transferred it? Many thanks
  13. Thanks for replies. I will call the court on Monday. @dx...It was for a utility company (bulkLPG gas). I had a budget account with a monthly DD in place which lapsed when I changed bank accounts earlier in the year and I didn't set it up on the new account at same time wife was taken ill. That's not to say I shouldn't have dealt with this prior to it going to court so I only have myself to blame in that sense. But this strikes me as inappropriate behaviour by the company in the first place and then the high court bailiff seem to be a bunch of chancers adding nearly £1k worth of charges when I spoke with them explaining I had paid the judgement therefore asking them to justify what were they enforcing today they spoke about writs being issued and executed and were behaving correctly and it all sounded very complicated. I'll certainly look to peruse this with both companies regulators/governing bodies.
  14. Hi there, I'm looking for some advise on below as I'm not really sure what I am supposed to do next. On the 16-Nov-2015 I received a CCJ for £2,958.71. This included all costs and interest and was to be paid forthwith On the 2-Dec-2015 I paid, directly to the creditor £2,958.71 I emailed creditor on the 2-Dec-2015 to say I had made payment On the 4-Dec-2015 I called the creditor twice to confirm they had received payment. I was promised a call back. No call was returned. On the 7-Dec-2015 an email was received from creditor saying that the payment of £2,958.71 clears the judgement debt only and that further costs of £111.75 plus a further sum for sheriff fees and additional costs. It then went on to say that as I had failed to respond to the sheriffs initial compliance letter I was liable to additional fees. I have not received any correspondence from a sheriff at this stage. Today the sheriff attended my property (no one home) stating, in a letter through the door, t he amount I owe is £3,070.46 (which is the CCJ plus this £111.75 which I don't know what that is for), interest of £6.49 was added, a £90 compliance stage fee, a £822 enforcement stage fee, less payment of £2958.71 leaving a balance of £1,030.24. They have taken into control two cars and have told me to pay this by 18-Dec-2015. I called the creditor and sheriff today. I was told that despite paying the CCJ the creditor instructed the sheriff to peruse the debt in full (I guess the remaining £111.75) which had I been told about it prior to the 5-Dec-2015 I would have paid. So my questions are, once a CCJ is paid can they legally enforce the debt with no further court order? and secondly are the fees appropriate for the outstanding balance of £111.75 or are they entitled to work on the original balance of £3,070.46 despite the majority being paid?. Thanks very much!!!
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