madpriest
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Everything posted by madpriest
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Latest My friendly HCEO (So nice to have them on MY side for a change) reports as follows: They finally received back from the Central County Court the signed and Sealed N293A (Combined Certificate of Judgemenet and Request for Writ of Fieri Facias). Then (bless their hearts), they out one of their people on a train to London and personally went to the High Court in the Strand to actually get the writ of Fieri Facias) which they sent a copy of the me. It is an innocuous looking piece of paper but powerful and loaded. The words are delightful .... "Elizabeth The Second, by the Grace of God, of the United Kingdom of Great Britain and Northern Ireland and of our other realms and territories Queen, Head of the Commonwealth, Defender of the Faith. To **Name Of Officer** an Enforcement Officer authorised to enforce Writs of Execution issued from the High Court etc etc etc YOU ARE NOW COMMANDED to seize in execution the goods, chattels and other property of Santander UK plc authorised by law and raise therefrom the sums detailed in the schedule together with fees and charges to which you are entitled. And immediately after execution to pay the claimant the said sums and interest. Witness The Right Hon, Christopher Stephen Grayling MP Lord High Chancellor of Great Britain. Lovely Jubbly. I am informed that the lads are going into their head office today or tomorrow watch this space
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Dealing with this case is like walking through treacle. Latest - we needed to get a combined certificate and writ of fi fa. The HCOE took it over and sent it to the County Court Centre in Salford (although its named "Northampton") and there it sat and sat and sat. Finally the thing gets signed and sealed on 1st March and they said "It's in the post" Not received - we phone every day. At one time you could go down to your local county court and get it sorted straight away but now we have to send them off to a central office. So much for the governments localisation agenda !! Anyway - watch this space. The HCEO are itching to get into Santander's head office !!
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Just to clarify matters regarding rights of entry. An HCEO has a right of entry to any commercial premises (S)he doesn't need a levy or anything like that. He needs a writ from the High Court. The most common writ is a 'Writ of Fi Fa' or Fieri facias which commands the HCEO to seize goods. They usually of course try to get the money but they are actually commanded to seize goods. They can and do enforce entry to commercial premises sometimes with a locksmith. I have seen them threatening a a huge international company with breaking in because the jobsworth at the gate wouldnt let them in. Very useful if you have a judgement against a large company as I do and am in the process of putting HCEO into Santander. Also useful if you have been awarded damages at a tribunal for say unlawful dismissal or something. Sometimes they wont pay up. The HCEO will recover it. They aint all bad and can be useful if you are the little guy against the big guy. Hope this helps
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we are in waiting mode. Judgment in default obtained. No acknowledgement - Application in process for Writ of Fi Fa through HCEO Fees paid etc. My guess it will be 3 weeks. I am ringing the court twice per week to see whether there is any application for setaside - No Applications received and still no acknowledgment. Usual Santander Cockup
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I've entered this thread somewhat late. (Always late to the party). I want to introduce a new word into the proceedings YEAHBUT (Usually used by errant teens to their parents) Yeah But I agree with you all but ... Baliffs and HCEO's. Two seperate and distinct animals in law. I'm old enough to remember my father at the receiving end of county court judgements and actually being put into prison for debt. Those bad days are over now but people still suffer a lot. In my job as a country parson I have to act as advocate for a lot of people including some who are homeless. As in any profession, there are good ones and bad ones. In relation to HCEO's though the BBC Series is constructed to create "Good Telly" The series focuses on a firm called "The Sheriffs Office" which is a trading name of "Sheriffs High Court Enforcement Ltd" in Croydon. The actual name of the Registered HCEO is a man named "Peter Watt". All the other heavies seen in film, are agents of, or acting on behalf of Peter Watt, who acts on behalf of the High Court and Claimant. One think to remember is that in this case, Peter Watt, is responsible in law for the actions of his agents etc. Some other firms of HCEO's have more than one registered HCEO. As someone else said, it depends on which side you are looking. In my particular case, I have been suing Santander. http://www.consumeractiongroup.co.uk/forum/showthread.php?373594-Bounced-Cheque-Cause-for-Action-for-Damages I've now received a Judgment against them and having considered all my options, I'm sending in the HCEO's unless of course Santander get a 'setaside' or 'stay'. I thought about using the heavies but I decided to send in a little lady who is herself an HCEO and talk to the local branch 'nicely' but with insrruction if she doesnt get the money in cash or card (no cheques please) then the lads outside are going to start taking computers. This is turning their weapons against themselves. I have no qualms. Am I being Mr Nasty against Santander?
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OK so i've had a response from one HCEO in my area as follows: From reading your email you seem to have done your research and you are correct – the court fee is £60 on sealing the High Court Writ of Fieri Facias (Fi Fa) and we charge £50 plus VAT in the event that we cannot collect on your judgment. This is the total exposure to costs and fees that the Sequestrators and Parochial Church Council would be liable for. Couldnt get much clearer than that
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Postman hs arrived bringing with me the judgement from Northampton County Court Its entitled "Judgement for Claimant (In default)" and its form N30 However it says "To the defendent ... You have not replied .... You must pay ...." There's no notice to me --- is this correct - all you get is a copy of a notice to the Defendent? Ok so off we troll p.S. Ignore the question above. I've looked it up. Thats all I get. A copy of the Judgement that was sent to the defendent
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thanks slick132 for that. The company in that BBC series are actually called "The Sheriffs Office" which is the trading name of a company in Croydon. Their terms of business say that apart from the £60 court fee, the only other thing is if the execution is a wash-out they will write a report and you get charged another £60 for that + VAT so exposure = £132 However there is small print in that if there is a set aside or some other things, then they can charge you for the work done. So I'm emailing others to ensure that my max exposure is the max exposure and nothing else. Watch the space
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Thanks for that useful bit of advice. Get them to agree maximum fees in advance in writing
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Thanks - the post did bot bring the judgement so I can't move yet although I was informed over the phone by the court that judgement was given yesterday - we await the mailman. I've done some more research and have decided to go the HCEO route rather than baliffs for a number of reasons as follows: Firstly, County Court Balliff is £100. Those guys get paid whether they recover or not. They give Santander 7 days notice of visit thus giving space for Santander to apply for a stay of execution or a set-aside Second - you are a little mistaken about costs of HCEO The costs upfront are £60 for a fi fa. The HCEO takes care of all the paperwork from hereon. They give NO notice of intended visit - they will either get the money or remove property. If the enforcement fails, (unlikely) my further outlay is £60 fixed fee for the visit + VAT so my total outlay at worst is £132 - I can live with that The thing that finally persuaded me was NO notice of visit. Also the idea of turning the weapons that the Banks use against themselves seems full of irony I'll keep you all informed
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County Court Baliffs at £100 or should I pay £60 to up it to HCEO (the big boys)
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Ok - Latest news from the court Santander did not acknowledge claim. Default Judgement Requested Default Judgmenet GRANTED in the total amount >£4600 What Next - Do I have to move fast/ Send the Baliffs in before they get a chance to set aside? Totally amazed at the lacksadasical attitude of Santander. It could be that they really didnt receive it but its strange that two other letters sent to the same address elicited a response Happy Daze
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Request for Judgement sent today as no acknowledgement of service. The idea of a couple of heavy bailiffs entering my local branch of Santander to seize their property brings a smile to my face
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Bugger I've just noticed that I issued the claim against Santander at their POBOX address used for complaints. It's not likely that we can enforce against that is there? Certainly cant send the Bailiffs around to a POBOX? Should I make application to change the address? I was just about to apply for judgement today !!
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"The Rain Falls on the Just as well as the Unjust" and "Whatever thy right hand findeth to do, do it with all thy might" aka "smack 'em hard"
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An interesting development today. The end date for Santander to acknowledge claim is tomorrow 25/1/2013. What with the snow and the late post, I decided to call the court today to see whether any acknowledgement had been registered. As of today, nothing. I confirmed that as of 'close of play' tomorrow, I can proceed to judgement although I was informed that even after tomorrow they can still acknowledge so I have to get my judgement in quick. It's a case of the first one entered into the system. I also raised the question about an N244 for a Hearing to Assess the Award. I was told that it was 'not needed' for the following reason: If my claim had asked for damages at the discretion of the court it would have been entered as 'unspecified amount' and the appropriate fee for a claim for 'unspecified amount' would have been asked for and then it would need a hearing to assess. In my case I have asked for a maximum of £4500 at the discretion of court and it is this amount that has been entered as a 'fixed amount'. It was explained that I can proceed without a hearing. Good News indeed. I await tomorrow and I'll call the court around 4:00pm to see whether any acknowledgement. If not my request for judgement goes off my special delivery for first thing Monday. Fun and Games eh?? I'm still going to prepare my case on the basis that they will eventually fight it and I need some idea of what the bundle should contain, in what order etc Thanks and regards
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@bankfodder You'll recall that in my post #10 I gavve you this link http://fs.practicallaw.com/5-504-4195#a283174 It's now been blocked - you need to be a member Did you print this resource out or save it? Thanks
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@santanderbankgb Nothing but problems and charges,
madpriest replied to jo5ephedward5's topic in Santander
It beats me why they haven't responded to your Subject Access Request. I assume you sent the £10 I assume you kept copies of the letters If it is now over 40 days then the next step is to issue an N1 at your county court There are templates available to force the issue. The issue of a beautiful N1 usually concentrates the mind -
Thanks The form N244 as an application for a hearing to assess the award is the same form N244 for them to apply for set aside. Is this correct? If so, any ideas on how I should prepare the form for my application for hearing for assessment? Cheets
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Thanks for that This is the paragraph from the POC Quote And the claimant claims £131.00 compensation for actual loss plus damages not exceeding £4500 for inconvenience and damage to reputation to be decided by the court plus interest pursuant to s.69 County Courts Act 1984 Endquote Do I still require that special form??
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What with the Christmas closure, the "Notice of Issue" shows that it is deemed to be served on 11th January. They say that Santander have until 25th to acknowledge. I guess I can call the court on the afternoon of 25th and if no ackowledgement registered with their system then I can send a Request for Judgment to hit them first thing Monday. Having said that i can't imagine them not fighting it. If they DO miss the date, then it's likely to be the law of cock-up rather than deliberate. We'll see ....
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Well they have till Friday 25th to file an acknowledgemt. I am assuming that they will at the last minute and then defend the claim. (I am not sure that they will want a full BCOB hearing - however they could 'pay me off' to make me go away. My question and I'm sure its answered somewhere. Assuming we go to court, what constitutes the 'bundle' I have to prepare? Thanks
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Another Question. If a claim (even under 5K) gets allocated to the Fasttrack/MultiTrack is there any way in which the court could order that the costs would not be laid against a small claim?
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Sits twiddling thumbs for 28 days
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Well - after the initial hiatus and the Christmas holidays the new county court system sum into place and my N1 has been delivered to Santander. I've got a Notice of Issue Now lets see what they come back with in 28 days. My guess is that they will fight this because they dont want to be seen to lose a BCOB case Laters ...
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