HCEO Notice Periods

[BeauBrummie]

Hi,

 

Had a visit from HCEO last week who left a note through my door saying I owed an amount for a CCJ. This is true although the HCEO has added loads of extra charges, citing a "writ of fifa" being issued.

 

Now I dont disagree with the O/S debt on the CCJ, but can anyone tell me :

 

1) Is the Court supposed to have notified me regarding the change in status of the judgement.

 

2) Is the HCEO supposed to give me notice ie at least 7 days of intention to levy his charges and/or visit.

 

Neither of the above have happened, HCEO just turned up fortunatley no one was home.

 

Any input welcome.

 

Thanks

 

Beau

[chris600uk]

You need input from The Bailiff, or tomtubby.

 

The Bailiff is an hceo, and tomtubby deals with this stuff for living.

[BeauBrummie]

Hi

 

Any answers please!!

 

Beau

[chris600uk]

Sorry, just reread your first post. Missed the word "home".

 

The bailiff has no right of entry to your home.

 

What was the debt for?

[BeauBrummie]

Hi Chris,

 

The debt is for a supplier of some goods to me T/A------- from my home, which as I say I do not disagree with. Having spoken to the head office of the HCEO they say that they wish only to serve the writ, but have already added their charges. They seek an offer of payment which I have tried to facilitate via the suppliers solicitors but has not been accepted by the supplier.

 

By offering payment to the HCEO it would seem to me that I would be accepting the extra charges already added but were not previously warned about---is this fair?

 

Beau

Edited February 26, 2009 by BeauBrummie
added extra wording for clarity

[chris600uk]

Don't know, but tomtubby, Oh boy or Thebailiff would.

[Oh Boy!]

Hi

 

The writ of fifa is another name for warrant of execution the diff with a CEO from a bailiff is that they can come anytime day or night.

 

However they must abide by the same enforcement rules.

 

Niether bailiff or CEO have to give you any dates or warning that they are coming.

 

HCEO does not have any more power of entry than a normal county court bailiff does.

 

 

Also if the warrant is for a limited company at a private address then normally the warrant is not executable, because it is difficult to establish ownership, if on the other hand they wanted to be difficult then they could levy and the owner of the goods would need to do an interpleader.

 

It would however be helpful if we knew the debt amount the CEO charge type of business the debt belongs to, get that info and we will be in a slightly better position to give specific advice

Edited February 27, 2009 by Oh Boy!

[BeauBrummie]

Thanks Oh Boy!

 

The original judgement totalled just over £1000 including court costs.

 

Amount per HCEO as follows

 

Judgment debt ? £740

Judgement cost £253

Execution cost £102

Interest to ? £34

Officers fees £182

 

What worries me with this statement of account is that it does not show anywhere the amounts that I have already paid to the claimant solicitors.

 

It is a debt charged to a sole trader for computer software.

 

Beau

[BeauBrummie]

Update,

 

Letter from HCEO today saying that they are coming next week to vist me with "removal contractors".

 

Also state that I should phone them to arrange an appointment as it is "imperative" that I or my representative are at the premises when they call.

 

Threat of added costs in this letter is in excess of £500!!!!

 

I have statement from the creditors solicitors which does not include any of these costs and I am only going to pay what is on the judgement. I am in direct contact with the creditors solicitors and have kept HCEO up to date with developments. I have even made Payment direct to the creditors solicitors which has been included in my statement sent to me.

 

I do not disagree with this debt, but it seems to me that I am only going to get the HCEO of my back by going to court with an N245. I have offered waht I can afford but it seems that once instructed HCEO will do what he likes.

 

Any comments or suggestions greatly appreciated.

 

Beau

[BeauBrummie]

bump

[BeauBrummie]

Over the last month I have come to an agreement with the Judgment solicitors and began to pay off the debt, but I am still getting serious threats from the HCEO saying that I have not settled the writ.

 

I have written complaints to the HCEO company and now also to the judgement solicitors asking for explanantions.

 

Latest letter from HCEO says they are going to try to execute the writ again next week!!!

 

Any help in getting these people off my back would be appreciated

 

Thanks

 

Beau

[Man in the South]

I would suggest that you go for an examination of fees if you feel aggrieved. By writing to the HCEO stating that you are going for this you may find there will be a reduction of fees quickly. Fees are sometimes excessive and it appears so in this case

[BeauBrummie]

I would suggest that you go for an examination of fees if you feel aggrieved. By writing to the HCEO stating that you are going for this you may find there will be a reduction of fees quickly. Fees are sometimes excessive and it appears so in this case

 

Thanks for the reply, I have already tried in writing to gain an account of the fees but Marstons just keep churning out the same old garbage " we have a writ and we wish to serve it" I think this crew think that a "Writ of FIFA" is better than any other warrant, but hey Ive got news for them!!!

 

I have told them that I do not wish to make appointments with them and any attempt to enforce when I am not at the address will be viewed as trespass.

 

Beau

[iwwahceo]

OK so, firstly, fees are chargeable, the claimants have transferred up your judgement. People moan all the time that they never received any paperwork. Most of the time they're lying, you'd me amazed how many letters get sent out prior to judegment (but admittedly some don't!). Not much can be done about this.

 

A big problem i've seen in the past is for things like old store card bills for example. The debtor will be dealing with the HCEO firm, paying fine. Then due to system generated statements etc, the defendant gets sent something showing what they owe taking nothing into account regarding the solicitors. This is very common and proves a pain in the arse. Sometimes solicitors (as they don't want to pay the full HCEO fees will settle with the debtor outside of the HCEO then tell the HCEO to pull out as they feel it's going nowhere!!!)

 

Marston letters always say the same thing, contact us immediately, we're coming with a van etc etc, all scare tactics. You may get more visits from officers but i can tell you no vans will be turning up at a private house, not cost effective and Marstons usually only charge about 250p/hr.

 

Filing an N245 is for setting the judgement aside, not just to get HCEO off your back. This is for getting rid of the whole judgement. For getting HCEO's off your bacl you need a seperate order ( i forget the name).

 

Making a reasonable offer to the HCEO firm is the best way to go. All be it, yes you are then paying charges, but the longer you pay it, the higher the charges. I bet even if you called the firm up direct and paid it in full, they'd then write to you saying they've already sent it onto HCEO and fees are owed. Or (if you're crafty) call the sols, arrange to pay in full, cash, straight away if they "abort" the HCEO's. Marstons will charge the sols about 80 quid and you only pay the initial judgement amount etc(be careful as the sols may tell you you still need to pay Marstons so use this to barter with them!)

 

Paying direct is fine, but then follow it through to the sols and from there and ensure they send conf. to the HCEOs. If this has happened in the past, we've still chased the debtor for remainder of fees and sometimes they pay. However sometimes they don't and most still get off the judgement. Just goes to show you can get out of HCEo fees if you try!! It would go down as a "not satisfied" judgement but under the category "Def paid direct". Most times though fees are still paid even if claimants are paid direct. Communication between parties i think is your biggest prob here.

Edited June 2, 2009 by iwwahceo