Help!!!

[scatz1972]

Cant you apply for a stay of execution

 

http://www.insolvencyhelpline.co.uk/debt_factsheets/dealing_with_debts_in_the_high_court.php#8

[scatz1972]

The fees for a HCEO are towards the bottom of the page

 

The High Court Enforcement Officers Regulations 2004

[Trader Jim]

The fees for a HCEO are towards the bottom of the page

 

The High Court Enforcement Officers Regulations 2004

 

Whist most of the fees are set out, the HCEO will claim most of its costs under section 12 (Miscellaneous), but these costs it says can only be awarded by the master, judge or court and they would need proof of that.

Check to see if they have charged for walking possession and valuation, if they have never been onto your premises and had you sign anything they cannot charge this.

[Confused_Uk]

What's a stay of execution, and how do I go about doing this?

 

They've only got as far as the driveway, no further than that, where they illegally levied on my sister's cars, didn't attempt to come into the house, probably because the dog was running around the garden Lol

 

Waiting to find out exactly what has been charged off of them

 

From the list of fees that I've just read the maximum they should of charged is two travelling fees ie £100 nothing has been seized or signed by me, they levied incorrectly so can they charge for this? Even if they could that would only be a maximum of £6, on first visit, they didn't do anything just left

[Confused_Uk]

Hi Everyone,

 

Please find attached copy of Financial Statement from Bailiffs.

 

They've charged me £105.75 to pay by instalments

 

Are these charges legal, if not, what do I need to do next?

 

At this rate, I'll never get it paid off

 

Please help

 

Ps Not sure if I've added attachment correctly, more help needed please

Edited April 28, 2009 by Confused_Uk
Extra Info

[Confused_Uk]

Quick update, have spoken to Bailiffs Manager, apparantly charges are on the account, just in case they need to charge them , I haven't been charged them apparantly, they're there just in case, not quite sure why they are showing as owed, but then again what do I know, Lol

[hallowitch]

cant read statement from bailiff

charges added to your account just in case my arse they been caught adding unlawful charges hope you have that recorded

[Confused_Uk]

Hi HalloWitch, yes call was recorded Any idea's how to enlarge statement?

[hallowitch]

most on here recommend photbucket if i got to post anything i use my daughter lol

[Confused_Uk]

Right, here we go again, Lol

 

Hopefully this attachment will work

scan0001.pdf

[Confused_Uk]

Woohoo, it worked

 

Now can anyone help, what do I need to do/write etc if they are illegal charges

 

Also Solicitors told me Bailiffs don't take their fees first, they take a % of each payment I make

[felicity2009]

Woohoo, it worked

 

Now can anyone help, what do I need to do/write etc if they are illegal charges

 

Also Solicitors told me Bailiffs don't take their fees first, they take a % of each payment I make

 

 

 

Hahahaha! Thats so funny!

 

Well then, they won't mind if you pay your creditor direct. They can always ask the creditor for their fees.

 

I suspect, once the creditors are on the recieving end of demands from their own bailiffs, it will be an interesting learning experience for them.

 

Sorry I can't help you with the charges all that much. I'm in a similar situation myself and would love a definitive answer.

[diddydicky]

the bailiff would normally do a check with DVLA to see whose name theya re registered in

 

the registered keeper is not necessarily the owner but being on your drive with your name on the docs is enough justification for him to seize them

 

however if i was the bailiff concerned i would have clmped them there and then so i suspect it is a bluff

 

if they are genuinely not yours and you have irrefutable proof they ar e not then get the owner to move them- the owner of the goods is not the person on the warrant therefore they commit no offence by removing them

[Confused_Uk]

Hi DD,

 

Cars are genuinely not mine, as proved by log books and receipt dated last year, long before Bailiffs became involved. Moving them is not an option, need them to get children to school.

 

As for questions over fees, is it worth sending a sars request, or do I just make a few payments and then request another statement?

[diddydicky]

then i would send them copies of the logbooks recorded delivery to forestall any problems

[diddydicky]

whilst all this is going on lets go back a few steps

 

1/ was the ccj taken out against you at a previous address?

 

2/ (dont have to answer this on forum if you dont want to) do you have OTHER unsecured debts?

 

if the answer to any of these is yes then you have grounds to apply to have the original CCJ set aside:-

 

in 1/ because you were not aware that the ccj had been taken out and you had not chance to defend it (will not work if it was taken out against you at present address)

 

2/ more likely they may well have obtained a charging order if you failed to comply with the terms of the ccj you need to know so contacta the court concerned and find out if a charging order has been issued - again you should have had the opportunity to contest it so it may well be a lie however - if you have (had) other unsecured debts it can be argued that this creditor has sought to gain an advantage over other unsecured creditors

 

you need to look into the debts section of the site and search regarding applying to s et aside judgements - you will find all you need

 

a charging order on its own cannot enable the bailiff to sell your home but the creditor could- if you continue not to comply with the terms of the ccj apply for a forced sale- this is why is is CRUCIAL to find out from the court if in fact a charging order does exist and not just rely (with respect) on forum comments

[diddydicky]

whilst all this is going on lets go back a few steps

 

1/ was the ccj taken out against you at a previous address?

 

2/ (dont have to answer this on forum if you dont want to) do you have OTHER unsecured debts?

 

if the answer to any of these is yes then you have grounds to apply to have the original CCJ set aside:-

 

in 1/ because you were not aware that the ccj had been taken out and you had not chance to defend it (will not work if it was taken out against you at present address)

 

2/ more likely they may well have obtained a charging order if you failed to comply with the terms of the ccj you need to know so contacta the court concerned and find out if a charging order has been issued - again you should have had the opportunity to contest it so it may well be a lie however - if you have (had) other unsecured debts it can be argued that this creditor has sought to gain an advantage over other unsecured creditors

 

you need to look into the debts section of the site and search regarding applying to s et aside judgements - you will find all you need

 

a charging order on its own cannot enable the bailiff to sell your home but the creditor could- if you continue not to comply with the terms of the ccj apply for a forced sale- this is why is is CRUCIAL to find out from the court if in fact a charging order does exist and not just rely (with respect) on forum comments