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Authorised high court enforcement officers, help wanted!


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My first posting so here goes, (have already posted in the bear garden, now found this place to post, fingers crossed!)

 

today i received a call from a high court enforcement officer, looking to seize 1 or 2 cars that they believed i owned in order to secure a now total debt of around £5.5k.

 

How i came to be in debt in the first place? i'll explain in brief.

 

approx 18 months ago, i arranged for a local garage to carry out works on a car that i had recently imported into the uk. I have a provisional quotation for them for the works to be carried out, total costs around £1100.00, works to take approx 2 weeks. Great i thought!

 

Much time and chasing later, approx 9 months later, i am told the car is ready and that the total bill is now £4k. I was gobsmacked, but rather than have a row, i thought the best thing to do would be to pay the bill by cheque, collect the car, and then cancel the cheque the following day, and follow that up with a letter explaining why the cheque had been cancelled but also enclosing a cheque payment for the original provisional quotation amount.

 

This of course was the wrong thing to do, i have since learnt!

 

In due course legal paperwork was sent and ignored by me. I have never have been very good with paperwork, my failing of course, but then judgment was made for the full amount £4k plus costs etc.

 

Finally i received a summons to attend my local court to access my income and expenditure, a proposal was then put forward to the claimant that i could afford to pay £100.00 per month. (bearing in mind that i already owe the CSA over 30K and have agreed with them to pay £100.00 a month this seemed reasonable. That was a few months ago, and i have heard nothing since until today. The high court enforcement officer called believing that i still owned the car/s and was looking to secure the car/s against the debt, which now stands at aound £5.5k. The break down being approx. £4k original judgement, £25.00 interest, £100.00 costs, and £1200.00 charges of the authorised high court enforcement officer.

 

I explaind to him that the car/s was sold prior to judgment being made so it seems that i am off the hook for now. But surely he'll be back?

 

Can they then come into my house?

Can they take the car anyway? (i am looking after the car/s on behalf of the owner)

Can they take my van? (which i use for my work, i am self employed)

Can the claimant refuse my offer of payment?

How can i turn this situation around so that i end up paying the proposal amount of £100.00 per month?

 

(The original fact that i have been overcharged in the first instance cannot be resolved until the judgment is settled, i have been advised, is this correct?)

 

I live at home with my partner of 5 years and have 2 small children, the last thing i want is her or my 2 wee boys being upset by some gorilla.

 

I am a fair and reasonable man, but i own nothing to the value of £5.5k, apart from my van which i bought for my work use after the original judgment was made...Can anybody please help me?

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  • 2 weeks later...

Difficult one here mate. First things first, shouldn't have cancelled the cheque mate, but sent the money then issued your own claim for costs you feel shouldn't be charged.

 

As for the HCEO, basically the claimants can at any time transfer your judgement from the CCJ it was to high court writ. He has done this and now the HCEO's job is to get the money. If it means the car is still there and is in your name, he can take it. Best payment for a debt is a nice car! However, issue him with a claim, signed by the owners of the goods. E.g letter from car owner, letter from partner saying she owns the goods. This is rarely disputed and covers your from removal.

 

Your van, if it's in your name can be taken yes. Really only applied to things like taxis where you're sole item you need is the cab where it can't be taken. I know i've seen it happen.

 

As for charges, mate, they add up. People don't work for free, the more you leave it, the more costs go on. You can't then say you don't feel their necessary if you've neglected your paperwork.

 

A good thing to try too is to send them a letter outlining your income and exp details, add to this your offer. If it is put the claimant and he rejects it (by the sounds of it, he will!) then it's up to you to come up with a better offer. They can proceed to put a charge on your house or issue other proceedings should a common ground not be reached. 99% of debts i've seen where the debtor is skint and offers his best (and it is his best!) it has been accepted. Sometimes on occasions it goes back to the sols who take the further action but VERY rarely unless they've got amazing jobs or own nice cars etc etc.

 

Remember, if you've give them ample notice about owners of the other vehicles, they can't take them, only if the claim id disputed which costs the claimant more money!

 

The fact that the car was sold prior, doesn't affect anything. The car is now obsolete in this judgement.

 

Want my opinion? Either borrow it, pay the debt off, then look at counter-suing for the difference, pay it and forget it, or fight it and let the sols do their worst!

 

P.S DVLA checks are common, so issuing a claim won't be enough, the vehicles must be in some one elses name or on finance to stop removal!

 

Cheers :D

".....till Debt do us part...." :cool:

 

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If you feel the costs of the HCEO are excessive it may be worth first of all asking the HCEO for a breakdown and then tell them that you are going for an examination of fees with a District Judge - you will probably then find the fees will be reduced considerably? May be worth it.

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If you feel the costs of the HCEO are excessive it may be worth first of all asking the HCEO for a breakdown and then tell them that you are going for an examination of fees with a District Judge - you will probably then find the fees will be reduced considerably? May be worth it.

 

 

:oops: Good Luck if you do! :-|

".....till Debt do us part...." :cool:

 

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Make sure that your facts are correct and that the charges that are added are excessive before you try going for an examination of fees. There is at the moment great concerns about excessive charges by HCEO as this forum will evidence

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Make sure that your facts are correct and that the charges that are added are excessive before you try going for an examination of fees. There is at the moment great concerns about excessive charges by HCEO as this forum will evidence

 

Fees are never cheap, if they were this site would be empty!

 

Good luck changing them, you need to imagine how many people call a day to a HCEO asking for fees to be reduced. It's hardly ever done.

 

Sorry to p*** on your chips there. :D

".....till Debt do us part...." :cool:

 

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There are a number of people currently taking the route of detailed assessment of a High Court Enforcment Agents fees and if anybody is consdiering this course of action it is VITAL that you obtain a complete breakdown of the fees and charges applied to your account togther with a copy of the SCREEN SHOT of your account.

 

This is VITAL.

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