High Court Enforcement Officer - CCJ

[bottomburp]

Thank you for your input thebailiff but from what I understand a bailiff has different powers and rules to an HCEO.

 

As it is an HCEO who is trying to enforce a ccj I am only interested in the powers / rules he has to abide by.

 

With regard to the goods that are outside - they are mine and our daughter's. If he removes them he is stealing.

[lets fight bailiffs]

A HCEO cant take just any car he must first do a dvla check and if the car is not in the debters name then he must leave it aloan.

A HCEO can NOT force entry in to your home fact.

the only time they can is for the likes of C.T and Magistrates fines and any fine that would be classed as criminal and would be a warrant not an order it is not a criminal affence not to pay your Debs. they can enter through an open window or door but they must not touch or push the debter out of the way to enter when they open the door to them.

the only thing any of the advice from THE BAILIFF relates to could be comerceil property.

the point im making here is DONT LET THEM IN keep your windows and doors locked and inform the HCEO that the cars outside the house are NOT the debters and if they are taken then a the owners will make a claim to them and will seek compo for there loss of use.

What i have found is that HCEO like to take cars that dont belong to the debter as this pushes up there fees even if they are wrong there fees are still paid by the creditor and its not £200 or £300 it could be as high as £3000 to £5000 although its there cock up this is why there is a massive need for reform in the HCE and the bailiff trade this trade has been pushing to make force entry a day to day tool but was refused for now at least mainly because of the economy been the way it is.

"DONT LET THEM IN"

[Fair-Parking]

The Bailiff-

 

A levy is enough to enter your house when the owner/occupier are not there? How so?

 

Does that mean that you disagree with His Honour? If so what did you or any other person connected with the bailiff/HCEO industry do about getting his judgment overturned?

 

Or do you assume that the law doesn't apply to you?

 

I know my eyesight isn't as good as it used to be but I don't see any meaningful answers to my previous questions directed to you.

Edited August 15, 2009 by Fair-Parking

[lets fight bailiffs]

I wish ppl would stop leaving bad advice. If there is no one there and the officer attends, he can enter through an open window(downstairs, upstairs, attic window and even dog flap if he can fit)and unlocked door and remove goods there and then. If you have left your car out he can take that(they will do a dvla check and it will come back in anothers name so dont worry, they wont take it)

 

The letter tells the truth so no, the police wont listen and as its a high court writ, thew police are duty bound to assist in the enforcement of it. (for all you who question that bit, take a good read of the courts act 2003) HCEO are not bailiffs and the sooner its noticed the better.

 

Wrong again.

 

with regards to police they are duty bound to keep the peace ONLY and as set out by the MOJ to PROVENT A BREACH OF THE PEACE.

otherwise if police were duty bound to help a HCEO that would also mean they were duty bound to collect on high court writs if you can prove to me in any way that police are duty bound to act on the side of a HCEO

or A Bailiff then i will eat my words.

[ploddertom]

Wrong again.

 

with regards to police they are duty bound to keep the peace ONLY and as set out by the MOJ to PROVENT A BREACH OF THE PEACE.

otherwise if police were duty bound to help a HCEO that would also mean they were duty bound to collect on high court writs if you can prove to me in any way that police are duty bound to act on the side of a HCEO

or A Bailiff then i will eat my words.

 

 

Maybe it's this piece that is being referred to:

 

SECTION 99 THE COURTS ACT 2003, Schedule 7

 

Section 99 High Court writs of execution

 

Constable’s duty to assist enforcement officers

5.

It is the duty of every constable, at the request of—

a.

an enforcement officer, or

b.

a person acting under the officer’s authority, to assist the officer or that person in the execution of a writ.

 

However it is very open ended in its interpretation, but I imagine most PC's would see it to Prevent a Breach of the Piece and not helping as above.

 

PT

[Fair-Parking]

I can't see part where it states that a HCEO can be assisted by a policeman to commit burglary.....

[wonkeydonkey]

I can't see part where it states that a HCEO can be assisted by a policeman to commit burglary.....

I think its a bit like trying to find the Chinese man hiding behind the tree on an old packet of Woodbines I think in this instance the Chinese man is the HCEO hiding behind his own interpretation of "execution of a writ"

 

I agree it is so open to interpretation it's absurd

[noddyaccount]

If You Leave Your House Unlocked Or Leave A Window Open, We Can, With A High Court Writ, Enter And Remove Goods. Diff Rules Apply To Bailiffs And County Court Judgements.

 

If You Throw A Hceo Or Ahceo Through A Window, You Will Go To Jail/£5000 Fine For Assault On An Officer Of The Court And Impeding The Progress Of An Hceo. As Set Down In Courts Act 2003.

 

If A Hoody Called Into The Shop And Demanded Money Then Yes, Call The Police And Have Them Arrested. If An Hceo Or Ahceo Called In And Demanded Money, Then By All Means Call The Police But There Is Nothing They Can Do. The Hceo Or Ahceo Will Just Tell The Police Officer To Remove You From The Site Until He Is Finished. As Set Down In Courts Act 2003.

 

MrBailiff , Has the courts act 2003 increased the powers of Hceos and their assistants , or does it improve things for the debtor in your opinion ?

[danboy381]

the bailiff - what is the matter with your keyboard? or is there something wrong with your fingers.. It Seems To Be Putting A Capital Letter In Front Of Every Word.

[lets fight bailiffs]

the bailiff - what is the matter with your keyboard? or is there something wrong with your fingers.. It Seems To Be Putting A Capital Letter In Front Of Every Word.

 

A lot of bailiffs have things wrong with there fingers Danboy thats why most of them put the wrong fees down, Or it could just be a misstake i think that m should have been a P

[danboy381]

lol - thanks for clearing that one up LFB - i was wondering what was going on -its a shame theres not a punishment by the court everytime they commit fraud they get a finger BROKEN - this would work but only for a very limited time of course

[Fair-Parking]

No I didn't think that 'the bailiff' would answer. 13 days is a reasonable length of time to have composed a thoughtful reply. Case closed I suspect

[lets fight bailiffs]

anybody would think he had been asked for a breakdown of fees, maybe that is why its taking so long.

[Guest Thebailiff]

Maybe it's this piece that is being referred to:

 

SECTION 99 THE COURTS ACT 2003, Schedule 7

 

Section 99 High Court writs of execution

 

Constable’s duty to assist enforcement officers

5.

It is the duty of every constable, at the request of—

 

a.

 

 

 

an enforcement officer, or

b.

 

 

a person acting under the officer’s authority, to assist the officer or that person in the execution of a writ.

 

However it is very open ended in its interpretation, but I imagine most PC's would see it to Prevent a Breach of the Piece and not helping as above.

 

PT

 

3 cases recently,

1. (Writ of fifa)a commercial premises threw out a collegue of mine. police were called by the debtor. the police were informed of court act assisted the officer in carrying out his duties. that came from his super who said he is there to assist us.

 

2. (Writ of possession) i did this job in london where a family of mid rate movie stars refused to leave there premises. they baracaded the door and police were called. we used the polices key (battering ram) to force the door in and occupants were arressted for obstuction of a court official(not for breach of the peace). We then carried out our job. we did not pursue charges against the family as it was a terrible situation for them and we did not want to make it worse.

 

3. (writ of delivery) again i did this one. debtor refused to reurn their car to a commercial finance company (not like private hp companies). they tried to repossess it, the debtor make allegations against the bailiff so they withdrew. the client then got a return of goods order and again accusations were made so they withdrew again. They then got a high court writ for return of goods. we requested a police attendance and once on site, forced entry to a non attached garage to remove the vehicle. police were there to assist us and in doing so, searched the house for the keys for the vehicle.

 

its not open to interpretaion by anyone. they cannot refuse to help. a judge has ordered them to assist us.

 

MrBailiff , Has the courts act 2003 increased the powers of Hceos and their assistants , or does it improve things for the debtor in your opinion ?

 

these powers are only to be used when its proven beyound doubt that the debtors owe the money. thats the only way a high court will stamp the papers. Therefore it does not help the debtor. It helps the claimant in recovering money or goods due to them by law.

 

A lot of bailiffs have things wrong with there fingers Danboy thats why most of them put the wrong fees down, Or it could just be a misstake i think that m should have been a P

 

why have lots of bailiffs got things wrong with there fingers? oh i see, your just trolling like a 13 year old. very funny, had me for a min there.

 

No I didn't think that 'the bailiff' would answer. 13 days is a reasonable length of time to have composed a thoughtful reply. Case closed I suspect

 

i also carry out eviction of eco warriors, travellers and squatters and have been preoccupied dealing with them. Regards.

 

anybody would think he had been asked for a breakdown of fees, maybe that is why its taking so long.

 

breakdowns are eas.... oh i see, another troll. good luck with that.

 

look, i am simply telling you what i know we can and cant do. if we could not climb in through an empty window to levy goods then i would not do it. if we could not force the police to assist us, then we would not do it, and so on and so on. we are there to recover money or goods of debtors than have refused to pay their debts. in order to do this, we have to have a smalll amoubt of power to carry out our job. thats the way it is.

 

stop confusing our powers as hceo's and ahceo's with that of debt collectors and bailiffs and we should get along nicely. im not here to argue with you, im here to try and help.

 

Regards

[reorete]

sorry to jump in on this thread but

 

 

im wondering if some kind soul could give me advise..

 

 

. to cut a long story short

 

 

link have a default judgment and i have a ccj for an old

Abbey

national debt in 2002.

 

 

to be honest ive buried my head in the sand with this due to depression. marriage broken down etc.

 

 

im a singe mum to 4 on income support on medication for depression high blood pressure and asthmatic.

 

 

.the monthly amount 291.77 which no way i can pay

 

 

got a letter the other day notice of

warrant of execution

whatever

 

 

that is saying

bailiff

is visiting if not paid by 5th may.

..im not bothered they can take what they like as i have nothing of value.

. infact im at rock bottom

 

 

the only thing stressing me is my brother has loaned my 13 year old daughter a computer as her laptop broke..

 

 

. this is for her schoolwork and he wants it back as soon as i can afford to get her laptop fixed.

 

 

. any advise i would be gratefull for

 

 

[lets fight bailiffs]

Reprate,

 

I'm sorry to hear you find yourself in such a bad place.

 

You childs goods in her room are protected and are NOT allowed to be siezed under any writ for a start.

 

If at any time a bailiff siezed goods belonging to a 3rd party they must forthwith inform the bailiff company and we can deal with that if and when the time comes.

 

Now, with regards to your debt you are classed as (vulnerable) as you are in reciept of benifits and on mental health medication and you need to inform the bailiff of this prior to them attending this is very important because once you have proved this the order should be passed back to the creditor.