Writs of Execution from the high court

[ploddertom]

I have just spoken to the solicitors, and they are refusing to budge at all, and say to phone the Balliffs.

 

So I guess that the only thing left that I can do.

 

If you contact the HCEO Company they will only say PAY, an alternative tack is to see if you can claim Set Aside - I still have found nothing that relates in your case so think the only course of action is to approach a Solicitor for advice on this. To keep the costs down you should ask for a fixed fee interview which will give you 30 minutes or an hour at a fixed price.

 

A riskier approach would be to submit a N244 and pay the £75 fee but this may be thrown out anyway because you were late submitting your defence. As you still have the goods can you not sell them and put the monies towards the debt - surely if sold at a commercial rate should cover at least the original debt and some of the fees.

 

Unfortunately each time the HCEO attends they will be adding fees. If you trade from home then you should be OK as the normal Bailiff rules apply with a couple of exceptions. If you trade from business premises which are separate from your home then he is allowed to break in, if you have a detached garage/outbuildings at home he is also allowed to break into these if he believes there are goods inside which could satisfy the debt.

 

The main problem I see over the seizure of any goods is that he could seize the goods this debt is all about and sell them for a fraction of their true worth - you have then lost out on 2 counts. That is why I say try and sell them yourself first.

 

PT

[headbanging]

Thanks PT,

 

I rang the HCEO and said I will pay xx amount now and a little bit more in a few weeks. He was fine with that, no problem at all.

 

Thinking back over todays events, when I spoke to the solicitor, he said he would do nothing about the case, it is with the Balliffs and thats that. But he then went on to say that if I returned the items, and they were accepted, this would come of the debt! I did tell him he just totally contradicted himself, and that when he says 'there is no way I can now deal with this claim' he is lying. He did ask how I knew that, and I said 'legal advise'!

 

Still, will just have to wait and see what happens now, with all the bits and pieces I now have to do. At least its got the balliffs held of for a few weeks.

[Nintendo Pü]

I have just spoken to the solicitors, and they are refusing to budge at all, and say to phone the Balliffs.

 

So I guess that the only thing left that I can do.

 

With fees like those, I think there is lots to answer. Any Civil action you bring against them to recover unlawful fees might be strengthened by reporting the matter to the police, any threat to report unless repayment is made could be interpreted as blackmail so just report it without telling the bailiff. It might raise the stakes for the bailiff and make him pay attention when he is questioned under caution and his DNA goes on the national database under the POCA regulations on handling a suspect in custody.

 

If you are taking the fraud route, the Fraud Act 2006 is perfect for your problem, I suggest you compile all the evidence before presenting the package to the local constabulary. Suggest you approach them via their local fraud squad by way of prior appointment with a specific detective.

Include the text of the Lord Lucas QA of 20 April 2007 in the House of Lords. Crime: Fraud: 20 Apr 2007: Written answers (TheyWorkForYou.com)

 

Meanwhile, have the HCEO pass a truth test on his fees.

 

Name of HCEO Firm

Their Address 1

Their Address 2

Their Address 3

Postcode

 

BY POST AND BY EMAIL

 

DATE

 

Dear Sir/Madam

 

Re: [YOUR NAME + REF]: Your fees.

 

I write following visits by your High Court Enforcement Officer, however after seeking advice there appears to an irregularity with your fees. I now ask you to provide the following within seven (7) days:

 

1) Written confirmation of your fees

 

2) Written confirmation of the original debt

 

3) The name and address of the organisation that instructed you

 

4) If you have charged non-statutory fees prescribed in law, a breakdown of your costs to show they are reasonable and not charged for the purpose of making a gain for yourself or another.

 

5) Either confirm in writing that your fees are lawful and truthfully comply with legislation, or refund me unlawful fees plus reasonable compensation for being cheated by your bailiff with his fees by midday the seventh day from the date of this letter.

 

A bailiff or any other person who dishonestly charges for work that has not been done will be committing an offence under the Fraud Act 2006. Section 2 of the Act specifically describes a person dishonestly makes a false representation and intends, by making the representation, to make a gain for himself or another, or cause a loss to another, or expose another to a risk of loss, commits an offence. If no satisfactory refund is made to me by 12.00 midday seven (7) days from the date of this letter I will automatically make a criminal complaint to Police under the 2006 Fraud Act and the Proceeds of Crime Act. If you have charged VAT on unlawful fees then you may be reported for VAT fraud and your documents will be given in evidence.

 

This is a letter before action and is not a request to access any personal data about me in the meaning of the Data Protection Act 1998. It is delivered by Royal Mail and deem it good service upon you by the ordinary course of post under Section 7 of the Interpretation Act 1978. It now is your responsibility and in your best interests this letter is handed to the relevant person within your organisation.

 

Yours Sincerely

 

 

YOUR NAME

[headbanging]

Hi,

 

Sorry I have been a little late in updating this information, but I now have a copy of the fees that the HCEO are charging.

 

They break down like this:

Amount of judgement - 693.24

Fixed cost on judgement - 157.00

Execution costs - 101.75

 

Total - £951.99

 

Percentage fee 1 - £26.30

Mileage fee 2 - £42.74

Seizure fee 3 - £2.00

Enquiry fee 4 - £4.00

Enforcements under fee 5(2) - £220.00

No sale Inventory Fee 6(2)(b) - £47.60

Disbursements under fee 12 - £19.50

VAT - £63.37

 

Total £425.51

 

Does anyone know if these are correct? The balliff never entered the property, and I didn't sign any paperwork, he just pushed it through the door whilst I was in bed.

 

Thanks