Help with high court enforcement officers

[smithy78]

First of all i had an account with a kitchen company and had a outstanding amount of £920.21.

 

I couldn't pay this, so I had a judgment made against me - the cost of the judgement was £169.79 with interest of £32.16. So I was told it all got moved up to the high court and a warrant of execution had been ordered.

 

While at work, a high court bailiff came round and as I wasn't home, handed my partner a letter saying 'warning notice visit by high court enforcement officer' and that he had come to take control of my goods and to discuss payment. On the second page there is a list of fees - the ones i've mentioned, and a cost for execution £ 101.75, Charges of enforcement officer £929.20 then total amount of levy £2153.11 and to contact the officer on his mobile.

 

I phoned a few times to no avail so left voice mail etc. 2 days later a letter came through the post saying notice of seizure and the officer had 'impounded my goods' and if they have to come back to remove goods, a further (minimum) £720.00 + vat would be added to my bill.

 

A few days later another letter arrived saying 'warning notice removal of goods' the letter stated that an officer had levied execution on my goods and the amount I owe from the date of the letter was £2626.43 bit of a jump from £2153.11... and again if they have to come round the £720.00 + vat would be added.

 

The officer hasn't been in my home so I can only guess he's saying he's levied the cars outside but I haven't signed anything or seen any paperwork which tells me what they have levied and when.

 

I phoned the company and asked what had been levied the women would only reply with "what do i need to know that for"!

 

So, would any levy now be invalid? can they take the car? can I now sell/hide it? I've spoken to the company and the bill is now £3330 something, no idea why? My understanding is.. if they levy something, then you have to at least be informed as to what has been levyed or have had to sign a walking possession?

 

Can anyone help me with what i should do or know the answers to my questions?

Edited February 24, 2010 by smithy78

[Barbarawoo]

Hi there,

take a deep breath and edit your post, split it in to paragraph's that way it will be read much easier, people tend to skip over cramped postings.

 

Be patient, some one will be along to help/advise you but in the mean time edit it so more readable.

 

Best wishes..

[smithy78]

Thank you Barbarawoo.

[Barbarawoo]

Thats better, well done

[wonkeydonkey]

First of all i had an account with a kitchen company and had a outstanding amount of £920.21.

 

I couldn't pay this, so I had a judgment made against me - the cost of the judgement was £169.79 with interest of £32.16. So I was told it all got moved up to the high court and a warrant of execution had been ordered.

 

While at work, a high court bailiff came round and as I wasn't home, handed my partner a letter saying 'warning notice visit by high court enforcement officer' and that he had come to take control of my goods and to discuss payment. On the second page there is a list of fees - the ones i've mentioned, and a cost for execution £ 101.75, Charges of enforcement officer £929.20 then total amount of levy £2153.11 and to contact the officer on his mobile.

 

 

I phoned a few times to no avail so left voice mail etc. 2 days later a letter came through the post saying notice of seizure and the officer had 'impounded my goods' and if they have to come back to remove goods, a further (minimum) £720.00 + vat would be added to my bill.

 

A few days later another letter arrived saying 'warning notice removal of goods' the letter stated that an officer had levied execution on my goods and the amount I owe from the date of the letter was £2626.43 bit of a jump from £2153.11... and again if they have to come round the £720.00 + vat would be added.

 

The officer hasn't been in my home so I can only guess he's saying he's levied the cars outside but I haven't signed anything or seen any paperwork which tells me what they have levied and when.

 

I phoned the company and asked what had been levied the women would only reply with "what do i need to know that for"!

 

So, would any levy now be invalid? can they take the car? can I now sell/hide it? I've spoken to the company and the bill is now £3330 something, no idea why? My understanding is.. if they levy something, then you have to at least be informed as to what has been levyed or have had to sign a walking possession?

 

Can anyone help me with what i should do or know the answers to my questions?

 

Who is the enforcemet company?

I ask because they vary with the charges and if we know who you are dealing with more advice can be given.

[smithy78]

The company is called sherforce.

[ploddertom]

First of all i had an account with a kitchen company and had a outstanding amount of £920.21.

 

I couldn't pay this, so I had a judgment made against me - the cost of the judgement was £169.79 with interest of £32.16. So I was told it all got moved up to the high court and a warrant of execution had been ordered.

 

Was this Judgment by Default and if so did you get the original paperwork from the Court to allow you to Defend/Counterclaim/Payment Plan?

 

While at work, a high court bailiff came round and as I wasn't home, handed my partner a letter saying 'warning notice visit by high court enforcement officer' and that he had come to take control of my goods and to discuss payment. On the second page there is a list of fees - the ones i've mentioned, and a cost for execution £ 101.75, Charges of enforcement officer £929.20 then total amount of levy £2153.11 and to contact the officer on his mobile.

 

I phoned a few times to no avail so left voice mail etc. 2 days later a letter came through the post saying notice of seizure and the officer had 'impounded my goods' and if they have to come back to remove goods, a further (minimum) £720.00 + vat would be added to my bill.

 

A few days later another letter arrived saying 'warning notice removal of goods' the letter stated that an officer had levied execution on my goods and the amount I owe from the date of the letter was £2626.43 bit of a jump from £2153.11... and again if they have to come round the £720.00 + vat would be added.

 

The officer hasn't been in my home so I can only guess he's saying he's levied the cars outside but I haven't signed anything or seen any paperwork which tells me what they have levied and when.

 

If he has he should still have left you paperwork detailing this + most HCEO's would take the vehicle straightaway.

 

I phoned the company and asked what had been levied the women would only reply with "what do i need to know that for"!

 

So, would any levy now be invalid? can they take the car? can I now sell/hide it? I've spoken to the company and the bill is now £3330 something, no idea why? My understanding is.. if they levy something, then you have to at least be informed as to what has been levyed or have had to sign a walking possession?

 

I think at present someone is taking you for a ride.

 

Can anyone help me with what i should do or know the answers to my questions?

 

 

Sherforce usually load all the fees before the HCEO even leaves the Office. Most of these fees can be challenged as the majority will come under Miscellaneous. They use an all encompassing piece of paper to say they have seized all your goods - however they still have to go through the due process of levying on them, (otherwise how do they know what you have got). If you have any documentation from them hang on to it as you may need it at a later date.

 

The most important thing at present is the answer I posed about the original CCJ above.

 

PT

[wonkeydonkey]

The company is called sherforce.

Welcome to the Sherfarce club.

 

PT will keep you on the right track so give him any info he asks you for.

[smithy78]

Yes got the paper work from the county court when judgement was made, at the time things was looking good so didn't send the response form back as was going to pay it off, then got hit by a rogue customer who wouldn't pay and it through it all out the window! silly i know and ive learned quick from my mistakes, didn't know it had been moved up or been to the high court until the officer came round. the only paper work that was lefted when he came round was the warning notice and that he had come to take legal control of my goods.

[smithy78]

And had the fees on the letter.

[ploddertom]

I assume from what you say this is a business debt as opposed to personal. What form does you business take - Ltd hopefully? Do you trade from separate premises or from home?

 

It is very important to find what stage you gave up at before you got the CCJ. Is it possible you could explain the procedure before the CCJ was adjudged against you?

 

Unfortunately you never get any prior warning about the High Court until the HCEO turns up at the door.

 

PT

[smithy78]

Im a property maintenance company (sole trader) don't have premises as such.

[ploddertom]

Im a property maintenance company (sole trader) don't have premises as such.

 

The HCEO has to gain peaceful entry to your home - same as a Bailiff. However if you have detached buildings eg garage or shed then he is entitled to force entry to these if he believes there are goods inside that may help satisfy the debt.

 

As it would appear that no levy has been made I would move any motor vehicles well away from your property - not just round the corner. Unlike a Bailiff he can and will add extra charges each time he calls so it is in your best interests to come up with some method of payment. You can offer a payment plan but he has to check with the Creditor whether it is acceptable.

 

You should ask for a breakdown of the fees you have been charged so far so we can have a look to see where any mistakes may have been made. Too late now of course but possibly don't post too much detail as certain company's do monitor what is being said here.

 

I'll be back in the morning to catch up.

 

PT

[smithy78]

wish you would of told me that earlier, next your be telling your the bailiff that come to my house.... Have made a £200 token payment and sending an offer of payment. will get that breakdown list of fees. Thanks very much for your help and advice PT.

[RaeUK]

Lol, PT is one of the good guys. But it is a reminder to those wishing to post with problems. Not all of those 'guests' viewing threads are going to be people with problems like ours. Some of them will be the cause of them. So don't use your real name as your username. [i do, but with my eyes wide open]. If you have, don't fill in the location field on your profile [or go and delete it now]. Don't divulge any personal information or information that will identify you or where you are. In other words, all that advice you give your kids to be safe online, follow it!

Good luck smithy78. HCEOs appear to be strange beasties indeed but you're getting good advice.

Take care.

Rae.

Edited February 25, 2010 by RaeUK
type o

[High Court Enforcer]

If SF agree an arrangement make sure you stick to it or they will revisit and you will incur the further charges detailed.

 

Unfortunately, it sounds like you've burried your head in the sand and this will often be the result.

Edited February 25, 2010 by High Court Enforcer
typo etc

[Guest DebtWeary]

Smithy78, request a Subject Access Request from Sherforce, there is a template of how it should be worded on this site. This will get you more detailed information of the fees charging and on the sequence of events, as they will include an Activity Report. You will need this in addition to a detailed statement of fees. You will then be in a better position to go through the charges and challenge them. You are entitled to an Inventory of any goods levied upon and a copy of any Walking Possession Agreement, whatever the idiots on their helpdesk say.

 

You are by no means alone in being stung by outrageous charges from these crooks.

 

DW

[smithy78]

I'll Just like to post a BIG thank you to everyone who's helping me on my problem especially you PT thank you very much. smithy78

[voydav]

Hi Smithy78, I had same problem as you last year although different company. I paid original creditor direct as bailiff will just take his charges out and then send balance to creditor. I paid off creditor challenged the fees made by the bailiff using advice received on here, strangely the charges dissapeared, never heard from them again.

[High Court Enforcer]

Hi Smithy78, I had same problem as you last year although different company. I paid original creditor direct as bailiff will just take his charges out and then send balance to creditor.

 

Just be aware that the HCEO can enforce for their fees even if the original debt is paid to the creditor. The creditor will have signed SF's T&C's requiring that any payment recieved will be passed to them also.

 

The writ of fi fa clearly states that SF are to collect the judgment debt AND their fees from the defendant.

Edited February 26, 2010 by High Court Enforcer

[ploddertom]

Hi Smithy78, I had same problem as you last year although different company. I paid original creditor direct as bailiff will just take his charges out and then send balance to creditor. I paid off creditor challenged the fees made by the bailiff using advice received on here, strangely the charges dissapeared, never heard from them again.

 

I would strongly suggest this wasn't for an HCEO attending.

 

PT

[Guest DebtWeary]

Just be aware that the HCEO can enforce for their fees even if the original debt is paid to the creditor. The creditor will have signed SF's T&C's requiring that any payment recieved will be passed to them also.

 

I have it from SF themselves that they do not have Terms and Conditions and I have direct proof from them that when the debtor pays the creditor direct, they have no clear process for dealing with it.

 

The writ of fi fa clearly states that SF are to collect the judgment debt AND their fees from the defendant.

 

The exact wording is "Fees and Charges to which you are entitled (where appropriate)". There is nothing in the Writ itself or the HCEO Regs stating that the debtor is ALWAYS responsible for paying fees. In fact, the HCEO Association and several other HCEO companies state that debtor fees have to be adjusted when payment is made direct. It's only SF who want to have their cake and eat it too.

[High Court Enforcer]

I have it from SF themselves that they do not have Terms and Conditions

 

You're talking rubbish.

[voydav]

I would strongly suggest this wasn't for an HCEO attending.

 

PT

 

Oh yes it was, High Court Enforcement Ltd. Attempted to pile on a load fees, tried to turn a debt of £1,800 into nearly £4k in a matter of 7 days.

 

I paid the original creditor off in full including judgment costs, which I accepted, sent a letter to High Court EnforcementLtd requesting they justify their fees, all went very quiet.

[Guest DebtWeary]

Rubbish eh?

 

I asked to see what had been agreed between SF and the creditor in my case as regards fees and was told "there are no specific terms and conditions specific to this matter". Trying to get straight answers from them to particular questions is like getting blood out of a stone.

 

You are just towing the party line.