high court enforcement officers

[leahben123]

hi, new to this so bare with me please.

 

i am a sole trader and due to the recession got into debt for approx £4000.i agreed with the creditor to pay £100 per month through a ccj,and paid for 8 months, but now work has dried up again i havnt been able to make these payments for the last 3 months.

 

so yesterday i had high court enforcement officers knocking my door to which i didnt answer, they left paperwork with a walking possesion form to sign again which i havnt signed. and i must say some very large fees aswell.

 

i dont own an house and rent where i live, all belongings in the house belong to the landlord of the property accept my computer.

 

 

also i dont own a car but use a friends car to get around and do have a works van which i use for work. ( when work is there of course).

 

i also have one other debt with a different bailliff but once i told him that i rented where i live and had no personal belongings ive not heard anything from him since..

 

 

could some one please give me some advice on what to do as im struggling to understand the situation..

 

many thanks.

[hallowitch]

sorry i cant help you with this ploddertom will be on later he should be able to help

 

in the meantime put his name in the search at top of page and read a few of his posts

[leahben123]

hi again, thanks, and yes i will look at some posts now..

 

many thanls again.

[impecunious]

Hiya

 

I'm in a very similar position to your own. HCEOs don't have to give advance written notification that they've been instructed to collect payment and their fees tend to be extortionate,e. literally hundreds of pounds each visit (this is made of a percentage of the amount owed).

 

There's a saying that it's relatively easy to get a judgment but enforcement is only possible if the judgment debtor has assets. Really it's down to the creditor to assess your ability to pay and consider which enforcement options to be the most appropriate. The creditor has transferred the CCJ up to High Court as its over a certain amount (£600?) for a fee of about £50. (Writ of Fi-Fa)

 

If you hadn't been able to stick to your original repayment terms, you could have returned to the court to have the order varied to take account of your reduced circumstances.

 

As far as a I know HCEO's although they have more incentive to collect payments, they are still only allowed to gain peaceful entry, so keep your doors and windows closed/locked and don't allow them entry. Easier to do if you work from home but with commercial premises that's not usually possible. Keep any vehicles away from your home. If you manage to stave off the HCEO's and don't pay them anything, then the account will eventually be returned to the crediitor who will have to pay the HCEOs a nominal fee of say £60.

 

I'm sure other CAGgers will give you more precise advice.

 

Take care.

 

 

 

Impecunious!

[leahben123]

hi impecunious,thx for advice much appreciated.

just a quick question how long before the HCEO's give up knocking the door?? or is there no time limit?? sorry if this is a stupid question.

many thanks..

[impecunious]

Sorry - no precise time limit -- if the HCEOs really want to earn their fees, they'll persevere til they get what they want. I'd hunker down for the long haul.

 

It might be a good idea to write to them asking for a breakdown of their charges, etc. Don't phone them - its just too stressful. Once they realise that there's very little chance of them actually collecting any payments from you they may desist.

 

My creditor arranged a Hearing to Obtain Information -- that was really stressful but at the end of the day realised that there were no real options open to them for viable enforcement. No point suing a "man of straw" - no assets, no insurance, no hope - and even less point enforcing payment. Total waste of money all round.

 

Sorry, I digress.

 

I suggest you do some research on HCEO's - lots online. But at the end of the day, if you haven't got it - you can't give it to them!

 

I'm sure you'll get great advice on here!

 

Impecunious!!

[leahben123]

hi again, long haul it seems to be then hehe. ive been told by many people that they can't have what you havn't got, what a true statement.

 

is it worth writing to them stating my position with regards no property and renting also no car??

 

many thanks again.

leahben

[wonkeydonkey]

hi again, long haul it seems to be then hehe. ive been told by many people that they can't have what you havn't got, what a true statement.

 

is it worth writing to them stating my position with regards no property and renting also no car??

 

many thanks again.

leahben

 

PT will be on later and will help you with this, I would wait until you hear from him.

 

WD

[impecunious]

hi again, long haul it seems to be then hehe. ive been told by many people that they can't have what you havn't got, what a true statement.

 

is it worth writing to them stating my position with regards no property and renting also no car??

 

many thanks again.

leahben

 

 

I wrote to a DCA/solicitor recently informing them that I had a HUGE CCJ (much bigger than yours ), no tangible assets and lived in fully furnished, shared, rented accommodation. Letter came back - account now closed - no further action!! Sensible!!!

 

Good luck -- PT will offer you sound advice.

 

Impecunious!

[danboy381]

hello leahben, Firstly it wouldnt do any harm to write to them and tell them the facts about what you haven't got. As above, don't bother ringing as the conversation will most likely end up in a pointless argument.

 

Secondly, hceos can't force their way into your home, unless you leave a window a jar etc. They can force their way into commecial property though, and outbuildings, providing they are not connected to the domestic dwelling.

 

Thirdly, it sounds like the creditor will have little chance of recovery from you. The hceo will probably continue to call until he either gets bored, or gets called off, or realises that he's wasting time calling, hence a firm letter to them telling them you have nothing should suffice.

 

Remember though that they can always take a car/van, and it will be upto you to prove ownership of someone else etc etc so its always best to park any vehicle in another street, or down the road to avoid the hassle. Its easier.

 

BTW thw high court writ against you will be valid for 12 months. ( i think)

 

good luck

[leahben123]

hi, thanks for your advice,

 

i was under the impression that they can not take the van as i require it for working when work does come my way. also do that not check with dvla as to ownership of vehicles before taking them away?? as car is not in my name and is a friends car.

 

as regards the letter i think you are right and i will draught something up this weekend stating the situation that i am in.

 

many thanks for your help in this matter its much needed and very much appreciated.

 

leahben..

[danboy381]

Yes you may well use it for work, but that won;t stop them trying to or taking it. Remember, you are dealing with **** that really don't care. They will take your mothers bloomers off the line if they could sell them. The onus will be on you to prove this/that after the event, its hassle you don't need.

 

I'm just saying it's easier to hide up the vehicles till the heats off, and I'd probably also contact the creditor and tell them they will get every penny they are owed, but you have nothing till work picks up, so they will HAVE to wait.

 

You can also take the opurtunity in your letter to tell em about the vehicle that is your friends and document the vehicle index in the letter.

[tomtubby]

hi, new to this so bare with me please.

 

i am a sole trader and due to the recession got into debt for approx £4000.i agreed with the creditor to pay £100 per month through a ccj,and paid for 8 months, but now work has dried up again i havnt been able to make these payments for the last 3 months.

 

so yesterday i had high court enforcement officers knocking my door to which i didnt answer, they left paperwork with a walking possesion form to sign again which i havnt signed. and i must say some very large fees aswell.

 

i dont own an house and rent where i live, all belongings in the house belong to the landlord of the property accept my computer.

 

 

also i dont own a car but use a friends car to get around and do have a works van which i use for work. ( when work is there of course).

 

i also have one other debt with a different bailliff but once i told him that i rented where i live and had no personal belongings ive not heard anything from him since..

 

 

could some one please give me some advice on what to do as im struggling to understand the situation..

 

many thanks.

 

There are number of things that you need to do.

 

First, WRITE to the company to confirm that you will NOT complete the Walking Possession as you do not own the goods within the property and that they need to confirm to you that they have NOT charged a levy fee to your account. You can make a payment proposal with them in your letter but do ensure that it is NOT for more than you can afford.

 

HOWEVER, you may also file an N245 to Vary the court order and to suspend the warrant. There is a court fee to pay and this is probably the best route for you.

[leahben123]

hi again, thanks for the information and point taken they really are horrible people arnt they.will add everything in my letter to them.

 

many thanks

 

leahben..

[leahben123]

hi tom tubby,can i still ask for a form N245 from courts as its now gone to the high courts??

 

leahben..

[ploddertom]

hi tom tubby,can i still ask for a form N245 from courts as its now gone to the high courts??

 

leahben..

 

Yes, the debt part of this is still a County Court action it is only through the High Court for enforcement. You can fill this form in online at HMCS website.

 

Was the agreement to pay made as part of the CCJ or just a private arrangement?

 

Dependent on the HCEO company they may return the account to the Creditor if they cannot gain access to your home to obtain a levy against goods.

 

PT

[leahben123]

Hi yes it was an agreement to pay as part of a ccj.I will fill the n245 form in this weekend too.is it still advisable to write to hceo about my predicament ?

Many thanks for your help in this matter its appreciated.

[ploddertom]

Hi yes it was an agreement to pay as part of a ccj.I will fill the n245 form in this weekend too.is it still advisable to write to hceo about my predicament ?

Many thanks for your help in this matter its appreciated.

 

When you fill the Form in make sure you tick both boxes - application to suspend & reduction of instalments. You can't save the Form but you can print it - print enough copies to leave some spare. You can then send a copy to the HCEO company for their records - the majority will leave it at that until the matter is heard.

 

Because of the 2 vehicles it may pay for your friend who owns the car to complete a Statutory Declaration over its ownership as most HCEO's are aware of the Registered Keeper may not be the legal owner argument and suspect will have seen you using it. As for the van I assume that belongs to a company you are either employed by or do work on behalf of - in which case they will leave alone. However they will have made a note for a possible Attachment of Earnings.

 

Does your lease for your property have a clause in it for furnished accomodation. If so send a copy also to them. The more you can produce or evidence as to your status will mean the quicker this will be over.

 

PT

[tomtubby]

When you fill the Form in make sure you tick both boxes - application to suspend & reduction of instalments. You can't save the Form but you can print it - print enough copies to leave some spare. You can then send a copy to the HCEO company for their records - the majority will leave it at that until the matter is heard.

 

Because of the 2 vehicles it may pay for your friend who owns the car to complete a Statutory Declaration over its ownership as most HCEO's are aware of the Registered Keeper may not be the legal owner argument and suspect will have seen you using it. As for the van I assume that belongs to a company you are either employed by or do work on behalf of - in which case they will leave alone. However they will have made a note for a possible Attachment of Earnings.

 

Does your lease for your property have a clause in it for furnished accomodation. If so send a copy also to them. The more you can produce or evidence as to your status will mean the quicker this will be over.

 

PT

 

 

Excellent advice Plod.

 

I would also suggest when completing the N245 that the form is taken IN PERSON to the County Court and that you ask that it be listed asap because you have a High Court Enforcement Company attempting to pursue you.

[leahben123]

hi ploddertom,

 

i have one more question for you, the van is my van and in my name as im self employed with my business name on the back and side, so does this mean they cant take the van??? as i need it to work with..

 

am doing all my paperwork tomorrow as suggested by yourselves..

 

will let you all know how i got on.

 

many thanks once again your all doing a fantastic job here..

 

leahben..

[ploddertom]

hi ploddertom,

 

i have one more question for you, the van is my van and in my name as im self employed with my business name on the back and side, so does this mean they cant take the van??? as i need it to work with..

 

 

Appreciate this may sound like a couple of dumb questions but ask for specifics only.

 

The van is used solely by you - no one else - for business purposes only - no social use? If so should not be seized, if others also use it then yes it can. They may still seize it then make you prove otherwise - so beware if it is parked handy. See posts by letsfightbailiffs for further details of this.

 

I also assume it is insured for business purposes? If so and in conjunction with paragraph above should then give you enough ammo if they do seize it.

 

Hope this helps.

 

PT

[leahben123]

hi again,

 

yes the van is used soley by me purely for business purposes only.they would also find it very hard to remove from property anyway as it is very tight up this road. hehe..

 

ive done the N245 form and draughting letters now so everything will be ready to post on monday..

 

will let you know how i get on with it all.

 

thanks once again.

 

leahben..

[leahben123]

hi ive filled in and posted the N245 form and the courts have returned it saying,they are unable to deal with my application and to comply with following advice to enable them to process it.

 

"please enclose the appropriate fee of £75/£35 made payable to hmcs.

 

or

 

please complete the EX160 form,please ensure your N245 form is returned to the court,togoether with your fee or EX160. please note if you fail to comply with the requests above,your application will be returned to you and your case will not progress."

 

As ive already paid the £35 fee for the N245, could someone please tell me what the courts are going on about as im confused.

 

 

hope someone can help me on this matter asap please.

 

many thanks.

 

leahben123..

[leahben123]

can anyone help with my previous thread please????

 

thanks

[2ltr16valve]

Did you call them to ask ?