baliffs overcharging ...

[High Court Enforcer]

Business, didnt pay a supplier, moved premises 6 month ago and forgot to pay the bill

 

Really.....

[High Court Enforcer]

Just out of interest...

 

If he had sent £26 to the creditor shortly after judgment - would that preclude the use of a HCEO ?

 

No. It would be down as a credit against the amount due. Can still be transfered to the HCEO.

[ploddertom]

cost to apply for set aside is £75 and then its up to the judge to decide, and because it was my last known address to the creditor they served it at the correct address, so not sure its worth going down that rd to be honest

 

 

Appreciate where you are coming from but is the CCJ still on your Credit file where it will remain for 6 years, although you can obtain a Certificate of Satisfaction. The idea is that if you have a good reason for having the CCJ Set Aside because you never had the chance to defend/counterclaim/make a payment proposal as the original docs had gone to a different address. Doesn't make the debt disappear but gives you a chance.

 

PT

[ploddertom]

Business, didnt pay a supplier, moved premises 6 month ago and forgot to pay the bill, they issued a summons at the old address then a judgement, then transfered to high court writ then baliff at old premises

 

What status did the business trade as?

 

PT

[westgarth]

Really.....

 

lmao ..... I missed the words "on purpose" from the end of the sentence ... opps me bad

Edited April 1, 2010 by westgarth

[westgarth]

Appreciate where you are coming from but is the CCJ still on your Credit file where it will remain for 6 years, although you can obtain a Certificate of Satisfaction. The idea is that if you have a good reason for having the CCJ Set Aside because you never had the chance to defend/counterclaim/make a payment proposal as the original docs had gone to a different address. Doesn't make the debt disappear but gives you a chance.

 

PT

 

yeh i know, i paid it as soon as i realised what had happened but it was 2 weeks after the 4 weeks that you have to paythe judgement, so what i am trying to say it was 6 weeks after the judgement lol....... have asked for a cert of satisfaction .... i closed the business down so the judgement will sit at the premises that i occupied, i occupy several premises so it will probably get lost in the system somewhere and it will be like a virtual judgement in cyberspace..... sole trader at that address by the way

 

so mr hceo are you really a hceo

[westgarth]

does anyone know ..... if a high court writ is taken out by a solicitor forllowing a county court judgement is there an actual document produced by the high court with a high court stamp etc. The reason I ask is that I have been trying to get from the solicitor or the HCEO a copy of the writ and so far they have not produced one, the HCEO has sent me a copy of a writ that is not on High Court paper, doesnt have a court stamp on it but the so called copy writ has been stamped with the sheriffs stamp...... any comments ?

[ploddertom]

does anyone know ..... if a high court writ is taken out by a solicitor forllowing a county court judgement is there an actual document produced by the high court with a high court stamp etc. The reason I ask is that I have been trying to get from the solicitor or the HCEO a copy of the writ and so far they have not produced one, the HCEO has sent me a copy of a writ that is not on High Court paper, doesnt have a court stamp on it but the so called copy writ has been stamped with the sheriffs stamp...... any comments ?

 

Unfortunately it does sound OK. Can you scan and post as long as you remove personal details.

 

PT

[westgarth]

Unfortunately it does sound OK. Can you scan and post as long as you remove personal details.

 

PT

 

I cant understand why the high court writ would not be on hight court paperwork to make it official ? and why would the HCEO stamp it with their stamp ? I somejow think its a blagg, the HSEO has already had to refund me nearly £400 in costs for fees they should not have charged for and I think its just another way to get an extra £110 out of me...

 

Their answers to my emails are a bit evasive

[ploddertom]

I cant understand why the high court writ would not be on hight court paperwork to make it official ? and why would the HCEO stamp it with their stamp ?

 

The original will be filed for safekeeping and this will be their "copy" produced in their own manner.

 

I somejow think its a blagg, the HSEO has already had to refund me nearly £400 in costs for fees they should not have charged for and I think its just another way to get an extra £110 out of me...

 

Their answers to my emails are a bit evasive

 

I think to get answers you need to send them a SAR - cost £10 but well worth it for what you should get back. It will allow you to see what fees were charged and when and let you challenge some of the fees that have not been refunded.

 

PT

[westgarth]

I think to get answers you need to send them a SAR - cost £10 but well worth it for what you should get back. It will allow you to see what fees were charged and when and let you challenge some of the fees that have not been refunded.

 

PT

 

I got from them a breakdown of charges and challenged the ones that stood out as being false, they have refunded me and said it was an oversights, but as I have said previously their official paperwork had the total fee charge that they were going to collect irrespective of what action they had to take and as far as I am concerned that was intent to deceive and might be classed as fraud .....I have asked them if it is standard practice to collect fee's in this manner and they have said no and the 2 enforcement officers will be repremanded, re trained etc etc... I have asked to see a copy of the official high court writ taken out, but they have sent me by email a piece of paperwork that is not from the High Court , carries no High Court certification, stamp seal etc. The HCEO has stamped it with his stamp and it is laid out like the front page of the paperwork that their officer gave to me when I met him ---- hopefully they haven't applied for a writ, charged me as if they had and dropped themselves further in it... cos I aint going away till I get every question answered and dealt with etc...

 

so does anyone know what an official copy of a high court writ should look like ?

[ploddertom]

As said earlier send them the SAR as this produces more than what you have now. I should have said earlier pay for it with a Postal Order as this is guaranteed payment.

 

PT

[westgarth]

has anyone got any views regarding the fraud act 2006 and the fact that the HCEO knowingly charged fee's that were not allowed to be charged as I am considering lobbing it over to him as a bit of a shot across his bow...

 

2

Fraud by false representation

(1)A person is in breach of this section if he—

(a)dishonestly makes a false representation, and

(b)intends, by making the representation—

(i)to make a gain for himself or another, or

(ii)to cause loss to another or to expose another to a risk of loss.

 

(2)A representation is false if—

(a)it is untrue or misleading, and

(b)the person making it knows that it is, or might be, untrue or misleading.

 

(3)“Representation” means any representation as to fact or law, including a representation as to the state of mind of—

(a)the person making the representation, or

(b)any other person.

 

(4)A representation may be express or implied.

 

(5)For the purposes of this section a representation may be regarded as made if it (or anything implying it) is submitted in any form to any system or device designed to receive, convey or respond to communications (with or without human intervention).

 

3

Fraud by failing to disclose informationA person is in breach of this section if he—

(a)dishonestly fails to disclose to another person information which he is under a legal duty to disclose, and

(b)intends, by failing to disclose the information—

(i)to make a gain for himself or another, or

(ii)to cause loss to another or to expose another to a risk of loss.

 

4

Fraud by abuse of position

(1)A person is in breach of this section if he—

(a)occupies a position in which he is expected to safeguard, or not to act against, the financial interests of another person,

(b)dishonestly abuses that position, and

©intends, by means of the abuse of that position—

(i)to make a gain for himself or another, or

(ii)to cause loss to another or to expose another to a risk of loss.

(2)A person may be regarded as having abused his position even though his conduct consisted of an omission rather than an act.

[hallowitch]

Have a read of this

 

Lords Hansard text for 20 Apr 200720 Apr 2007 (pt 0001)

[westgarth]

Have a read of this

 

Lords Hansard text for 20 Apr 200720 Apr 2007 (pt 0001)

 

thanks for the interesting piece of information, I will copy the relevant section and use it accordingly..... I am at the throat of the solicitor at the moment who is refusing to give me sight of the high court writ saying that the case is now closed. I am demanding seeing it as they are supposed to be the ones who have filled for the writ and have been paid the relevant costs by me. I am saying that they are responsible to provide me with a copy of the writ. I have spoken to a very informative sheriffs office earlier today who told me that a copy of the writ should have been presented to me when the HCEO met with me and demanded payment under its terms and conditions . I was also told that the writ should have been sealed with a court stamp.

All I can get from the HCEO is a copy of a document that they have put together and added their own stamp, I really hope that they haven't obtained a writ and they have tried to blag another £100 out of me thinking that like most people I would be glad to get them off my back... unfortunately for them I have time on my hands and have been in business tooo long to lay down and take it up the jacksi...