notice of seizure from High Court enforcement

[mercutio3]

I have received a notice of seizure from Andrew Wilson and Co Writ no xxxx High Court Claim number xxxxxx

 

The claim is for Judgement Debt £3200 and fees of £1032.60

 

This for a debt which is jointly and severally owed by me and a former partner.

 

After defaulting on a consent order of £100 per month, a suspended attachment of earnings order was made on the 4th of August 2009 for a total of £2574. But only against my partner.

 

This required that £25 per month be paid to the solicitors directly.

 

To my knowledge this has been paid by direct debit every month to the bank acct of the solicitors. We pay half each.

 

9 months at £25 per month would leave the outstanding amount owed being £2349.

 

I am terminally ill, on IB and DLA and in and out of hospital. I came home from hospital today to find the Notice of Seizure.

 

The solicitors have today informed me that the suspended attachment of earnings only applies to my former partner. Apparently they can still go for me even though the £25 is being paid regularly.

 

I have no assets and I'm paying half of the attachment of earnings. I thought that this was sufficent to sevice the debt.

 

The solicitors won't respond to e:mails and the County court say they can't help as it is now a High court matter.

 

I don't really understand the ins and outs, but I thought I was doing the right thing paying the £12.50 a month. I'm not trying to get out of or not face up to my situation. But whatever it is I'm doing it's not right.

 

The stress of this ihas a serious affect on my well being and I have quite a lot on my plate as it stands.

 

Can anyone advise what's the best course of action?

 

Many thanks in anticipation.

[ploddertom]

"Vulnerable Situations

High Court Enforcement Officers recognise that they have a role in ensuring that the vulnerable and socially excluded are protected and that, where appropriate, the recovery process includes procedures agreed with the creditor about how such situations should be dealt with.

 

The appropriate use of discretion is core to how an HCEO will approach any given situation; he or she will use their experience to handle members of the public with due care and consideration.

 

HCEOs will contact the creditor and report the circumstances in situations where there is potential cause for concern. If necessary, the High Court Enforcement Officer will advise the creditor if further action is appropriate.

 

The exercise of appropriate discretion is needed not only to protect the debtor, but also the High Court Enforcement Officer, who has been trained to avoid taking action which could lead to accusations of inappropriate behaviour.

 

High Court Enforcement Officers must withdraw from domestic premises if the only person present is, or appears to be, under the age of 18; they will ask when the debtor will be home, if appropriate.

 

High Court Enforcement Officers will withdraw from making enquiries at any address if the only persons present are children who appear to be under the age of 12.

 

Wherever possible, High Court Enforcement Officers will have arrangements in place for rapidly accessing translation services when these are needed and providing, on request, information in large print or in Braille for debtors with impaired sight.

 

Although not exhaustive, HCEOs recognise the following groups as being potentially vulnerable and will act accordingly:

• The elderly;
  
• People with a disability;
  
• The seriously ill;
  
• The recently bereaved;
  
• Single parent families;
  
• Pregnant women;
  
• Unemployed people; and,
  
• Those who have obvious difficulty in understanding, speaking or reading English."
  

The above is taken from the High Court Enforcement Officers Association website, given your circumstances you need to address a letter to the HCEO company outlining your present circumstances - you may also need to provide proof of your illness to them - a doctors note or copy of hospital letter for instance. I have asked Kelcou to drop by as she is an gem when it comes to writing letters, she can help formulate a letter about your circumstances.

 

In the meantime you must at all costs prevent the HCEO from gaining entry to your home. He is a very forceful character but as long as you keep him out there is nothing he can do. However if you have detached buildings - garage - he is allowed to force entry if he believes there are goods inside to satisfy a proportion of the debt. He would also be allowed to to take or levy any items lying loose outside - garden furniture and in particular any motor vehicles. He is not allowed to force entry to your home as he is only allowed to gain peaceful entry.

 

The Court are incorrect in their advice - only enforcement is dealt with through the High Court - the original orders made are still subject to County Court jurisdiction. I assume that because the AOE is suspended the payments you are making are voluntary. If you stopped paying your share could your ex-partner pay double?

 

If you can prevent the HCEO from gaining access or any agreement with him he has to return the Writ to the Claimant - no costs to you. When that happens it just reverts back to the original CCJ and whatever other Orders are in place.

 

PT

[patrickq1]

can you tell us a bit more as in what was the debt and when

also if you can post the sezuire order as produced by the sols ,are you no longer with your partner and who actually owned the debt ?

dont worry too much it can be sorted...

patrickq1

[RaeUK]

Hi mercutio3,

I'll put a template letter in this thread for you tonight. Just thought I'd drop by and say so lest you take a peek before bedtime. Please rest and relax, you have enough on your plate. Be assured that the HCEO actions are wrong.

Obviously, my advice is purely regarding your vulnerable status. It is run alongside of other advice you may receive.

Best wishes

Rae.

Edited April 8, 2010 by RaeUK
Thanks PT

[patrickq1]

In the meantime you must at all costs prevent the HCEO from gaining entry to your home

yes keep windows and doors locked speak to strangers through the locked door ....

[ploddertom]

In all fairness the HCEO wouldn't have known about your circumstances as you obviously weren't in when he called and had no idea where you were. However if the Solicitor who instigated this did know but didn't pass these details on he should then be reported to the SRA.

 

Of course once the HCEO does have a letter confirming everything then he has no excuse.

 

PT

[patrickq1]

i think the SRA will just bin the complaint as the solicitors are their paymasters i would send the complaint if they did know but my head and heart tells me it is very very rare for the SRA to take action unless it was out and out fraud case proven in court....my opinion only

[RaeUK]

Lol, PT, only had a quick read so far! . Always a believer in fairness...

Best wishes

rae.

[mercutio3]

Hi everyone who replied, I cannot thank you all enough. Good to know there are still decent people in the world.

 

OK, the debt is an old business debt from before I was diagnosed. They hooked my ex partner in because she was handling the admin. It is about 4 years old, it is mine but my ex got tangled in. As you can imagine she was chuffed, but has been a star.

 

I'm a bit knackered now.

 

I'll draft a letter to the HCEO and the SRA in the morning. I'll also send a mail to the solicitor outlining the points from Patrickq1 and see what they say.

 

Can I ask the High Court to suspend the order in light of the disparity in the figures and my own ignorance/sharp practice of thes solicitors?

 

Thanks again to Rae, PT and Patrickq1.

 

best

 

mercutio3

[RaeUK]

Hi, here is a basic template for you.

I apologise that it's a little light on content - but there isn't a great deal in your original post regarding your illness and benefits. Therefore there are more square brackets than I'd usually use [ie enter more data here type things].

If you want to provide more details then I'm happy to re-write or you can just add your own and do your own thing as you prefer.

Of course, my usual rules apply. You may use the template freely, ignore it, amend it or whatever.

 

......................................

 

Dear Sir

 

Reference number:

 

I am writing with regard to the above account relating to a Court Warrant your company has been requested to enforce.

 

It would appear, from advice that I have received, my circumstances are classed as 'vulnerable' according to the National Standards for Enforcement Agents. The reason for this is that I have a terminal illness. This is [name illness / condition / disease]. As you may be aware [name illness] is a [serious, progressive and painful condition?] [continue with brief description]. As a consequence, the Department for Works and Pensions have awarded me Disability Living Allowance [at what rate?] and Incapacity Benefit.

 

I will be contacting my GP in order to obtain evidence of my medical condition for you. This evidence will be forwarded under separate cover at the earliest opportunity together with proof of benefits.

 

In the meantime, please visit the following site for further information:

 

[i usually include a web link to the DWPs A to Z of Medical Conditions or similarly respected site].

 

As the current situation is having an aggravated and detrimental affect on my health, I would like to formally request that this account be referred back to XXX Court in order that an affordable and sustainable payment plan can be put in place.

 

I also respectfully request that, in the meantime, you do not visit my property as this will cause me further undue stress and anxiety.

 

I would be grateful if you would please confirm safe receipt of this letter.

 

A copy of this letter has also been sent to XXX Court and XYZ Solicitors for their information.

 

Yours faithfully.

 

 

 

Please note: This correspondence is being sent by both electronic and conventional mail.

 

...............................

 

Email a copy to the relevant court, hard copy by signed for. Email to the HCEO firm, copy by signed for. And you might as well email those pesky solicitors and hard copy by signed for. Apols for your postal budget being blown.

I have mentioned the National Standards for Enforcement Agents. Just for clarification, these are the original standards that the HCEOA code of conduct mirrors.

 

Best wishes

Rae.

Edited April 9, 2010 by RaeUK
finger induced keyboard malfunction...

[ploddertom]

OK, the debt is an old business debt from before I was diagnosed. They hooked my ex partner in because she was handling the admin. It is about 4 years old, it is mine but my ex got tangled in. As you can imagine she was chuffed, but has been a star.

 

If business what was the status you traded under?

.Can I ask the High Court to suspend the order in light of the disparity in the figures and my own ignorance/sharp practice of thes solicitors?

 

You would need some grounds to be able to this, the chances are that the "disparity" you have with the figures are the HCEO fees that have been added - that is why it is most important to keep him out at all costs to save even more.

 

 

PT

[mercutio3]

Hi PT,

 

thank you for your response.

 

I was a sole trader

 

 

 

The claim is for Judgement Debt £3200 and fees of £1032.60

 

This is the same figure as the original Consent and does not reflect the payments made in the interim time.

 

After defaulting on a Consent order of £100 per month, a suspended attachment of earnings order was made on the 4th of August 2009 for a total of £2574.

 

 

I hope this makes sense

 

 

Mercutio3

[mercutio3]

Hi Rae,

 

thanks so much for the template it was brilliant and helped me frame what I needed to say much more clearly than I could have done on my own.

 

I have sent of all my letters and various copies and doctors reports by e:mail, will do hard copies tomorrow.

 

Feeling a lot more positive and will rest a lot easier thanks to everyones efforts.

 

Three cheers for CAG.

 

mercutio3

[ploddertom]

Hi PT,

 

thank you for your response.

 

I was a sole trader

 

In that case I don't see how your partner became involved other than working for you - it would be like me having my staff penalised for any debts I owed.

The claim is for Judgement Debt £3200 and fees of £1032.60

 

This is the same figure as the original Consent and does not reflect the payments made in the interim time.

 

There should be a section on the Writ that says about payments received, if not it appears the solicitor has been naughty again by not disclosing payments made.

 

After defaulting on a Consent order of £100 per month, a suspended attachment of earnings order was made on the 4th of August 2009 for a total of £2574.

 

 

I hope this makes sense

 

 

Mercutio3

 

PT

[mercutio3]

Hi PT,

 

because she carried out the negotiations on this particular sale while I was first in hospital I think. She also did the following up when the sale went wrong. We were ripped off by an American supplier, which is what caused thr original problem.

 

The upshot is ther is a consent order against us both, 'joint and severally liable'. She has an attachmment of earnings for £25, of which I pay half. The attachment of earnings is against her only as she has a job.

 

I had thought that the judgement had been varied and that the £25 per month was all that's required. Apparently not, the solicitors are able to come after me even though they know I have no assets.

 

What can I do about the Solicitor requesting the original ammount rather than the current amount?

 

best

 

mercutio3

[ploddertom]

Hi PT,

 

because she carried out the negotiations on this particular sale while I was first in hospital I think. She also did the following up when the sale went wrong. We were ripped off by an American supplier, which is what caused thr original problem.

 

The upshot is ther is a consent order against us both, 'joint and severally liable'. She has an attachmment of earnings for £25, of which I pay half. The attachment of earnings is against her only as she has a job.

 

I had thought that the judgement had been varied and that the £25 per month was all that's required. Apparently not, the solicitors are able to come after me even though they know I have no assets.

 

What can I do about the Solicitor requesting the original ammount rather than the current amount?

 

best

 

mercutio3

 

Understand but think you have been screwed over it. As for the Solicitor getting the amounts wrong despite payments I'm not really sure - I suppose they could argue that as you have not paid a penny you owe it all as in reality they don't care who pays as long as lumped together they get their money. It may be worth emailing them them to see what they say - after all you have nothing to lose.

 

PT