Urgent help please re HCEO seizure notice

[kelp]

Hi guys, We urgently need your help and advice and apologies if this has been already covered in Cag but my head isnt working at the moment.Ive read and re-read your articles and am in a total muddle now so if you can reply to my thread it would be more than appreciated.

 

We owe back rent on a lock-up we used to have, not council tax, and its now gone through high court and the bailiff called at the house the week before last. He didnt gain entry and shoved papers through the letter box, a notice of seizure and a walking possession agreement which we havent as yet signed. Another paper came with those,starting with paragraph 5 down to a paragraph 11. Paragraph 11 says 'the goods seized are all those referred to at 2 but, in case there is any doubt, the following items are included in the seizure:'.............

- it then lists a vehicle registration number [which is nothing to do with us] and also says...'and all other goods to the value of outstanding debt' [there wasnt a paper with a paragraph 2]

Because I have read somewhere not to sign the walking possession we havent done so but on reading the notice it says 'if any of the goods seized are not your property, you must tell the owner about the seizure and they must write to the enforcement officer claiming the goods within 5 days'. We dont know who owns the vehicle but think it was visiting someone living in our street and its gone past the 'within 5 days' now..what do we do?

After the bailiffs initial visit we phoned his number which was on the notice and asked what to do next...he said to sign and return the walking possession and get intouch with the Sheriffs Office to arrange payment and he would be back in 2 weeks [which is this coming week]. We couldnt speak to anyone at the office, the phone number being a pre-recorded message so we emailed them, on 11th Oct with an offer of payment....not all of the outstanding but most of the initial debt plus a weekly amount to pay off the remainder[the rest being court costs etc] and they replied on the12th saying they would contact their clients and advise us of the outcome as soon as possible. Up to now there hasnt been a reply.

I am worried sick now that we shouldve sent in the walking agreement especially since it has a vehicle listed on it and it says 'failure to sign may result in the removal of goods seized without further notice' etc...please help...what should we do? and what should we do when the bailiff returns this week?

[casbah]

Hey Kelp

 

I have/had a similar problem to yours ( mine is a water bill) I wrote to the High court and asked them for more time to pay.

 

They informed me that decision had not been made yet and it was still in front of the Judges. So IMHO bailiffs are balliffs regardless of court!.

I know you said what the debt is but have you had the county court paperwork? ( you must have for it to go to High court).

 

Right I suggest you write to the High court, telling them why this was not dealt with 1) sooner and 2) at county court level. takes a bit of pride swallowing, but nothing compared to 2 hairy ar**d fellas knocking your door with a big white van

 

I did this and I got a reply yesterday telling me a stay of execution until 30/11/10 and liberty to apply to vary or set aside................

The last bit I'm not too sure what it means hence me being on here, but I'm just looking for confirmation, then I can tell you my experience further.

 

And finally, and maybe most importantly, please try and relax, you'll think much more clearly and you'll be able to make better decisions.

 

I wonder ..........did you deal with it at county court level? maybe if you hadn't that looks to the courts as admission so they just carry on regardless! and don't forget the 'recession' is just beginning to bite for a lot of people and the courts are aware of this

[hallowitch]

hi welcome to cag

 

Don't worry about sending back the walking possession agreement the bailiff has never been in your home so he cant levy goods inside it by putting a notice of seizure through your letterbox

 

as for the car send an e-mail to the Sheriffs Office and the council informing them that the bailiff has levied against a vehicle that does not belong to you that you have no knowledge of ownership tell them a DVLA check will confirm this ask them to send a breakdown of fees and a letter confirming that any fees regarding the levy on the vehicle have been removed

 

 

can you confirm that a ccj has been granted and that it is HCEO who are collecting the debt

what firm of HCEO/bailiffs is it

 

regardless of whether its HCEO or bailiffs the above stands regarding the levy

do not let them into your house no matter what they say

if you have a car don't leave it in the street

 

keep copy's of everything you /they send try not to phone them keep all correspondence in writing and always copy in the council

 

MOST IMPORTANT THING IS TO KEEP THEM OUT OF YOUR HOME AND KEEP THE CAR THE AWAY FROM THERE

 

I'm going to send a PM to ploddertom to have a look at this for you

[kelp]

Hi Casbah and Hallowitch, thankyou both for your replies. I know I said this was urgent but I am going to take some time off now and try and follow Casbah's advice and relax tonight, I havent stopped shaking for weeks. Sorry to hear youre going/been through it too Casbah, it's just horrible. Hallowitch Ill mail the Sheriffs Office re the car as you suggested, thankyou..will do it tomorrow. Yes its the High Court and the HCEO, firm is The Sheriffs Office Croydon.

Casbah and Hallowitch, I'll come back tomorrow and read your mails properly and hopefully be more relaxed and be able to take in all you say and reply to you properly. Im just thankful youre all here. Tc best wishes.

[casbah]

You will get lots of good advice on here, each of us putting little bits to you.

 

Now if like me you had a "breakdown" of their fees enclosed with the letter, hand posted through your door, then I'd still do what HW said............if you want to pursue the bailiffs! now at this very early stage I have decided not to go this route, basically because they haven't had nor got my money! And as I have written to the court, at least the court that 'issued' this order is aware there are some discrepencies! But if you do decide to pursue this route then ask for the breakdown as HW suggested.

 

Bailiffs are not for the feint hearted, INMHO, they float the law,ignore the law and in my experience they break the law!!! And they are muppets! ( sorry Kermit) I personally won't waste my time and energy pampering to their whims!

 

have a good weekend

 

cas

[casbah]

And I know you are on here, I thought you was going to relax and chill out!!! or as my teenager says chillax

[kelp]

..I wasnt here Casbah, I'd forgotten to log out

 

Hallowitch, Ive mailed the Sheriffs Office re the vehicle as you suggested but why do I need to tell the council and which department do I need to tell? sorry if Im appearing a bit thick here

[hallowitch]

e-mail the revenues department

 

the reason for e-mailing the council is because they employed the sheriff/bailiffs to collect the outstanding debt therefore they are responsible for all actions taken by them including fees and unlawful Levy's

 

IF anything happens to car or they don't remove the fees you have proof you that you informed both council and sheriff

[kelp]

ah right....I didnt know that..thankyou. I'll go do it now

[kelp]

ok, done.

...but when this levy is lifted does this now mean that yet another car innocently parked outside our house, belonging to god knows who again, can be levied and we go through it all again ..until everythings paid and settled?