Received Notice of seizure from HCEO

[debtadvise]

Hi,

 

I had a knock on the door today to find a HCEO there. We spoke regarding some debt I agreed to and he wrote down my assets and I signed papers and were handed a Notice of Seizure.

 

The problem is this debt is tiny in comparison to what i owe. I am saving the funds to go bankrupt and feel now it will be too late. They can take my car and sell it for pennies to reduce this particular debt but I would likely keep the car through bankruptcy.

 

I am a bit unsure on what the next stages are. I was told to send a letter to them explaining that I am going bankrupt but worried that as soon as they get it, they will come and collect my goods.

[Thegreenpimpernel]

Hang in there debtadvice. There are people on here who know the ins and outs of HCEO's and High Court Judgements.

 

I'm not one of them!

 

They will like to know whether you were aware of the original CCJ, how much was it for, what is your car worth and is it on finance or HP.

 

If you can provide this info they will probably sort you out a bit quicker when they find the thread.

[debtadvise]

I was aware of the original CCJ yes but did nothing as i've been planning bankruptcy. Car is worth around £800 and not on finance. I'm told that in the bankrupcty I would be allowed to keep my car. Judgment debt was £985, its now £1576.

[Thegreenpimpernel]

There could be a glimmer of hope there.

 

I know the sale of the car should pay the fees plus some of the debt.

 

That sounds rather unlikely in this case.

 

Current fees nearly £600, plus removal, auction etc.

 

I will leave further advice for those who know more on this subject.

 

Good luck.

[debtadvise]

I could do with keeping my car though as it will broaded my job hunting searches.

[Thegreenpimpernel]

I don't want to raise false hope through limited knowledge, but what i am trying to say, is that they shouldn't sell your car if it will not cover the costs.

[ploddertom]

Hi,

 

I had a knock on the door today to find a HCEO there. We spoke regarding some debt I agreed to and he wrote down my assets and I signed papers and were handed a Notice of Seizure.

 

 

Apart from your car what other goods have been seized?

 

PT

[debtadvise]

the only other things that are mine are a washing machine, pc (but need that for business) and home cinema system (old). He did seize other things but they do not belong to me and my partner has to write a letter to them.

[fork-it]

When you complete your bankruptcy forms, just add the HCEO demand to the list of debts being nullified. Remember to point out on the form the fees the HCEO are not compliant to the The High Court Enforcement Officers Regulations 2004 because he fails to provide evidence it is reasonable costs. Otherwise HCEO fees are 2.5% of the debt.

[debtadvise]

Hello, this is a breakdown of the costs:

 

Judgment Debt: £985.65

Judgment Costs: £147.00

Execution Costs: £101.75

Interest to Date: £8.19

Officers Fees: £333.57

 

Total LEVY: £1576.17

 

Are you saying that these charges are unlawful? The problem I've got is if they come back between now and me affording to go bankrupt?

[fork-it]

You dont even have to answer the door to the HCEO.

 

The fees arent allowed because the law says he must prove it is costs in enforcing the debt and he fails to do so. The only statury fees is 2.5% on the first £100 and 5% on the rest, nothing else. The HCEO could even be making a false representation at the extent of his costs - a criminal offence under Section 2 of the Fraud Act.

 

There is no limit on what an HCEO can claim from you, but if the HCEO says a court or a Master has already ordered those costs against you while no such order exists then he commits an offence under Scetion 40(1)d of the Admistration of Justice Act 1970. If no such order exists then you have no statutory obligation to pay them.

 

Best policy is having nothing to do with him. Let him contact your bankruptcy practitioner.

[debtadvise]

Could I transfer the car over to my partner to avoid them taking it?

[Thegreenpimpernel]

Not if it's already been seized / levied on.

[debtadvise]

It has been seized on already but in fact, my partner bought the car anyway (have receipts with signatures proving this), I am the registered keeper and we are both on insurance. So if im right in effect I never owned the car although i mainly drive it and am the registered keeper (not owner)

[fork-it]

If you are not the owner then the levy is not valid, no fee.

 

RK is not ownership. Keep the receipts if challenged. Make your car safe.

[debtadvise]

Hi, I now have a date for my bankrupcty.

 

Are baliffs still entitled to collect my goods even though I have a confirmed apointment to go bankrupt?

[tomtubby]

Hi, I now have a date for my bankrupcty.

 

Are baliffs still entitled to collect my goods even though I have a confirmed apointment to go bankrupt?

 

As you had not received the summons, you need to apply for a STAY and at the same time, complete an N244 to SET ASIDE the Judgement.

[debtadvise]

Can somebody help me with this. The marston solicitors have called me today to let me know they will be taking goods on the 2nd March. Is there anything I can do to stop them? Seems silly when im going bankrupt!