H CEO please help I can't cope anymore

[Looneyfitter]

Right so i did a quick search. My computer is down at the moment so I am on my iphone so it's a little difficult.

 

Am I right in thinking that I should write to the HCEO to inform them that they have levied on vehicles owned by my company ()? Or do I write them "from my company" telling them that they have levied on goods not belonging to "me"?

[Looneyfitter]

Am I alone here?

[ploddertom]

If they have seized vehicles not belonging to the debtor then the owner needs to make a claim in writing to the HCEO as to ownership. The owner will need to provide proof of ownership by way way of copies of receipts etc.

[Looneyfitter]

If they have seized vehicles not belonging to the debtor then the owner needs to make a claim in writing to the HCEO as to ownership. The owner will need to provide proof of ownership by way way of copies of receipts etc.

 

Thanks Tom, it's my company that owns them. They were purchased when I was a sole trader. I went limited 6 months after I bought them and as far as I'm concerned they also became company assets.

 

I have the work invoices from my sole trader Acc being paid into my account, my account also shows the money being withdrawn to pay for the vehicles.

 

Would this be enough to prove they belong to the company. In comparison my tools also from my sole days became ltd assets.

 

Many thanks

[wonkeydonkey]

If the vehicles are registered to "Blogs Ltd" and the registration documents show that to be the case you need to send them copies of same. Only if the creditor refuses your third party claim and 'ownership' is challenged by way of interpleader, will you need to 'prove' purchase of the vehicles was made by the Ltd company. Then you will have to show the sole trader who purchased the vehicles, duly recorded the transfer of all assets on forming the Ltd company.

 

However, if your main concern is to protect the vehicles then, prior to returning to court you will need to make a proposal to the creditor or via the HCEO, that will enable a payment schedule be put in place to the satisfaction of both parties. When you attend the hearing for your variation order you give the exact same proposal to the court and ask the stay of execution be kept in place until the proposed regular payments see the Judgment satisfied.

 

As long as you stick to the terms of the agreement there can be no further enforcement action taken, however if you miss a payment or fail to ensure a payment is met on the due date, enforcement will automatically resume without any warning.

 

The above is all you need to do for the hearing, if you want to argue the fees charged to you it would be wise not to make any mention of them at that hearing. If after the hearing you are still of the opinion you have good reason to challenge the fees then you will need to start another action to the detailed assessment I mentioned earlier. Please be in no doubt..if you go down this route and lose the few hundred pounds you have challenged will look to be but a drop of rain in the ocean of costs!!!

[Looneyfitter]

Hi WD thanks for the lengthy response, you have cleared things up a lot for me. The HCEO has 10 more days to return the SAR back to me then I'm hoping to see what has been charged and why etc.

 

With regards to the vehicles they were still in my name as I thought this was the correct thing to do as I would be taxing them etc.

 

How would I have transferred them over legally as assets? I didn't realise that there was an official way to do this..

 

I have sent the HCEO this email.

Dear Sir/Madam. I have recently sought Legal Advice. I Have been advised to inform you that some actions your HCEO has carried out are not lawful.

 

I advised the HCEO verbally that the vehicles he has levied on do not belong to me, yet they have still been levied on and charges applied.

 

I informed him that the vehicles belong to my Ltd company and not me personally. I have proof to show this. The vehicles may well have been in my name however, this is to show that I am "responsible for registering and taxing the vehicles and does not prove ownership"

 

The caravan which was also levied on is used for storage and also belongs to my Ltd company.

 

I would request that any fees relating to these levies are removed from my account..

 

Kind Regards

[Looneyfitter]

Sorry I also meant to ask, will the SAR definitely show all the fees charged and for what visits etc?

 

Many Thanks

[HCEOs]

Sorry I also meant to ask, will the SAR definitely show all the fees charged and for what visits etc?

 

Many Thanks

 

Gareth

 

Not necessarily but the HCEO should provide you with thsi information when requested anyway.

 

An SAR is to show what information they hold on you. So often people are misguided as to the effect of an SAR.

[Looneyfitter]

Thanks HCEO. How are we supposed to get a complete breakdown of fees without going down the detailed Assesment route then?

 

Worried now that the Assesment may cost a fortune no own situation

[Looneyfitter]

???

[Looneyfitter]

Still no further with this . The SAR is now 2 weeks overdue and I've had no response.

 

What should I do?

 

Thanks

[lookinforinfo]

You can write to the HCEO reminding them that the SAR is overdue and saying that you will complain to the ICO if they do not deliver in 7 days time and copy in the ICO when you write.

The ICO are pretty slow off the mark generally, but when their name is involved hopefully that will motivate the company to send you the SAR. They can face a fine for not

complying and it is not as if they will have that much to send you anyway.

[Looneyfitter]

Hi thanks for the reply. I sent them the email and quoted about the ICO. They have replied saying I haven't payed the fee. Even though I paid directly to there bank and stated on the SAR that the payment should only be used for the SAR etc. being messed about big time

[HCEOs]

What are you actually hoping to glean from an SAR?

[SabreSheep]

Hi thanks for the reply. I sent them the email and quoted about the ICO. They have replied saying I haven't payed the fee. Even though I paid directly to there bank and stated on the SAR that the payment should only be used for the SAR etc. being messed about big time

 

 

You are entitled to the sar as you know so do not be dissuaded.

 

If they took the payment and did not provide you with the SAR I recommend a new complaint to the ICO and FCA providing them with proof of your sar request, proof of posting, proof of payment and their letter saying no payment received.

[Looneyfitter]

By obtaining the SAR I am hoping to see what has been charged, where and how much. The HCEO has still got proved what he's charged for etc. I have written to them numerous times asking for a full itemised breakdown. They have also levied on 3rd party goods like I have said so I need to know what fees have been charged for that and when etc. Once this is done, I can then pay any other fees due.

 

I am going to report them for not giving me the SAR anyway because as of today they are 3 weeks overdue.

 

I'm in court in 2 weeks and the judge will be expecting me to have resolved this. I've had a blow today as the solicitor which was dealing with my case has told me he is leaving the firm and will no longer be accepting instruction. He's given me no advice at all upto now. How do I roll the ball with regards to a detailed Assesment? And could I file an N1 form with regards to the fees he has charged?

 

My head is about to explode

 

Many thanks

[HCEOs]

OK, I'm a little confused as in post #11 you provided a detailed breakdown of the fees they have charged you.

 

Secondly, did the owner of the goods levied make a 3rd party claim at the time (as advised previously) and if so what was the outcome? Until it is proved the goods are not yours then the £161.59 Valuation Fee and £5.45 Daily Seizure Fee apply. These fees could be deducted after proof.

 

Whatever the answers to the above they should have complied with the SAR and you appear to have cause for complaint.

 

A detailed assessment should only be considered if you are sure the fees charged have been done so incorrectly. The assessment will only be on the 'incorrect fees' which means the cost of the assessment probably outweighs the application fee and time involved. Also if you are found in the wrong you could also end up with two sets of solicitors costs. Therefore you must consider this very carefully.

 

And no, an N1 form will be dismissed as there is the prescribed structure of challenging fees above. Again, you could end up with costs against you.

[Looneyfitter]

So sorry, I did reply to your last post but it hasn't posted??

 

Thanks for your reply. With regards to post 11, yes they did give a breakdown, but it is very vague. It doesn't show what charges they have added and for what reason/work they have done etc. I submitted the SAR in the hope that it would give me a full picture of what fees have been added. I would then be happy to pay what is owed etc.

 

One of my main concerns is they have levied on 3rd part goods. Like I said I have told them on numerous occasions the goods don't belong to my company and not me and they are not interested.

 

Also then they came to remove the 3rd party goods, I had to give them the £2000 which is offered to settle the account. When I paid this in cash to them, they then added £400 and said it was removal fees! To remove what? Goods which don't belong to me! So I would say there is at least £500 to come off.

 

Can I send them some sort of stat dec and a letter from my company making it more formal?

 

I'm really not very good with all this legal, paperwork stuff.

 

Thanks again for any help.

 

Regards

[ploddertom]

[quote=Looneyfitter;4546208

 

One of my main concerns is they have levied on 3rd part goods. Like I said I have told them on numerous occasions the goods don't belong to my company and not me and they are not interested.

 

 

With 3rd party goods the only way this can be done is for the owner to provide proof of ownership. It's no good you writing or just telling them - proof needs to be provided (by the owner) usually by way of an invoice or similar.

[HCEOs]

PT is right and further to this it needs to be in the right format. I did suggest you Google 'interpleader' in a previous post.

 

Any claim should be made by the owner of the goods (our company) and should specify the owners name and address, the exact goods claimed, any proof of purchase and if possible some explanation as to why they do not belong to the debtor (you).

 

Given the length of time its taken any claim is technically well out of date but even so, putting one in now may help your cause.

[Looneyfitter]

Many thanks. I will speak to the accountant . I will google interpleader too.

 

What would you say I'm am to do when I go into court on the 12th? I was hoping my solicitor would have all this sorted but he's left me in the lurch. I'm worried that when I go in the judge will say I've had enough time.

 

I've tried all I can to get my solicitor the details he wanted, emails, payments, n55's etc.

 

Cheers

[HCEOs]

To be honest, you really need to find another solicitor as soon as possible as it sounds a fairly complicated affair and representing yourself could end up costing you.

[Looneyfitter]

Hi just thought I'd post an update. I've been back into court. Before the court date, I sent the judge all the info I had, emails etc I had sent to the HCEO asking for breakdowns and costs. Also the numerous I & E forms I have sent after they said they hadn't received them.

 

The judge was in a lot better mood so to speak. He seemed to understand my predicament and was very understanding. I asked him to also note that this was the second time if been to see him and the other party hadn't even bothered to turn up.

 

Anyway he ordered that the creditor give me all the information I've asked for so hopefully I will receive this pronto.

 

Also the I sent the creditor the 3rd party claim over assets etc and they have admitted it and all levies have now been Lifted

 

My questions now are:

 

A. The last visit they made, they added £480 I'm fees ,when I questioned this, they said it was so much because they were taking the car and there was 2 of them. They collected £2000 cash this day. So is this fee now void? And any other previous fees they have added?

 

B. They say they have made 16 visits on this account. My question is why? I've never missed a payment since I set up the agreement in 2011. They said they had to visit to levy and to collect I & E forms. Now I have emailed them the I &E forms on numerous occasions and they said they hadn't received them.. Funny that eh!!! Where do I stand here?

 

Feel like I'm getting somewhere now . Many thanks

[Looneyfitter]

Anyone?

[Looneyfitter]

Any thoughts to the above?