High Court Enforcement company

[accounts]

Last year I started a case against my NFH -and applied to an injunction, as the NFH was informing me he was going to erect scaffold on my drive -to have his roof repaired.

Thereby stopping me any access on my drive -he has no permisison to come onto my property following years of problems.

 

In March, I started to be ill, and on 31st March received a letter for court hearing in May.

 

I wrote to NFH solicitors and the court, and included copy of my hospital letter confirming I had an appointment the same date as the court hearing

and informing them that I would not be proceeding due to my health.

 

I had several letters from NFH solicitors insisting that I attend the hearing, I rang the court several times and each time they told me the hearing would go ahead.

 

I went the hospital, and had a medical report and sent to the court to confirm issues.

 

I heard nothing, for months, then a letter came saying that I must pay the court and solicitor fees up to July,

as the solicitor proceeded with the case, and the court eharing went ahead.

 

I sent a letter to object to the costs, to the solicitor and the court as I would accept liability till I sent the letter on 5th April-but did not see how I could be liable thereafter.

 

The court wrote and again requested GP report -this was sent to them.

 

In Sepetember, received letter saying I had an order of £3592 against me -as the NFH had written to the court and I had made no objections to costs.

I wrote to the court and stated I had objected and the next day a letter came from their solicitor.

 

This stated I have to pay £3592, and if I don't reply in seven days he would -inform bailiffs, or take a charge on my property.

 

I immediately replied -and he received the letter two days letter (prrof of postage obtained), and in the meantime I had a letter from the courts,

informing me to file an N244 -to have the application set aside.

 

This was returned to the court together with EX160 -as I am only at work three days -if possible due to my health issues.

 

The court returned all forms as the EX160 had been updated, I completed and sent straight back-last Monday.

 

Tuesday, I had a note from High Enforcement -take formal notice, stating that they had come for goods/etc for a debt of £4400.

I rang the court on Friday and they confirmed receipt of N244 -and told me I will hear something by end of next week,

I also rang the High Court Enforement company and informed them that I had filed an N244.

 

I am worried to death, ill health, possible another major operation in next few months (for severe endometriosis), I really don't know what to do.

 

The costs have increased by anothr £900-I assume for the officer to visit,

I am disgusted that the solicitor stated if he did not receive a reply in 7 days then he would take action,

my letter was posted the next day and he received it the following-I have proof -therefore in two days and yet he has gone ahead with the bailiffs.

 

To me, I don't think this is the correct approach by a solicitor, is it legal?

In the reply, I informed him that I was still having correspondence from the court and that I would settle an amount once the court had dealt with it.

 

What I am worried of is, if they break into my house?, I am on 'pins' all day long incase anybody calls.

 

When I spoke to the company last friday, she accepted the fact That I had filed an n244-and also the fact that that I have serious health issues.

 

If I'd have known I was going to be ill, clealry, I wouldn't have started the case-the company did his roof, and damaged my drive in the meantime

-with no permisison anyway -but thats bye the bye. My concenrn is this company, and the solicitor.

 

Can anybody say if he has acted correctly-within legal rules?

 

The court were not aware of the notice and tehrefore solicitor has gone ahead and done this himself.

 

How can they say the costs have increased another £900+when the solicitor didn't liase with the court to see what they were doing.

 

I understand that My right to a fair trial -is a breach of article 6 -as they went ahead with the hearing in May -and awarded me the costs

-knowing and having the evidence of my hospital appointment. The GP also sent report and confirmation.

 

I have heard that I could also be covered within the disability discrimination act-as my illness is affecting my daily activities

-6lots of medication daily, and monthly injections, then anti-depressents as well.

 

I ahd an issue with not sleeping, prior to this week -now it is much worse -4 hours a night if I am lucky

Go to GP again tomorrow.

 

Any help, advise, please will be appreciated.

[ploddertom]

You are going to need to file another N244 complete with another EX160 - this time applying for a Stay of Execution against the HCEO, the grounds you will be claiming on are :

a - pending determination of your Set Aside application - you will need to give details of your application

b - you cannot afford the fees the HCEO is charging

 

Also because of your condition you may be classified as "vulnerable" according to the National Standards for Enforcement Agents http://webarchive.nationalarchives.gov.uk/+/http://www.dca.gov.uk/enforcement/agents02.htm#part10 . You will need to provide proof of your condition to both the HCEO Company and the Creditor.

 

PT

[accounts]

Many thanks for your advice.

Have been to GP today, broke down in tears -told him the issue, and immediately increased my medication. Now on 16 tablets a day -to control pain, anti-depressents etc and a monthly hormone injection. Also said he is prepared to do a further updated report for enforcement company if needed,

I am sending copy of all hospital letters and previous GP report to enforcement company -have previously sent everything to the court, NFH solicitor anyway.

The main issues I do have are -breach of article 6 - My right to a fair trial -as the court and nfh solicitor insisted the hearing went ahead in my absence-when I had hospital appointment.

 

The otehr factor which I cannot find any info on-is teh fact the solicitor has appointed the bailiffs even though I fulfilled the criteris in his letter -I replied in two days, and he stated i had seven days. I cannot establish if he can do this, I realise it is not professional, and likewise everyone has agreed -but not sure what law/rule would have been broken.

 

Anybody any advice in this -if a solicitor states-if no reply is received in seven days -then the bailiffs will be contacted or a charge made on my property -I sent reply which he received in two days -and still he has appointed the bailiffs and also charged around £900 -in costs for thsi.

 

Please, any advice or suggestions where i can find info would be apprciated.

 

Jut so fed up/low, in pain every day, depressed, just cannot relax-incase the bailiffs call again.

 

Please help me.

[ploddertom]

The timetable goes something similar to this:

 

You have a debt you have not paid and Claimant issues proceedings in County Court

You lose case because you have not:

a - filed a defence or any other docs with Court

b - did not appear at any Hearing

c - had not been able to overcome Claimants claim

If you were then adjudged Judgment by Default then the monies become payable immediately (forthwith)

As no response and no payment Claimant may enforce the Judgment - in this case by employing HCEO

HCEO does not have to give prior warning of any visit

 

Sounds harsh I know but I don't make the rules. So far you appear to have done everything correctly but I would seriously give thought to any suggestion of using HRA - think it may be fraught with difficulties.

 

PT

[accounts]

Many thanks for your reply. Will send all hospital and GP report to high court enforcemnt company.

Originally I thought the officer was appointed by the court -I was confused, and then realised the company was a national company which could be employed to collect debts etc. Just a little confusing I think due to their name.

The judgement was made following a hearing and letter which had been submitted by my neighbours stating I had not objected to costs. I have objected several times to court and solicitor and have requested a breakdown of costs -whiah I know I am legally entitled to -but solicitor refuses.

I am then confused by the court writing and saying that I could apply to have the order set aside -at the same time as the solicitor sent a letter informing me I had seven days to reply. The solicitor being aware that the court was still communicationg, then proceeds with bailiffs -just seems confusing that he has doen this unaware to the court knowing.

I thought that the court had to be made aware of this -as they normally are open and fair, could this go against the solicitor -as clearly the court are communicating-and clearly will be reviewing my application this week.

Does it sound reasonable that I will accept liability for costs to 5th April -when I adjourned the case, but solicitor continued to work on case for neighbour-thereby incurring costs, hence the reason I have asked for a breakdown -but he refuses, thought I was cevered by consumerlaw.

I know solicitors will recover costs for officers, but I really didn't think the solicitor would appoint them so soon with the court acting-I assume I will have to pay these additional costs?

[accounts]

Many thanks for your reply. Will send all hospital and GP report to high court enforcemnt company.

Originally I thought the officer was appointed by the court -I was confused, and then realised the company was a national company which could be employed to collect debts etc. Just a little confusing I think due to their name.

The judgement was made following a hearing and letter which had been submitted by my neighbours stating I had not objected to costs. I have objected several times to court and solicitor and have requested a breakdown of costs -whiah I know I am legally entitled to -but solicitor refuses.

I am then confused by the court writing and saying that I could apply to have the order set aside -at the same time as the solicitor sent a letter informing me I had seven days to reply. The solicitor being aware that the court was still communicationg, then proceeds with bailiffs -just seems confusing that he has doen this unaware to the court knowing.

I thought that the court had to be made aware of this -as they normally are open and fair, could this go against the solicitor -as clearly the court are communicating-and clearly will be reviewing my application this week.

Does it sound reasonable that I will accept liability for costs to 5th April -when I adjourned the case, but solicitor continued to work on case for neighbour-thereby incurring costs, hence the reason I have asked for a breakdown -but he refuses, thought I was cevered by consumerlaw.

I know solicitors will recover costs for officers, but I really didn't think the solicitor would appoint them so soon with the court acting-I assume I will have to pay these additional costs?

 

I have always replied to the solicitor and would like to make you aware of this, as it appears that you may not have been aware. When the solicitor gave me seven days -I replied in two -therefore fulfilling his terms.

Edited October 18, 2011 by accounts

[accounts]

Many thanks for advice and support.

 

Not heard anything yet, but currently completing N244 -gainst HCEO-as advised.

 

Will send another fee remission etc, as previously, and await replies.

 

Still in panic mood-and scared incase bailiffs call gain, but under strict instructions not to allow them in

All doors windows are closed, but nowehre to park car -it is on my drive.

 

I have reseracehed health info, and apepar to fall into vulnerable -due to health (severe pelvic pains, back problem, and on anti-depressants) these3 are all muchly long term.

 

Hoping this will protect me as well -although neighbours solicitor has not taken anything into account.

 

Still so annoyed I replied to solicitor -as he stated and he has proceeded with bailiffs, could understand if I hadn't replied.

 

Why hasn't re liased with the court -who were sending n244 -etc -to me.

 

So fed up. don't know where to turn.

[accounts]

Apologies for previous duplication.

 

Just completing N244 re HCEO and have a couple of queries:-

 

Do I assume the case reference is teh same as with my neighbour ?? or will it be a new one.

 

Is a 'stay of execution' the only action against HCEO fees -as I am thinking they could make me pay over a few months -can they be set aside??

 

Don't know too much in the legal system, did coevr little law some 20+ years ago for my accountancy exams- but so out of date now.

 

Can anyone please advise me and help me to complete the N244 - details, I had no issues with teh other one, just queries with this being gainst HCEO.

 

Please assist if posisble.

[ploddertom]

I do have a file that covers most of the application but will have to wait until this evening when I get home to access it. It is mentioned in some other threads if you want to search for it - try "N244" in search box.

 

PT

[accounts]

Thanks for that. Have tried a couple of searches, but I am willing to wait , no problem.

 

Many thanks for all yoru advice and support, which I am very appreciateive of.

[wonkeydonkey]

N244 Form:

 

 

 

Name of Court - where CCJ was awarded

Claim No - CCJ number

Warrant No - Put Writ No in here

Claimants Name - name of Claimant as entered on CCJ

Defendants Name - name of Defendant as entered on CCJ - yourself

Date - when you filled this in

Q1 - put your name in here

Q2 - tick relevant box

Q3 - a brief description - you are applying for a Stay of Execution on the following grounds:

i - you have no means of paying the Fees demanded

ii - the Claimant is accepting voluntary payments from you

iii - the HCEO is threatening to remove your works vehicle, without which you will have no means of gaining meaningful employment to earn a living

iv - you intend to file for a Variation in payments to put your voluntary payments on a formal footing

Q4 - tick no

Q5 - tick at a hearing

Q6 - leave blank

Q7 - leave blank unless relevant

Q8 - District Judge

Q9 - Claimant & Defendant & HCEO

Q10 - needs expansion of Q3 - better done on sheet(s) of paper with each point bulletted. Remember to copy Statement of Truth on to last sheet & sign + date. Tick statement of case on form and again sign + date

Q11 - fill your details in

[accounts]

Thanks you very much, for your time, advice and support -very much appreciate this. Will complete the form and post tomorrow.

 

Thanks again.

[ploddertom]

See WD has found it for you.

[accounts]

Yes, but many thanks for your time and offer.

 

Any advice on one further query:-

 

I could in fact pay the HCEO fees, but feel that the solicitor has not adhered to his terms and conditions:

 

If no response is received to this letter in seven days, they I will take further action.

 

I did reply, have proof of the reply and therefore feel that the solicitor is wrong to proceed, when I had sent him a reply stating that the court were dealing with the issue. He is also aware of my health and has clearly ignored this factor.

 

Not sure on the legal implications.

 

Have asked various sources, and all have said that the solicitor has breached his terms-but not sure on legislation.

 

Also, the letter received from Bailiffs states they can take goods in my absence -having undertaken research understand that they cannot do this on their first visit-or gain entry.

 

Hoping to post N244 today, and will ring court tomorrow for an update.

 

Another night of being awake, visited gp on monday and he is willing to write up a statement.

 

Medication was increased to max dosages, currently include numerous painkillers, anti-depressants. etc, resulting in 16 tablets aday.

 

Very certain that I will fall into vulnerable or disability category due to long term illnesses.

 

Will send details to HCEO, to update her on my status, clearly the solicitor has not updated them and has ignored this.

[accounts]

Waht I have failed to mention-not sure if it makes any difference -is that the notice of action was from a company -who act as bailiffs, and not the court. Originally I thought it was the high court -but was mistaken as this is the company, and the court are not aware of them acting -or at least they weren't last week when I spoke to the court.

[ploddertom]

If it has been transferred through the High Court for enforcement then your local County Court will have no idea this has been done as it has nothing to do with them. All HCEO's are from private companies.

 

PT

[accounts]

Thanks for your reply.

 

Have just rung the court -as I am so upset etc, and they have confirmed that the case has been listed for a hearing on 21st December, in reply to previous N244 -to have the case set aside.

 

Am I now right in thinking that the enforcement company cannot do anything at all until after that hearing.

 

Assume, I will have to take all GP records, letters, etc with me, plus evidence that I responded to solicitor etc.

 

Can anybody advise me how best to prepare for it. I know I have two months, but would like to be able to do notes/set up a file etc and then try and 'switch off' for a few weeks, as it is seriously affecting my health.

 

Just hope I am up to a court appearance -far from it at the moment.

 

Assume, I still need to file the other N244 ?

 

Anybody advise me?

 

Also, upon completeing the statement of income and expenditure statement -it stated that payments would comemnce at the end of the month. When I spoke to her on the phone last week -she insisted I filled it in-and tehreforeI entered £50.00 which was more than reasonable on the account -but should I make these payaments from end of oct -or best to wait till dec now??

 

Please help/advise.

Edited October 20, 2011 by accounts
omitted comments

[ploddertom]

having a date to have your Set Aside application heard will not stop enforcement from carrying on, this why you must submit another application immediately for a Stay of Execution as this will then halt any further enforcement or charges. If you do this I would advise strongly you take the application personally to the Court and explain the urgency of it - a Judge may be found who can hear your application immediately.

 

PT

[accounts]

Many thanks for your advice again. Form completed and delivered, got proof of delivery and stated it was urgent and that was it.

 

Will ring Monday ish for an update to see if anything is happening.

 

Rang lady from HCEO, infomred her of the set aside, and she asked about stay of execution-but told her I didn't know until I have a letter , but informed her I would take application today anyway to apply. The letter from the court-will probably arrive saturday as they always post 2nd class anyway.

 

Info from HCEO-stating payment to be made next week, then they want my bank details to set up SO, which I am very reluctant to give -would prefer to do the transfer myself rather than giving bank details.

 

Is it correct that the interest on the amount of £4400.00 will be accruing now on a daily basis-this is what I have been told. What if a stay of execution is given, where do I stand then with the interest? Also , they are insisting next weeks payment is made either debit or credit card -incurring either 2% or 4% charges, in addition to this, the balance of the debt has been increased by a further £50.00 admin fee.

 

Ridiculous. cannot believe what they are like.

 

Anybody know about interest if teh stay of execution is granted? Any other infor which may assist me please.

[accounts]

The HCEO are isnististing i make payment next week, and tehy are requesting my bank details.

 

I am not going to be forthcoming with the bank details though, I will make a transfer myself if need be.

 

The interest is worrying me -they say daily -but have not given a rate, also say an admin charge has been added etc.

 

Does interest accrue even if a stay of execution is granted??

 

Any know please?

[accounts]

I have just read a thread, that bailiffs cannot charge interest unless I have signed a credit agreement, in which case I have signed nothing -does anybody have any furtehr advice -or am I mistaken.

[wonkeydonkey]

a stay of execution is exactly what it says ....all actions are halted and that IMHO includes the interest until the Case is concluded but this is an area for legal expertise.

[accounts]

Thanks, I thought it would do, just thought I would have it confirmed, as the company are stating daily interest and also charges for debit /credit card transactions - (4%)which I know they cannot charge anyway by law. Will push the court next week, have appointment with cab next tuesday and this is near to the court. I might call in if I don't have any joy from them on monday-but assume they won't really tell me much face to face -never done it, but will try.

 

Obviously, a lot to be learn't in this position, doing research etc -but not being in good health is preventing me a lot as I cannot concentrate etc.

[ploddertom]

They are allowed to charged interest pursuant to S69 CCA at 8% pa from the date the debt became due, if for a business debt they could also charge for Late Payment. Yes they are allowed to charge Credit/Debit Card charges.

 

PT

[accounts]

Sorry -no update, have been ill all week.

 

Does anybody know where I can find a schedule of bailiff /high court enforcement charges?

 

My mum is really concerned for my health at present, and although the hearing has come through for dec -still awaiting the other application. She has said about paying off the £3582.8-which was the original debt, and then to argue the charges.

 

She has been informed there are several issues_

)my solicitor informed me that he would appoint bailiffs -if i failed to respond in 7 days -but i replied in 2

2) was not informed that bailiffs had been appointed, and no letetr from them before they visited

3)the debt was disputed -with the solicitor and it is illegal for a solicitor to appointment someone to collect a disputed debt

4)no breakdwon of fee received -dspite my request-they are legally obliged to supply this

5)She has been advised that they cannot charge -admin fees -?don't know

 

Any body have ideas in respect of charges etc, or furtehr advcie in respect of ehr suggestion