High Court Enforcement company

[ploddertom]

Have a read http://www.hceoa.org.uk/regulatory-information/the-hceo-regulations-2004.html the Fees are towards the bottom under Schedule 3, Regulation 13.

 

PT

[accounts]

THanks for the link -I have tried to look -to no avail, not really able to concentrate etc -but thanks.

 

Having reviewed the fees -I have numerous queries, and would be grateful if somebody can please help me/advise me:

 

cost of execution -this is slightly overcharged -but not worth bothering with at .96p

Seizure fee (2.40)and enquiry fee (4.80)-they have stated are statutory -but cannot find any referecne to them

Mileage -charged £59.01 - maximum can charge -having looked is £50.00 - overcharge of £9.01

Valuation and seizure fee - is incurred when a levy is carried out over assets -this has never been done, stated that this is £3.52 initial cahrge plus .29 per day -for seizure fee, have never been inside property and done a valuation etc -dispute? charged £223.87 for valuation and 16.36 for daily seizure fee

Arrangement fee £50.00 - this is incurred when a repayment plan is agreed -my plan was not agreed -therefore dispute?

 

Administration fee - £162.00, and Financial Management fee £132.00- no mention other than possible miscellaneous expenses -but they must be applied for ?? do I dispute??

 

Poundage -being sum awarded to officer at set %-could not determine 5 -but charged £114.94 = 3.2%??

 

I want to send a reply to HCEo -recorded delivery asap, but would like confirmation on charges etc if somebody could please advise me-or if there is a template letter anywhere for overcharges etc, that I can use.

 

If I total the seizure (2.4) enquiry fee (4.8) mileage at (50.00) and poundage (114.94)=£172.14.

 

Clearly my main argument is the valuation fee -which is incurred when a levy is carried out on my assets -which hasn't taken place, arrangement fee - no repayment plan agree, and then the admin and financial management fee -which seem extortionate -but would just like confirmation on prices.

[ploddertom]

 

Cost of execution £111.75 - correct

Interest 8% £26.62 - probably correct

Officer costs:

Seizure fee - £2.40-nothing seized and not seen officer - dispute?

3. Seizure of goods

For each building or place at which goods are seized £2-00 - Worth challenging on the basis that no goods were ever seized.

 

Enquiry fee - £4.80

4. Making enquiries or dealing with claims for rent or to the goods

(1) For making enquiries as to claims for rent or to goods, including giving notice to parties of any such claims - a sum not exceeding £2.00

(2) For all expenses actually and reasonably incurred in relation to such work including any postage, telephone, fax and e-mail charges - a sum not exceeding £2.00 - again to be challenged on the basis of no goods seized so what work was done

 

Mileage £59.01

2. Mileage

Mileage from the enforcement officer's business address to the place of execution and return, in respect of one journey to seize goods and, if appropriate, one journey to remove the goods - 29.2 pence per mile, up to a maximum of £50.00 in total - may be OK but you should ask about the miles travelled as obviously only 1 journey was made

 

Valuation fee - £223.87-nothing has been valued etc-not been in property

Suspect they are claiming this under:

6. Sale of goods by auction

(2) When no sale takes place either by auction or private contract, but work has been done by the auctioneer or enforcement officer in preparing for a sale by auction, including the preparation of a detailed inventory of the goods seized -

(b) if the goods have not been removed from the debtor's premises, 5 per cent of the value of the goods plus expenses actually and reasonably incurred. - can be challenged again on the basis no goods etc have been seized therefore no work can have been done

 

Daily seizure Fee - £16.36 - ???

5. Taking possession, removal and storage of goods

(2) Where an enforcement officer takes walking possession under a walking possession agreement in the form set out in Schedule 4 to these Regulations - £0.25 per day - as no goods seized or no WPA signed this cannot be charged and should be removed

 

Arrangement fee - £50.00

12. Miscellaneous

For any matter not otherwise provided for, such sum as a Master, district judge or costs judge may allow upon application. - what arrangement was made?

 

Admin fee - £162.00

12. Miscellaneous

For any matter not otherwise provided for, such sum as a Master, district judge or costs judge may allow upon application - challenge as being excessive

 

Financial management fee - £132.00

12. Miscellaneous

For any matter not otherwise provided for, such sum as a Master, district judge or costs judge may allow upon application - how many Admin fees do they want, this is excessive and if no plan made then it is superflous

 

Poundage - £114.94

suspect they are using:

1. Percentage of amount recovered

For executing a writ of fieri facias, the following percentages of the amount recovered:

(a) on the first £100 - 5%

(b) above £100 - 2.5%

They may have executed the writ but have not recovered any money

 

 

Please note the charges are +VAT @20% which is why the mileage appears as in excess of £50 etc

 

PT

[accounts]

Many thanks for your reply. I will send a letter -recorded delivery -to challenge the costs in query-certainly the ones relating to goods seized etc, as nothing has been, also the arrangement fee -as no arrangement has been made plus the other fees -admin and financial management. These all add up to the majority of the £900+-leaving the costs of execution, interest and mileage as ok -but will ask miles travelled. Once again, many thanks for your time to reply.

 

Will let you know the outcome.

[accounts]

Due to my severe ill health, I am not stopping at home, but family are checking my property and High Court Enforcement Company -have sent an officer again today to collect the debt.

 

The balance has increased over £80.00 - since their updated letter on costs of 26/11. The officer has requested a copy of the court hearing date -for 21st december -which I have emailed again -this was originally sent 15th November 2011 - so she has already had this info. In addition to this she is stating that my letter disputing the costs is being reviewed at present.

 

I am far from happy:-

 

the request for infor -which has alkready been sent -court hearing date on 21st december,

the fact that I have disputed fees -letter sent recorded delivery -which she clearly is aware of -and states it is being reviewed-and yet she has still visited,

 

concerened even more now in case she charges further travel etc -but don't think she can as they have already claimed maximum charges.

 

What can I do?? can they collect a debt which I am disputing with them ?? nothing adds up to me either.

 

Worried that I am stopping with famil due to numerous illnesses but also in case she tries to visit again and charges. She knows I am with family, and also is aware of my health issues.

 

Can someone please advice me what to do??, or guide me in the right direction.

 

Please.

 

thanks in anticipation.

[accounts]

Can anybody please help me, if they know the answer. the fact that the officer must have called round on Monday -can they do this when I have written diputing the costs-surely they will now try and make me pay for another visit-worried sick, not well, been awake most of the night-totally stressed out.

 

I have emailed them and asked for a reply to the letter -to no avail.

 

Any furtehr assistance or advice please.

 

Thanks

[accounts]

Two weeks since I sent my letter -and still no reply.

 

I posted it recorded delivery and yet they still havene't replied -in respect of the disputed/unlawful costs which they ahve added.

[accounts]

Reply received from High Court.

 

They have said that they will drop the valuation fee and daily seizure fee of £246.12, but all other costs are payable.

 

Can anybody please advise please, I did send a letter to them as previously listed -re:

 

Arrangement fee -350.00 as no arrangement has been made -for monthly payments etc,

 

Admin Fee-£162.00

 

Financial management fee - £132.00

 

Poundage £114.20

 

I know these fees are not really lawful, can anybody please help me and suggest how I should respond to their letter. I am suprised that it has taken them so long to reply to my letter anyway.

 

How can they justify an arrangement fee, plus all otehr fees - please help/advise, then I can send them a reply asap, as I am annoyed by the fact they are insisting all otehr charges are payable.

 

Thanks for the advice/support so far -just hope it continues.

[accounts]

Please, can anybody advise me, as they are still charging unlawful costs -re arrangement fee, etc-per my previous post.

 

Any advice me what to do now? thanks

[wonkeydonkey]

In MHO concerns over the bailiff fees can be ironed out at a detailed assessment hearing, these are heard under High Court CPR ans usual before a Master. It might be a help to you to look for a solicitor who operates a fixed fee interview scheme and they can help to advise you of what options are available to you to sort out the fee issues.

 

WD