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Hi there,

Last week a HCEO visited my house and stuck a Notice of Seizure and Walking Possession Agreement through the letterbox. He did not gain entry to the property. It was over a CCJ that I had not kept up repayments on (my mother died on the day I made the last payment and I just fell apart). What I'd like to know is: can they 'seize' my good without peaceful entry? (I have no intention of signing the WPA). The list said 'all household goods' and included the fridge and cooker. Can they also charge what they like for pushing two pieces of paper through my letterbox ? (£1351.46 to be exact, for a debt of less than £3000) I will contact the court and fill in the necessary forms to try and put a halt to any further enforcement action and make a repayment offer, but in the meantime would like to know if I can do anything about the WPA and huge fees,

If anyone can help, I'd really appreciate it:-)

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Hi there,

Last week a HCEO visited my house and stuck a Notice of Seizure and Walking Possession Agreement through the letterbox. He did not gain entry to the property. It was over a CCJ that I had not kept up repayments on (my mother died on the day I made the last payment and I just fell apart). What I'd like to know is: can they 'seize' my good without peaceful entry? No (I have no intention of signing the WPA). Good The list said 'all household goods' and included the fridge and cooker. They would be both exempt Can they also charge what they like for pushing two pieces of paper through my letterbox ? (£1351.46 to be exact, for a debt of less than £3000) They can charge what they like I will contact the court and fill in the necessary forms to try and put a halt to any further enforcement action and make a repayment offer, but in the meantime would like to know if I can do anything about the WPA and huge fees,

If anyone can help, I'd really appreciate it:-)

 

Do you know how old the Writ is? They only have a shelf life of 12 months but can be renewed upon request. I assume your bereavement was in the recent past? You could try the Claimant to see if they will accept £xxx per month but they should refuse as they may become liable for all the HCEO fees. There agin if you made an offer to the HCEO then he must pass that on for consideration anyway. If the HCEO makes several visits and fails to gain an answer or make a levy on goods he may decide to hand it back to the Claimant anyway - if the Writ is still valid it could be passed to another HCEO for them to try.

 

If going the Court route you could apply for a Variation whereby the Court will set the level of payment. You should also apply for a Stay of Execution against the HCEO simply on the grounds you cannot afford the fees demanded. I assume you knew all about the original CCJ?

 

PT

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Hi,

Thanks for the replies. I'm afraid I stopped paying in October 2009. The CCJ was from the previous year and all payments were up to date until my mother died (I may have made a couple of further payments shortly after, but my bank statements are incomplete). I first posted about this case in 2008. The claimant tried to claim over 2k in costs and the case was for an indemnity fee which he claimed I owed him. I disputed the claim on the grounds that I was not given a copy of the agreement and it was an unfair penalty (it was connected to a car loan) but I lost the case. The charges were eventually reduced to less than £300. To cut a VERY long story short, I was in such a state over my mother's death (yes, I know I did the 'head in the sand' thing) that I forgot to make the payments and figured I would get a firmly worded letter asking me to pay the arrears. This didn't happen and in my depressed state I stupidly hoped that the claimant had decided not to pursue the matter. Things took a nasty turn when he then repossessed my husband's work van du e to missed paymentsand tried to sue us for nearly £12,000 last Christmas. The case failed in court and the judge blasted him for deliberately miss-selling us an unenforceable finance agreement. His claim and costs (£5k this time) were dismissed. That was exactly a year to the day of the HCEO visit just before Christmas. The claimant is also fully aware that I suffer from depression as this was outlined in both cases. I am now terrified to be in the house on my own and am even scared to go into the yard for coal in case bailiffs are lurking. I have nothing anywhere near the value of the debt, given what things fetch at auction, and we are on a low income so my best hope is that my offer of repayment is accepted. Thanks for the advice, will post news when I get a response.

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HOLD ON A MINUTE....if this visit was made almost a year to the day it seems as if what PT has said already could well be the case......this might be be a last ditch attempt to try and collect on a writ that's on the verge of expiry and the Claimant is not going to renew (deciding to cut his losses if there is nothing to seize in satisfaction of a new writ) You need to find out the date the writ was granted. the number for this will be on the Form 55, ring the HC and get those dates before you go any further ......why rock the boat when the sea is possibly calm?????

 

WD

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Hi there,

Sorry, I think I've made things a bit confusing. The HCEO visited exactly a year after the claimant LOST a separate case against us when he trid to con us out of £12,000. He actually admits twice in his own witness statement that he knew he had given us the wrong finance agreement. I mentioned this to highlight the fact that this person is quite happy to pursue customers using, to put it politely 'misrepresentation'. He should never have won the first case and the fact that he admits wrondoing proves this. At the time of the second court case, he knew that I had not made any payment to him for over a year but did not mention this at all. I believe he brought the second case on the back of his first 'victory', knowing that most judges know very little about business contract law and hoping to extract a further £12,000 from us in the process. When that failed, he waited a further year before issuing the writ, which is dated December 2011. Sorry for going on, but I hope this explains things a bit, and thanks!

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