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    • Hi. I am reading through the full thread and will continue to research. I have come across a reference to a form called N180 DQ in the thread, but I cannot see any reference to this form in my case nor can I see it on the MoneyClaim website. Should I have been sent this form? Thanks 
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    • Yes of course. That's why it says cc:: BIg Motoring World at the bottom. Don't imagine that this solves the issue. It doesn't. He not have to force the finance company and big motoring world to accept the rejection to give your money back. I suggest that you get the letter off tomorrow. And let us know what you hear but on Friday you should then send a threat to the finance company.   Have a look what I have said here about your options and read the whole thread as well.  
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

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      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

Letter from High Court Enforcement Group


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Hi all.

 

I got a phone call today from a bailiff while I was at work telling me that he had left a letter for me regarding a debt and it needed paying off urgently.

 

This debt was originally for £763.87 and was owed to E.ON energy. This went to County Court and the court fees of £60 pushed it up to £823.87. This was back in December last year and was the last I heard of it until today.

 

The letter I received today states the amount owed is now £1267.53 and the bailiff will call again ASAP to remove goods even in my absence. I'm pretty sure they can't do this from reading posts on here.

 

At this moment in time I do not have the money to pay this off in full, however I could probably pay in installments.

 

The letter is from a Mr R Walker, on behalf of High Court Enforcement Michael Anderson.

 

What are my options with regards to this?

 

Thanks

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Form No may be at bottom left. I'm trying to establish if this is a HCEO matter or whether they are using a double letter head and it is down to Excel Enforcement as there is a big difference in the advice to be offered.

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OK, we'll go with worst scenario.

 

As the debt was over £600 then they can transfer it to the High Court for enforcement. The letter you have should in this case state the CCJ number from the County Court & the Writ of Fi Fa number from the High Court, it should also have what appears to be a Court Seal. The usual blurb is that they have seized all your goods and they are now under the control of the HCEO, what they fail to tell you is that they have to list your goods first and regardless of anything they may say they have to gain peaceful entry to your home. Best advice is to deny them entry and also prevent them levying on any goods outside - lawnmowers, expensive furniture and most notably a car - do this and there is nothing at all they can do.

 

The charges they make can be large but most can be challenged. If it is indeed the HCEO then you may combat this by applying for a Stay of Execution and at the same time apply for a Variation Order where the Court will set the level of payments. The Stay is the most important application, there is a fee to pay for both applications but if you are on a low wage or sertain benefits this may be waived.

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The letter doesn't state the CCJ number, it doesn't have a writ of Fi Fa number from the high court. It came in a plain envelope with a red stamp on the front with their company name on it (High Court Enforcement Group) and URGENT Mr {my name}

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So what happened at the county court ?, where you aware of the hearing and that a CCJ had been issued ?, did you make any offer/attempt to pay the amount owing ? Were you given a time limit to pay by ?

 

Andy

 

 

This debt was originally for £763.87 and was owed to E.ON energy. This went to County Court and the court fees of £60 pushed it up to £823.87. This was back in December last year and was the last I heard of it until today.

 

 

PT

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Thanks..but the original poster said that was in december and that was the last he heard of it implying that it would go away or something, clearly EON would take enforcement action and now they have, its a bit late to do much now, apart from as suggested..hide goods !.

 

He didnt actually say whether he was aware of or defended the court action ?.

 

Ideally he needs to make an offer to pay monthly or perhaps even an attachment of earning would be more desirable that to fend off high court enforcement officers ?

 

Andy

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Thanks for your replies.

 

Stupidly I ignored the debt - was out of work for a while and couldn't afford to pay it. Still catching up with mortgage arrears now, so they are taking priority atm.

 

Wouldn't I have heard something from the courts first saying this debt had been transferred to high court from county?

 

Should I call and offer to pay monthly? And how come the debt has risen by £400? Can they do that? There is no breakdown of how the costs were added, just a new higher figure.

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The charges they make can be large but most can be challenged. If it is indeed the HCEO then you may combat this by applying for a Stay of Execution and at the same time apply for a Variation Order where the Court will set the level of payments. The Stay is the most important application, there is a fee to pay for both applications but if you are on a low wage or sertain benefits this may be waived.

 

 

 

Wouldn't I have heard something from the courts first saying this debt had been transferred to high court from county? No

 

Should I call and offer to pay monthly? And how come the debt has risen by £400? Can they do that? There is no breakdown of how the costs were added, just a new higher figure.

 

PT

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Hi,

I also had a visit from a Mr Somerville from the High Court Enforcement yesterday. Stupidly I let him in because he said he was from the Court. My neighbour was outside and I didn't want him discussing anything on the doorstep for her to repeat everywhere!

He took an inventory of the very few items we have, including my old car. He explained that because we have children, there are lots of things they can't touch. Well, without my car, I cannot get my children to school!

 

Anyway, my debt was originally 872.52 to Slimming World as I used to work for them. The fees that this company have put on have now made the debt £1,315.88 and apparently it is accruing interest every day! Can these people do this?

I didn't hear anything about it being transferred from the County Court to the High Court. Surely there should be some notification?

 

Any advice would be extremely welcome. I am going to see Citizens Advice on Monday to see if there is anything I can do about it.

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Hi,

I also had a visit from a Mr Somerville from the High Court Enforcement yesterday. Stupidly I let him in because he said he was from the Court. My neighbour was outside and I didn't want him discussing anything on the doorstep for her to repeat everywhere!

He took an inventory of the very few items we have, including my old car. He explained that because we have children, there are lots of things they can't touch. Well, without my car, I cannot get my children to school!

 

Anyway, my debt was originally 872.52 to Slimming World as I used to work for them. The fees that this company have put on have now made the debt £1,315.88 and apparently it is accruing interest every day! Can these people do this?

I didn't hear anything about it being transferred from the County Court to the High Court. Surely there should be some notification?

 

Any advice would be extremely welcome. I am going to see Citizens Advice on Monday to see if there is anything I can do about it.

 

If you start a new thread of your own http://www.consumeractiongroup.co.uk/forum/newthread.php?do=newthread&f=168 we can help & guide you through this.

 

PT

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