Visit from Enforcement Officer - need advice

[TCP4S]

I have had a visit to my house today from an enforcement officer. I was not at home at the time and the notice was handed to my son.

The notice is for a debt of £ ****** for my business which I run from my home, my business is a limited company.

The debt is from a CCJ I had imposed on me and a payment plan was set up to pay in 3 No. equal instalments. I was unable to make the first payment due to cash flow issues.

The notice now totals £******* (£ ****** Original Debt; £ ***** Cost of Execution; £ ******)

I spoke to the enforcement officer on the telephone and he told me I must pay the full amount immediatley. He told me there is a van arranged to seize assets and could arrive at my house at any time to seize goods to the value of the notice. In which I will incur additional costs of £ 420.00 for the van plus £ 120.00 per hour for each person loading it.

I do not have these funds available at the moment and I am now very worried !

I have put him off until 16:00 hrs tomorrow to try and arrange the funds. He said he would help me out by cancelling the van until we have spoken tomorrow.

He said that the claimant has paid to fast track this collection and they will not accept another payment plan.

Can he just turn up with a van without seeing what goods he can seize ?

Can this happen so quickly, is there a way to slow the process so I can raise the funds ?

Edited August 8, 2012 by TCP4S
Removed actual cost

[i hate bailiffs]

you need to contact the court to see if they will give extra time

 

even with a CCJ they do not have right of entry

 

a debt of £112 now 5 k! wow

[TCP4S]

How do I contact the court ? Phone ? Email ?

 

Sorry the original debt was £ *******. The £ ****** is for the Costs of Execution

Edited August 8, 2012 by TCP4S
Removed actual costs

[hallowitch]

Hi welcome to GAG ploddertom and wonkeydonkey are experts at dealing with HCEO and should be on line later they do come on every day and will notice this thread use the search at the top of the page and read their posts it should give you an idea how things work

[ploddertom]

What you have been given so far appears to a Form 55 which if you read it says the Officer has seized all your goods which may be removed and sold to pay your debt. High Court Enforcement Officers are also allowed to force entry to commercial premises.

 

Having said that above, you act as Ltd Co and I assume the debt is in this name or does your Creditor also have a person guarantee? Therefore the only goods that may be seized are those of the Ltd Co and only those that are paid for - if you have goods on account pending payment then these would be exempt from seizure providing you can give proof of same. As you trade from home they cannot force entry but may break in to any detached outbuildings if they believe they contain goods to satisfy the debt.

 

The most important thing therefore is to deny him entry, if he calls again speak to him through the letterbox or an upstairs window. If you keep refusing him in this manner then he has no option but to return the Writ to the Creditor - however they may seek to employ another HCEO. The Writ only lasts for 12 months but may be renewed upon request. It is also imperative that if you have a vehicle outside you should move it well away, although if on finance may be OK.

 

In normal circumstances I would suggest you make an application to the Court for a Variation Order but as this is a business debt that may not be possible, are you in a better position to pay now? I assume you also knew about the CCJ? You may apply for a Stay of Execution against the HCEO but am struggling to see what grounds you may apply on apart from not being able to afford the fees. What he has told you so far is a load of bull.

[TCP4S]

Thank you for your reply Ploddertom.

 

The creditor does not have a personal guarantee.

My situation is a little better and would be able to cope with the 3 equal payments. I have the first installment available now.

You say they can break into detached outbuildings, does this mean they can enter your rear garden (even if gate is locked) to get to outbuildings ?

If I was to apply for a Stay of Execution, I assume this is form n224, how do I present this to the court ? He has insisted that I contact him by 16:00 hrs tomorrow, would I be able to say I have applied and awaiting decision. I assume he would want proof ?

 

Thanks again

[ploddertom]

Thank you for your reply Ploddertom.

 

The creditor does not have a personal guarantee.

My situation is a little better and would be able to cope with the 3 equal payments. I have the first installment available now.

You say they can break into detached outbuildings, does this mean they can enter your rear garden (even if gate is locked) to get to outbuildings ? He is allowed to climb over any gate, wall or fence providing he causes no damage.

If I was to apply for a Stay of Execution, I assume this is form n224, how do I present this to the court ? Best way forward on this is to take it in person to your local County Court providing it also acts as a District Registry of the High Court, best done on a morning and you explain the urgency of the application and usually a Judge can be found who will hear your application immediately, if granted contact the HCEO immediately and tell them Judge XXX at YYY Court has granted a Stay of Execution on the following grounds ZZZ, woe betide them should they disregard the information given. Some of the smaller Courts do not see these applications very often and struggle with what is supposed to happen, my local Court is very good and will even produce the paperwork within 30 minutes so sometimes the larger inner city Courts are a better bet. He has insisted that I contact him by 16:00 hrs tomorrow, would I be able to say I have applied and awaiting decision. I assume he would want proof ?

 

Thanks again

 

Help for Stay:

 

N244 Form:

 

Name of Court - where CCJ was awarded

Claim No - CCJ number

Warrant No -

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 - pending determination of a Variation Order

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

[caledfwlch]

Would it also help the OP to do a Statutory Decleration listing all the goods in the house as his own personal goods, and not the companies?