bailiff from HCE chasing CCJ payment - Hitachi Loan for a boiler installation CCJ

[PhoXx1972]

After I lost my job, all of my bills and debts went unpaid, I was evicted from my home in October 2011.

 

I have since started work as a temp with an agency (self employed) and have a fairly erratic income which is less than half my previous salary and I am just living week to week.

 

I do not have a fixed address of my own anymore so am staying in the cheapest places (or free when available, ie friends)

but of course in order to maintain a bank account and my driving licence I need a postal address,

a friend allows me to use his address where I pick up any mail and check my emails and stuff.

 

He received a personal visit from someone from HCE Group who was attending to remove my goods,

when he was told that I don't live there he demanded to see some ID from my friend to ensure he wasn't me.

 

He left a letter for me stating that they will return to remove my goods with or without my presence,

but of course I have no goods there, in fact, prior to being evicted,

I sold most of what I owned just to get by, the kind of things I do have are an Android mobile phone and laptop, both of which I need for work, and of course my clothes.

 

What can I do about this problem?

Can they really enter his address and take items?

 

The debt they are chasing was originally for £3200, they are now demanding £9703.49.

 

They are by no means the only outstanding debt, but I feel that I have no way to make any kind of offer to make payment, especially for an ever increasing amount.

 

What would happen if I said to them that I could make a payment of £10 per week (for example),

then another debt agency turns up and makes demands, or work becomes infrequent

and my income drops below even being able to cope with my current bills as it has done numerous times this year as work gets light?

 

As I am self employed (sole trader) as an agency worker,

I have a separate bank account (Business) for the money I have to set aside for the HMRC at the end of the year,

 

can they demand that money in some form of part payment towards the debt?

 

Can a court demand that money?

If so what legal implications would that have on me with regards to the HMRC?

 

Many thanks in advance for any advice you can give,

 

Colin.

[i hate bailiffs]

They cannot take goods that do not belong to you

 

 

What is the debt is there a CCJ on it?if so did you recive any court paperwork to defend it?

[PhoXx1972]

The debt is for a boiler purchase and installation/relocation.

No court paperwork was ever received at either address, but I did receive notification of the CCJ before I was evicted. I cannot say what post may have arrived at my previous address since I left.

[i hate bailiffs]

ok if you never got the paperwork to defend the CCJ you MAY be able to get the judgment set aside others will know more

 

other than that contact the court and see if you can make arrangements to pay at affordable ammounts

[dx100uk]

issue resolved

 

thread active.

 

dx

[PhoXx1972]

I am currently being chased by a debt collection agency for an ever increasing amount of money.

I have a separate business account where I keep money aside for the taxman as I am a sole trader working for an employment agency.

Can the debt collection agency demand that money as a part payment towards the debt or can a court demand that money for the same reason?

[ims21]

If you are a sole trader then essentially the answer is yes.

 

If you keep the tax money aside, is there any reason why you haven't paid your taxes or is there some dispute.

 

Also I wouldn't entertain the debt collector...pay your tax direct to HMRC.

[ims21]

Sorry...just re-read this....have I misunderstood something?

 

Is it taxes that the DCA are chasing you for or some other debt?

 

If some other debt, can you give us details please?

[Conniff]

I think it's a seperate account and nothing to do with the DCA.

 

There is no reason why the DCA would even know about that account and he certainly couldn't demand funds from it the same as he can't demand funds from anywhere.

What is the debt you are being chased for? How much is outstanding?

[PhoXx1972]

It is a personal debt unrelated to my work, that started at £3200 and is now over £9700 after their additions.

[ims21]

Still not a lot of information forthcoming in respect of this.

 

In short a DCA cannot demand anything really....generally you would be in control of what you pay to them.

 

A court can require you to divulge your personal financial information and that would include anything that is in a sole trader account...it is still classed as you personal money.

 

If you want to give further details of this spiralling debt then you may get some more detailed answers.

[PhoXx1972]

It is one of a number of debts that went unpaid after I lost my job, subsequently evicted and had to start afresh, so to speak.

 

My new work is as an agency worker and I take home less than half my previous salary (I am considered self employed as a sole trader).

 

The debt that a bailiff from HCE Group is chasing is from a company called Hitachi Capital (UK) PLC, in relation to a boiler installation.

 

Just prior to my eviction I received notification of a county court judgment in their favour essentially doubling the original amount, I have never received any information prior to a court date. They must have had another judgment since as the demand has trebled the original amount.

 

My biggest worry is whether they can demand the money I have to put aside to pay my taxes at the end of the financial year, or if a court can demand that money.