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Had a visit this morning from a HCEO, he left a note saying it was regarding my sons unpaid university fees, he left early to get a job and they are chasing him.

 

Problem is he is now working abroad until at least June, and doesn't live with us anymore.

 

Can they still enforce any order, we havent spoken to them or let them in yet.

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so the student loans lot got a ccj?

 

dx


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Having spoken to him its not his student loan, it was because he left the course early and the student loan hadn't kicked in for the new period so his debt is with the uni, he didn't understand at the time and thought it was the usual student loan but obviously it isn't.

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ok so 'someone' has got a CCJ

 

who is it?

 

dx


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The letter says the university he was at back in 2010, I do recall him speaking to them at the time but it obviously got him nowhere.

 

The letter says that they are intending to return within 24hrs to remove goods etc, I take it they cant do this if he doesn't live with us anymore.

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I am worried by your earlier post where you stated that "we haven't spoken to them or let them in YET.....

 

If you allow this HCEO to come into home this will be the worst mistake that you will make for a while !!!

 

I would suggest that you send a text message to the HCEO and email the company to advise them that the property is yours and that the debt relates to your son and that he is working abroad and furthermore, that you will not under any circumstances allpw anyone into your home.

 

Which company is this?

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Thanks Tom, having read your advice to others, I have no intention of letting them in or speaking with them direct, just really wanted a bit of reassurance that I was right because we are still not getting over a bailiff visit back in 2009 for a parking fine which left us all totally shocked.

 

I will text him now and email the company. my son is a good lad who has had to move away to get work and dont want these jackals after him at this stage in his life.

 

Can they do anything else if he isnt here ?

Edited by jotty

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Thanks Tom, having read your advice to others, I have no intention of letting them in or speaking with them direct, just really wanted a bit of reassurance that I was right because we are still not getting over a bailiff visit back in 2009 for a parking fine which left us all totally shocked.

 

I will text him now and email the company. my son is a good lad who has had to move away to get work and dont want these jackals after him at this stage in his life.

 

Can they do anything else if he isnt here ?

Don't think they can do diddly squat if he is abroad, you could swear a Statutory declaration that all goods and chattels are yours, and send it to the University and the HCEO, and that further enforcement against yourself for a third party debt will leave them open to action for fraud and harassment. What HCEO is this?


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Don't think they can do diddly squat if he is abroad, you could swear a Statutory declaration that all goods and chattels are yours, and send it to the University and the HCEO, and that further enforcement against yourself for a third party debt will leave them open to action for fraud and harassment. What HCEO is this?

Its HCEGroup, my lad will end up paying this when he gets back, albeit at £5 per wk if they are lucky as I am first in the queue !, but we dont need the hassle atm of the constant knock on the door etc.

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you could p'haps prevent further issues here

 

as you aware , that he got the claim form, telling him about the court case against him.?

 

if it can be proved that they got judgement by default because he was served no papers etcetc

 

it can be set aside.

 

do you know if he has checked his cra file to see if he has a CCJ?

 

dx


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I have helped caggers in the past with HCE and unlike some others I won't mention, it transpired they can 'listen' and work with you...I sometimes find myself wondering if all the office staff actually understand what is being asked or told to them as its often been a case of it boiling down to the luck of the draw as to who answers the phone and has the brainpower to grasp a situation.....

 

dx has a valid question regards your son actually having been served with the paperwork, if he can show that was sent to an incorrect address then he can indeed apply to set aside. However as he is outside the UK he would struggle unless he can instruct a solicitor to act on his behalf and the Courts have an 'ideal to any action for set aside being brought as soon as the 'defendant' becomes aware of the judgment by default.

 

WD

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Was he out of the country while the original CCJ was being heard?


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Was he out of the country while the original CCJ was being heard?

No he was in Uk according to the date on the CRA entry, but not living with us. He would pick up his mail as and when usually every 4-5 weeks and has said nothing about this.

 

I will pay the debt for him at some stage but refuse to pay the fees, original debt was £1600 and the HCEO's want £2600 from him so I think they have added a few fees which I am asking questions about.

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No he was in Uk according to the date on the CRA entry, but not living with us. He would pick up his mail as and when usually every 4-5 weeks and has said nothing about this.

 

I will pay the debt for him at some stage but refuse to pay the fees, original debt was £1600 and the HCEO's want £2600 from him so I think they have added a few fees which I am asking questions about.

 

As you probably know, you cannot discuss or deal with this on behalf of your Son for Data Protection reasons, unless your Son provides the enforcement officers with his consent.

 

The enforcement officers should refuse to deal with you, unless your Son contacts them to advise them that they may provide details to you.


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Despite me writing and emailing this bunch to tell them my son is not at my address and there are no assets or things belonging to him here they have been again today and left a notice saying they can remove property without his notice. My question is what do they expect to take and is this now classed as harassment. Any advice please so I can write back to them.

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Did you get a statutory declaration that swears he doesnt live there and has no belongings? A simple email or letter wont suffice as the bailiff could easily see it as you trying to evade them. If you get a stat dec, then its a whole different ballgame.


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Did you get a statutory declaration that swears he doesnt live there and has no belongings? A simple email or letter wont suffice as the bailiff could easily see it as you trying to evade them. If you get a stat dec, then its a whole different ballgame.

Sounds like a good idea, how do I do this please?

But in the meantime what can the bailiff do if there is nothing of his to take ?

Edited by jotty

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Well first of all he has to gain entry & this has to be done peacefully. If he cannot gain entry then he is up the creek without a paddle. He may try to levy on goods outside - a car - but if it is not the goods of the debtor then again he is out of luck. The Stat Dec route is a good idea and no you are under no compulsion to reveal his current whereabouts either. A Stat Dec can be done at most Solicitors - cost approx £10.

 

 

 

 

 

STATUTORY DECLARATION

 

I,____________________________ ______________

 

address_________________________________________________

 

_______________________________________________________

 

make the following declaration under the Statutory Declarations Act 1835:

 

All items contained within the property at the above address and within it's boundaries, are owned by Mr XXX XXXX & Mrs XXX XXXX . There are no items within the property or it's boundaries belonging to any other person.

 

I understand that a person who intentionally makes a false statement in a statutory declaration is guilty of an offence under section 11 of the Statutory Declarations Act 1835, and I believe that the statements in this declaration are true in every particular.

 

Signed:

 

 

Declared at___________________on__________________of 20___

Before me,

 

 

Full Name___________________________Qualification____________

 

 

Address__________________________________________________

of person before whom the declaration is made (in printed letters)


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Hi

 

This PDF for Statutory Declaration may be of use:


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Hi

 

This PDF for Statutory Declaration may be of use:

 

Thanks, so I just call into a solicitor to get it signed, is that correct?

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Letter says HCE based in Colwyn Bay.

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Thanks, so I just call into a solicitor to get it signed, is that correct?

 

Yes that is what you do, i would get 3 signed notarised copies, one to keep, one to send to HCEO, and one for the creditor. I think you can also swear one at a magistrates court.

 

Do not let the HCEO in you could had him a photocopy of the stat dec indicating that the original has been provided at the office.


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