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I have recently had a letter through the door from High Court Enforcement Ltd

 

a few points i would like to clarify

 

 

1/ I telephoned the person on the letter to explain that there is a vulnerable person at my address

ie my partner who is currently on long term sick after a heart attack last year,

 

and asked her to return the warrant back to the client and i would make an arrangement to pay them directly

 

to which she refused and said that i must deal with them directly.???

I asume this is not the case what do i do about this

 

2/ There are fees of nearly £800 already added to the actual court order

and they have only put a letter through the door/ and the actual letter has been delivered by a representative of the actual HCO

so can they make any charges as officially can she actualy take any action at all even if i were to let her in?

 

Advice would be gratefully received

 

Many Thanks!!!

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what is this all about

 

you could be doing more harm than good by hiding behind a vunerable person or not.

 

tell us the back ground story

 

dx


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I apologise for getting snotty here but i do resent the insinuation that i am trying to "hide" behind a vulnerable person, as a family we have had an extremely tough time of it with my partners illnes and my business going down the pan and all i am trying to do is cut down the stress and worry that is being put on us as a family by these scumbags, i am in no way tryng to shirk on my responsibilities in relation to these debts that i am unable to pay but am trying to resolve them in a manner that both satifies our current financial situation and meets some sort of aproval from the creditors and that does not simply line the pockets of these legalised so called self proclaimed court officials. In answer to seanamarts no that issue has been dealt with this is the next in i am sure a long list of issues but life goes on.

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I can understand how you must be feeling, it sounds like you have had a horrendous time of it lately.

 

Im sure dx was not insinuating that you were actually hiding behind a vulnerable situation here,

 

You need to send a letter/email to both the creditor and the bailiff company that you have a vulnerable situation.

 

Are you aware of the National standards for enforcement agents, there is a small bit in there regarding the creditor. Perhaps sending the creditor a copy of this may help them accept payment from you and set up a new payment plan.

 

Can I ask who the bailiff company is.

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I would also request a breakdown of their fee's and charges

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Did you know about the original CCJ? If so did you acknowledge service of the documents? Did you make a defence or counterclaim? Or is the first you knew of any of this was when the HCEO turned up?

 

As for the representative not being the named HCEO on the Writ this is perfectly normal & legal. Regardless of what the paperwork says that they have given you - I assume it will be a Form 55 - they have no automatic right of entry to a residential address. Whatever happens do not allow them in.


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I did know about the impending court action and tried to deal with the company but they were not interested in my circumstances i did not fill in the relevant paperwork and now know that this is foolish and that making an offer to the court is obviously the best policy to avoid these situations "head in sand comes to mind" you just assume that the golden pig is just round the corner and that your luck will change but hey ho!!! I am going to e mail and write to HCEO'S offices and to the creditors with relevant information and should i make an offer to the creditors in the same letter?

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The creditor will refuse your offer as if he accepts he becomes liable for all the fees of the HCEO. Instead you should make 2 applications to the Courts.

 

1 - apply for a Variation Order whereby the Court can set the level of payments you make. You do have to provide I&E for this. The application is made on Form N245 and costs £45 although if on certain Benefits you may get fee remission. The form is quite simple to fill in & should be returned to the Court where the original CCJ was awarded.

 

2 - to halt the HCEO apply for a Stay of Execution & if granted will halt all further action & charges from the HCEO. The grounds you could aplly on are:

a - you cannot afford the fees demanded

b - pending determination of Variation Order application

c - there may be other grounds depending on other circumstances but we'll come to that later

This is applied for on Form N244 and costs £80, again if applicable you can apply for remission. I can only stress this is the most important of the 2 applications. The form is a little more awkward to fill in but do have a guide.

 

If you think you can apply for fee remission you will need Form EX160a & 160c, all forms are available on download from HMCTS website.


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