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High Court Enforcement officer Questions


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Hey ho, just looking for a few quick answers following a HCEO turning up at my door.

 

So, I refused to tell him who I was as was not the named person he was after, and he then proceeded to tell me "Its an arrestable offence to obstruct a HCEO". Can anyone verify the validity of that statement?

 

I told him I am only giving my details out at the door to the police or the council, and he said that "He was a higher power than the police and the council" Again, can anyone verify the validity of that statement? I told him that was total bollocks.

 

He said he would keep coming back and wasting my time, and told him thats fine, I will deny him entry every time, and its just wasting his time. He sasid its also wasting mine, and I replied "I have nothing better to do, so go ahead" To be fair, he took that one in good humour and laughed with me at it ;)

 

I then told him goodbye, and he left. I didn't open my door, did it all through my brand new peephole, installed by the council yesterday :)

 

He didn't seem like an a$$hole or anything, not like some of the baliffs that you hear about or I have dealt with.

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You were correct to deny him entry and if you were not the debtor named on the writ you are also allowed to refuse him personal data.

However having said that ....surely it would be of benefit to show proof to you not being the debtor named on the writ and see an end to it all, rather than make obstructing him a pleasurable passtime?

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I don't give out personal details to anyone who phones or calls me, unless I know who they are and what they are doing with it.

 

Remember, this guy claims he is with HCEO but showed me no proof, and even if he did I still wouldn't give him anything. I only deal with people in writing, that way I can prove everything they say.

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It would be prudent to write to HCE Group explaining the situation. To be honest it doesn't help to be so evasive unless you've got something to hide.

 

The Officer will likely be sent back again at any time from 6am to 9pm with a view to getting in your property or seizing assets outside.

 

I think you'd be a fool not to try and resolve this by email before he re-attends.

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It would be advisable to heed the advice from WD and HCEOs if you are not the debtor, and the debtor doesn't live at your address it is best to prove it, and nip it in the bud, if the HCEO tows a car and you get involved in court proceedings it won't look good if you say, you didn't give proof and the HCEO scuttles to a master for protection after he has auctioned your motor, and you belatedly show proof.

 

The master may give the HCEO the benefit of the doubt, because you had ample opportunity to prove that you were not the debtor, prior to any levy on YOUR goods for another's debt..

Edited by brassnecked

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Well, I dont have a car anyway, so they can go ahead and tow the neighbors car, I don't like them anyway :) Isn't the onus on them to check the car belongs to the debtor before trying to take it?

 

I told him the basics, I am not the lady in question(due to being a man) and thats all he needs to know to go off and check his details.

 

I do love the comment that "To be honest it doesn't help to be so evasive unless you've got something to hide." I wouldn't give my details to any random nobber that rings me up, why should I give them at the door? Why should I do his job for him? No letters have been sent out to the debtor at my address, and unless he is the police, I am not answering any questions.

 

The guy wanted to take my tenancy agreement away with him, and I told him to nob right off. In this day of Identity theft, I shred everything that leaves my house, and dont give info out to anyone unless I am sure who they are.

 

It would be nice if my first questions could be answered though, as well as some more information on them lawfully following me about?

 

Any attempts to force entry into my home will be treated as burglary, and I keep a baseball bat by the door for just such an occasion. I never open my door when its dark out, and I especially dont open my door if I don't know who is on the other side, or I am not expecting them(like the very lovely carpet man who turned up and got let in as he had an appointment).

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Show him the tenancy agreement through a window, and tell him to look with his eyes then, and check the Register of Electors. He does NOT need to take your ID away with him whatever he says. imho

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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There is plenty of info out there to answer both your questions in great detail, as you have so much spare time on your hands you can research it and perhaps come back here and start a thread with your findings thereby putting your research to a good use to benefit others?

 

WD,

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Yep.... so I am told.... by those who genuinely need my help and advice. Read the intro to the site and you will see it operates on a self help basis, most people coming to cag have made the effort to research answers to their problem and if they don't find their answers we will help get them on track. I along with others offered you advice to your situation, you simply put forward excuses not to take it.

 

WD

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Amen WD

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Wonkeydonkey......as always great answers.

 

However, I would personally like to know the answer myself to one question raised by the poster and wondered whether HCEO can confirm the position:

 

Is it an arrestable offence to obstruct a HCEO?

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If it is an arrestable offence, an innocent third party could end up in trouble for sending the HCEO on their way, as refusing to deal with him, and provide ID may be construed as obstruction. The definition of obstruction under that head, is extremely wide, and a simple refusal to confirm they are not the debtor, could be obstruction.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Wonkey Donkey, I wasn't asking for advice on the situation, there were 2 specific questions I asked, which I couldn't find the answers to with google, and neither of them have attempted to be answered by you.

 

Don't get all high and mighty when you possibly haven't read what was written or have misunderstood what was asked. Don't forget, I did say the debtor was a lady, and with me being a man its fairly obvious I am not her.

 

I will repeat them here -

"So, I refused to tell him who I was as was not the named person he was after, and he then proceeded to tell me "Its an arrestable offence to obstruct a HCEO". Can anyone verify the validity of that statement?

 

I told him I am only giving my details out at the door to the police or the council, and he said that "He was a higher power than the police and the council" Again, can anyone verify the validity of that statement? I told him that was total [naughty word]. "

 

Those are the 2 specific questions I was looking for answers on, as I was unable to ascertain the answers for myself.

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If the HCEO is accompanied by police, we have to remember it is the 'duty' of that officer to assist if requested to do so. The police themselves are empowered to seek the identity of anyone presentat the dwelling and failure to provide that identity IS an arrestable offence.

 

WD

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SECTION 99 THE COURTS ACT 2003, Schedule 7

Constable’s duty to assist enforcement officers

5.

It is the duty of every constable, at the request of—

a.

an enforcement officer, or

b.

a person acting under the officer’s authority, to assist the officer or that person in the execution of a writ.

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True, but if the police arrive without a search warrant, I would assume I could tell them they are not coming in? As I have read of cases where the police made peaceful entry and then let bailiffs in. Obviously in the wrong, but too many coppers don't have any training or knowledge in this sort of thing and trust bailiffs to tell them the truth.

 

*edit* Interesting bit there. One assumes that the requirement to gain peaceful entry still overrides any officers attempt to force entry on behalf of a bailiff or HCEO?

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the regulation doesnt appear to extend to assisting the enforcement officer to enter by force without a levy, only for the execution of the writ but as the debtor named on the writ is not there, there is not much the police or the enforcement offcier can do other than leave the premises.

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From the CAB Website -

In general the police do not have the right to enter a person’s house or other private premises without their permission. However, they can enter without a warrant:-

 

  • when in close pursuit of someone who has committed, or attempted to commit, a serious crime; or
  • to quell a disturbance; or
  • if they hear cries for help or of distress; or
  • to enforce an arrest warrant.

Assuming that's correct, they can just be asked nicely to leave and not enter the premises. Couldn't find much on thier powers to demand ID

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