HCEO & Direct Collection Overstating Powers etc

[Stevie2*]

Had a visit from for HCEO and Direct Collections.

 

I was out and its my debt.

 

My wife was in- they threatened her with violence

called her names

I doubt will be allowed to put on here

 

She called police and of course thet denied all.

 

Blocked her car in told her they needed proof it was hers.

 

They asked for the V5

She found the V5 they said it wsn't proof- asked for insurance details.

Claimed they had the power to break in- she'd face arrest if she stopped them.

 

The police arrived they asked how she could prove the car was hers

they said they need a bill of sale or an adfidavit in the next 5 mins

and told the police it was impossible for her to prove ownership

and they can just tke it if they wished.

 

The Police unfortunately thought they had the power to force entry- but they didn't.

 

I had arrived back by this time to witness some of this- obviously by the book when the police were there.

 

I think they had made claims beyond their powers in the presence of the police officers.

 

I had to ring relatives to beg and get £2500 of an oustanding amount of £12500 via a relatives card as they were starting to force the door.

 

we live in rented property- have no assets and no money.

 

Am going bankrupt tomorrow - can't put my wife through that again.

 

Any one know the correct action for me to take as my wife was terrified by the two thugs

 

Thank you!

[brassnecked]

Apply to the court for a Stay, and variation order, the stay is the most important imho, hopefully wonkeydonkey will be along soon

[ploddertom]

Can you tell me who the HCEO is please?

[Stevie2*]

Mr Wray- think thats how its spelt- have had to deal with bayliffs for years but never had one so sure of himself infornt of the police. Thought i'd got all the old debts under control- but threatening wy wife on her own when he knew it would be his word against hers has ended any chance of any creditor getting anything.

 

He's working on the orders of Simon John Williamson according to paperwork and its a writ of fieri facias- nothhing says warrant to force entry

Edited April 30, 2013 by Stevie2*

[ploddertom]

What paperwork do you have? Did they leave a Form 55? is it possible you can explain a little more about the origin of the debt?

[Stevie2*]

Yes they left a form 55- only items levied on are two vehicles registered and owned by my wife nothing signed by either of us.

 

Debt come form 3/4 yrs ago when I was sole trader- and relates to goods supplied ( which i had to replace but they got judgement

as I was told by the court that I had pay a further fee I couldn't afford to continue fighting the case).

 

The business ceased trading 2.5 years ago.

 

There are other debts from the same period. J

 

ust really want to get some kind of recourse against these people .

 

My wife is pretty tough but was very distressed and shaken- the most scared she's ever been.

 

They won a small battle........ but won't get another penny though it will cost me to turnmyself over

[ploddertom]

Can you post up the Form 55 - preferably as a PDF - make sure you remove all personal identifiers though? I ask as Direct Collections do not have an Authorised HCEO so assume they are working for someone else.

[Stevie2*]

Will be from Millbank- they all seem to be the same- paperwork says Millbank- the CEO of the parent company I made aware of the issue described them as "an HCEO and an employee of Direct Collections". I did not mention any company in my complaint. Haven't got a scanner unfortunately sorry

[tomtubby]

What is needed as soon as possible is a Third Party Claim from the owner of the vehicle (your wife). This is a simple form and necessary to remove the levy from the vehicles.

 

How was payment made...credit or debit card?

 

Were any of the comments made to your wife witnessed by anyone else or even the police?

 

PS: There is NO legal right to force entry for such a debt (which is a civil debt)

[ploddertom]

Something doesn't sound right to me. It would be best to see what you have but accept what you say and wonder if any of the following is on the document.

 

Does it tell you from which County Court it originally came?

Does the Writ have a date on it?

It should have words similar to:"To Fred Bloggs an enforcement officer authorised to enforce writs of execution from the High Court"

[dx100uk]

use your mobile phone...

 

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all monetary figures and dates.

*********************************************************

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

try www.pdfescape.com TO BLANK STUFF,

*************************************************************

or

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or use www.pdfmerge.com

convert existing PC files to PDF [office has an installable print to PDF option]

..

 

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice dd-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx

[wonkeydonkey]

Hi

 

PT asked me to look in on this......you do have options to get these off your back but, there are a lot of questions that need answers before we can move forward. If you can answer the q's PT has asked that will be a good start.

 

Also the post by TT is very important and you must follow the suggestion of getting a third party claim into them asap....like yesterday!!

 

I do have quite a lot of info on Simon Williamson's operation and it leaves a lot to be desired but, they can be dealt with later. Even if you commence with bankruptcy tomorrow it will take considerable time to process everything, which leaves your wife and family exposed to the HCEO returning and a repeat performance

.

I would prefer to take this to PM where we can arrange to put in place, a stay of execution and application to a variation order for the interim period to you filing for the bankruptcy. I will need some personal details to prepare things for you.

 

If you want my help give me the nod and I will send you a PM with my private contact details.

 

WD

[tomtubby]

Wonkey Donkey....If you wish I will draft a Third Party Claim for the morning. I will PM you

[wonkeydonkey]

That would be great TT thank you.

 

WD

[Stevie2*]

Hi

 

PT asked me to look in on this......you do have options to get these off your back but, there are a lot of questions that need answers before we can move forward. If you can answer the q's PT has asked that will be a good start.

 

Also the post by TT is very important and you must follow the suggestion of getting a third party claim into them asap....like yesterday!!

 

I do have quite a lot of info on Simon Williamson's operation and it leaves a lot to be desired but, they can be dealt with later. Even if you commence with bankruptcy tomorrow it will take considerable time to process everything, which leaves your wife and family exposed to the HCEO returning and a repeat performance

.

I would prefer to take this to PM where we can arrange to put in place, a stay of execution and application to a variation order for the interim period to you filing for the bankruptcy. I will need some personal details to prepare things for you.

 

If you want my help give me the nod and I will send you a PM with my private contact details.

 

WD

 

 

 

Will PM you thankyou

[Stevie2*]

took the bankruptcy parperwork to court @ 10.15 had to wait a bit but all stamped and signed off- officially bankrupt @ 11.30 am this morning- now to sort out DC Millbank the HCEO and the others- any info I can give to help anyone or anyone requiring further info so they can help me please pm me.

 

many thanks

[tomtubby]

Wow...that was quick. Most courts that I know will not be able to get you into court so soon and instead, book an appointment for your to attend court in around 2-3 weeks time !!

 

I don't have time at present to check my computer but I am sure that if a payment was made to a creditor just prior to the bankruptcy that this is referred to as PREFERRING ONE CREDITOR and the payment has to that creditor has to be returned.

[brassnecked]

I think that all debts owed by the bankrupt are assessed by the Reciever in bankruptcy, so likely the debt the HCEO is pressing will be included, so they will have to take their place in the queue, and stop calling on the bankrupt, and go through the OR.

[wonkeydonkey]

took the bankruptcy parperwork to court @ 10.15 had to wait a bit but all stamped and signed off- officially bankrupt @ 11.30 am this morning- now to sort out DC Millbank the HCEO and the others- any info I can give to help anyone or anyone requiring further info so they can help me please pm me.

 

many thanks

 

I like TT am gobsmacked at the speed the bankruptcy has been processed, I have another taking the same route and following the paperwork having been submitted they have been told 2-3 weeks to become effective? another has had to wait almost a month to even start the ball rolling !!

 

WD

[Stevie2*]

Down in Buckinghamshire its rapid- another guy was infront of me this morning. Hand completed paperwork over counter at County court - pay fee £700 -no affidavit these days. wait till the district judge has seen his mornings cases and go in a sorted in two minutes. Judge said everything now HAS to go through the OR . They'll be back but I'm ready for them this time! Had been aware for couple of years it's a quick process down here might be a geographic thing!?

[queensclose]

are you going you going to claim the third payment back back off your friends card

[wonkeydonkey]

Down in Buckinghamshire its rapid- another guy was infront of me this morning. Hand completed paperwork over counter at County court - pay fee £700 -no affidavit these days. wait till the district judge has seen his mornings cases and go in a sorted in two minutes. Judge said everything now HAS to go through the OR . They'll be back but I'm ready for them this time! Had been aware for couple of years it's a quick process down here might be a geographic thing!?

 

Ah I'm with you now....you have submitted the paperwork but still await an OR to be appointed and get things moving. I misread your post in the thinking the whole matter was done and dusted lol!!! but see now you have completed part one of the process.

 

WD