Heck just been at my door for debt included in bankrupcy

[ck101]

out of the blue hceo was at my door for a 21k British gas debt..

 

I declared backrucpy in late 2009 and this debt which was only 7k then and included in bankrupcy petition..

 

Not thinking I said come in and ill show you bankrupcy details..

 

He did not do walk in possession order or any other paperwork..

 

He took away details of bankrupcy and said that should be it..

 

On form he showed me it had my name and address set out as

 

My name T/as company name

 

And my current address

 

 

I've had no paperwork about this at all.

 

Anything I should do in case he comes back?

 

 

Edit:

 

i've checked and i cannot find a CCJ for British gas listed on noodle. But ive just moved house, and house was supplied by british gas, i switch away from them so i guess thats how they got this address...

 

 

Edit edit:

 

on noodle there are 4 ccj listed dated AFTER the bankruptcy . only 2-4 months after so should i bother getting them set aside (i was in Bankruptcy and outside the country and they knew it).. Or just let them fall off naturally?

Edited July 4, 2013 by ck101
added info

[ploddertom]

Have you contacted your Official Receiver as he should deal with this.

[renegadeimp]

Agree with PT, let your OR know EVERYTHING. It sounds like even though your debts were i ncluded in the BR, some DCA's/creditors have decided that the law doesnt apply to them, and have decided to register a CCJ anyway.

[tomtubby]

You need to contact the Official Receivers office. If you can demonstrate to them that this debt relates to a period BEFORE you filed for bankruptcy there should be not problem at all.

 

Please post back once you have called them.

[sgtbush]

if the original debt was included in bankrupcy then nothing to worry about, i would however get in touch with the people that handled this for you and inform them of BG chasing you

[ck101]

I do know the debt was before the bankrupcy as it was a debt when I was trading as a sole trader, I stopped trading before I went bankrupt..

 

Thanks for all the help, ill update if anything else happens.. But I do think its over with.. Lo wells tried the same thing a few months back.. Constant calls until I phoned them while recording the call and demand they stop.. They were ignoring letters.. They apologised saying it was a computer error.

[tomtubby]

Companies like Lowell Finance will buy "bad debts" from the utility companies. Hopefully you seem to have this matter under control. Please do post back if you require further help.

[HCEOs]

Companies like Lowell Finance will buy "bad debts" from the utility companies. Hopefully you seem to have this matter under control. Please do post back if you require further help.

 

FYI, I'm pretty sure Lowell do not use HCEOs.

 

With regard to the OP, it sounds like the HCEO was not notified of the bankruptcy. However he should have made an inventory of goods and had a WP signed prior to finding out.

[ck101]

Bull, if he had tried to make a WP i would have kicked him straight out and called the police..He was collecting on a debt i could PROVE was part of the bankruptcy..

[HCEOs]

With the greatest of respect you wouldn't have kicked him out and trying to do so could have rendered you liable to arrest. Further he would have been able to force entry back into your property if so.

 

The HCEO is commanded to seize goods in favour of the judgment creditor. He should have politely made a list of the seizable goods in the property and had a WP signed. Once it was proved without doubt that the debt fell under your bankruptcy the seizure would have been released and that would be the end of the matter.

 

If, like you say, the debt falls under the bankruptcy you have noting further to worry about.

[jaffro]

With the greatest of respect you wouldn't have kicked him out and trying to do so could have rendered you liable to arrest. Further he would have been able to force entry back into your property if so.

 

 

excuse me for butting in and thread hacking.... but HCEO i think you may find many have been thrown out of houses where they had no right to be and in the most cases the poor HCEO scuttled off with there tails between there legs like the rats they all are.......................and yes i no this is very true..........i have nothing against people making a living but people that dont research properly before trying to stick there size 10s in peoples doors a lives and making out they have the powers of god are disgusting human beings ......... rant over

 

and people cant be made to sign anything they dont want to as thats fraud whether you are commanded to get it or not..............

[ck101]

Agreed the chap who called was very professional and helpful. HCEOS you my friend are the standard run of the mill low brow knuckle scraping dumb bully who thinks that the law does apply to you.. I dearly wish it had of been you.. I would have had great pleasure throwing you from my door..

[HCEOs]

What I state is correct and the fact that both you and jaffro need to resort to insults is a shame.

 

I've nothing more to say on the matter.

[renegadeimp]

HCEO is correct. HCEO's are instructed by the high court, hence the name. Thats why you MUST follow the law and correct procedure when dealing with them. They are NOT regular bailiffs and as already stated you can, and in many cases, WILL be arrested if you do not follow procedure.

 

If you could simply kick a HCEO off your premises, then nobody would pay their debts. A HCEO is the last part of the chain. A part that is used when all other methods of enforcement have failed. Allow the HCEO to do their job ( they wont seize on the first visit unless its a corporate debt), then you can challenge the Judgement. You really should have challenged the judgement from day 1, that way HCEO's wouldnt have been instructed until the dispute is settled and recognised by a judge.

[jaffro]

HCEO is correct. HCEO's are instructed by the high court, hence the name. Thats why you MUST follow the law and correct procedure when dealing with them. They are NOT regular bailiffs and as already stated you can, and in many cases, WILL be arrested if you do not follow procedure.

 

If you could simply kick a HCEO off your premises, then nobody would pay their debts. A HCEO is the last part of the chain. A part that is used when all other methods of enforcement have failed. Allow the HCEO to do their job ( they wont seize on the first visit unless its a corporate debt), then you can challenge the Judgement. You really should have challenged the judgement from day 1, that way HCEO's wouldnt have been instructed until the dispute is settled and recognised by a judge.

 

 

i dont dispute what you say and im not throwing insults im just stating that if they did there jobs properly then i (we) wouldnt have a problem...........

 

HCEO i didnt mean offence to you personally. ive only had dealings with 1 certain company which isnt liked much on here or anywhere else. so maybe my judgement is biased a bit on my (our) experiance with said company as they didnt do anything as they should so i do apolagise.... that company has given all hceo companys a bad name..... just maybe a bit more research before wading in would save a lot of problems i suppose..

[renegadeimp]

HCEO's in general do a very good job. However, as with every single job, there are always a few idiots who screw things up for everyone else. They become a HCEO and think they are untouchable.

[brassnecked]

I think you will find input from HCEOs to be genuinely useful and reflects the realities from the other side of the fence. He knows that there are genuine cases of hardship out there, and the normal fare of HCEOs tends to be company debt. It is more recent that more individual consumers are being targeted with High Court writ to enforce a ccj, often a default undefended one, by utilities for water, gas and fuel, along with mobile phone debt.

[tomtubby]

It is rare to see insults thrown around on this forum and frankly, it should not happen.

 

A little known fact is that on a Distress Warrant, Warrant of Execution or Writ of Fi Fa (applicable in the case of Judgments over £600 and passed to the High Court to enforce) there are the words "You are hereby commanded etc".

 

In practice this means that the High Court Enforcement Officer MUST carry out the instructions on the warrant and he cannot "go behind" the order. In other words; UNLESS the HCEO company or bailiff receives instructions from the COURT to stay/cease all enforcement he is COMMANDED to enforce the warrant.

 

As I understand it, if a County Court bailiff does not enforce a warrant of execution an "aggrieved debtor" can make a complaint to the County Court bailiff and the result will be that the bailiff will be brought before the Judge to explain why he had failed in his duty to execute the warrant.

 

I do not know the position with writs of fi fa ( hopefully HCEO can explain) but the position as I understand it is that an "aggrieved debtor" also has the right to complain but the position is very different in the there is PERSONAL LIABILITY against the HCEO named on the writ. In the case of the Sheriff's Office this will be Mr Peter Noble Watts and in the case of Shergroup will very likely still be be Mrs Claire Sandbrook .

Edited July 12, 2013 by tomtubby

[brassnecked]

Hear Hear tomtubby, you have indicated the reality, and the HCEO, has no flexibility in the matter, HCEOs has given useful pointers and advice in the past, and will hopefully continue to give valuable opinion.

[jaffro]

It is rare to see insults thrown around on this forum and frankly, it should not happen.

 

A little known fact is that on a Distress Warrant, Warrant of Execution or Writ of Fi Fa (applicable in the case of Judgments over £600 and passed to the High Court to enforce) there are the words "You are hereby commanded etc". In theory this means that the High Court Enforcement Officer MUST carry out the instructions on the warrant and he cannot "go behind" the order.

 

TT i have not thrown insults to anyone i was stating a point about HCEOs in general not to a individual...... i was meerly stating if the companys did there jobs properly before trying to enforce there peace of paper it would save a lot of problems especially in the case of HCEOs ...

 

im not going to say anymore on the subject and i did apolagise if HCEO took it personally but also he should of realised it wasnt directed at him....

[tomtubby]

Jaffro...thank you. I understand.

[ck101]

Hceo visted again yesterday, again he was professional and curtious. He explained that he needed more information and left some paperwork.. I tried phoning British gas but they could not find any records of this debt.. So I then spoke to the hceo head office and they gave me a court ref number..

 

So I ring the court and it seems that the company that moved into the building when I left continued to build up a huge 21k debt for gas or electricity.. Even though British gas were told during the bankrucpy that the company had closed.. I was not even in the courty when this happened..

 

So set aside set off and when I've won that I'm going to take British gas to small claims to get my £80 set aside fee back..

[tomtubby]

Well done for getting to the bottom of this and please do keep us all updates as to the outcome.

[ploddertom]

 

So set aside set off and when I've won that I'm going to take British gas to small claims to get my £80 set aside fee back..

 

No need for a sepaprate application. If you succeed with your Set Aside ask for your application costs & costs of the day - travelling, parking, time off work etc