Sheriffs Office incorrect levy

[tooktoolong]

Had a visit from a P Ashworth who is signed as a HCEO although I cannot find them on the register.

They posted a form 55 and a walking possesion agreement (which I can return to prevent removal of goods) for a case from September 2007

The court awarded costs to another party who has not pursued until the weekend.

No one was in so the forms were posted through the letterbox and ask for immediate payment to settle the matter.

Confusingly the officer listed a trailer (forgot to say the trailer is not the defendants) but did not remove it as well as all other goods required to satisfy.

The costs include backdated interest of 5.5k and Sheriffs fees of 1.8k and vat on top.

Sounds a lot for a visit.

In 2007 other party was awarded court costs and my solicitor advised court and creditor that due to disability and unemployment (due to disability) unable to pay costs and that was that - unil the weekend.

Any help appreciated any guides I can be pointed at etc?

Many thanks.

 

tooktoolong /not long enough

Edited July 29, 2013 by tooktoolong
missed text!

[tooktoolong]

I forgot to ask if payments are started to be made do they have to continue if the creditor is deceased?

A little morbid but practical as the creditor is aged.

 

tooktoolong /not long enough

[ploddertom]

Had a visit from a P Ashworth who is signed as a HCEO although I cannot find them on the register. HCEO's and their appointed Enforcement Officers do not necessarily appear on the Bailiff Register although some are Certificated Bailiffs as well. The Authorised HCEO can appoint anyone to act for him/her

They posted a form 55 and a walking possesion agreement (which I can return to prevent removal of goods) for a case from September 2007 - you do not have to do this but see further below.

The court awarded costs to another party who has not pursued until the weekend. Was this as a result of a prior CCJ?

No one was in so the forms were posted through the letterbox and ask for immediate payment to settle the matter. usual practice.

Confusingly the officer listed a trailer (forgot to say the trailer is not the defendants) but did not remove it as well as all other goods required to satisfy. You are going to have to inform the owner of the trailer and they in turn will have to provide proof of ownership, they now have 4 days left in which to do this.

The costs include backdated interest of 5.5k and Sheriffs fees of 1.8k and vat on top. The fees can be challenged.

Sounds a lot for a visit.

In 2007 other party was awarded court costs and my solicitor advised court and creditor that due to disability and unemployment (due to disability) unable to pay costs and that was that - unil the weekend.

Any help appreciated any guides I can be pointed at etc?

Many thanks.

 

tooktoolong /not long enough

 

Is this for a personal debt or business? Will makle a difference to the advice offered.

[tooktoolong]

Hi,

it is for a personal debt (if this is what court costs are classed as?)

[tomtubby]

If the HCEO levied upon goods ( in your case a trailer) that do not belong to you then it is a relatively simple procedure whereby the OWNER of the goods needs to provide a statement to the Sheriffs Office with some sort of evidence. There are strict time limits in which this needs to be done ( in your case you have 4 more days).

 

Ploddertom is the expert on matters relating to High Court Enforcement and you will get a lot of great info from him.

 

Regarding the question about whether the debt is still valid if the creditor were to pass away. This is an interesting question. I work one day a week at the debt charity and a similar question was asked a short while ago and I was told by another staff member (who is a retired solicitor) that payments would still need to be made as they would be due TO THE ESTATE of the deceased. It makes sense.

[tooktoolong]

Thanks for the replies, a statement from the owner emailed and posted to the sheriffs office will prevent removal? I can sort this today.

As it looks like a personal debt should an offer be made directly to the creditor rather than the bailiffs?

[ploddertom]

Hi,

it is for a personal debt (if this is what court costs are classed as?)

 

In that case I assume the Enforcement Officer ia attending a private residential address.

 

Regardless of what the Form 55 may say or anything the Enforcement Officer may come out with then there is no automatic right of entry for them to your home. To seize goods the EO must gain peaceful entry and then diligently carry out his levy. He may also seize any goods outside that are of value - wooden garden furniture, gas BBQ for example but the most notable item is a motor vehicle - these items must be put away somewhere safe. The EO is allowed to force entry to any detached building on the premises - garage, shed, workshop etc. If the garage is attached to the house then it will be safe as long as it can be securely locked.

 

Providing he is denied entry or prevented from levying on goods outside then realistically he is pretty powerless and can do nothing. He may only visit 3 or 4 times as he may realise he is getting nowhere whereas he could be earning elsewhere. He may then decide to return the Writ to the Creditor who could decide to employ another HCEO and it all starts again. The Writ only lasts a 12 month but may be renewed on request.

 

You could also apply to the Court for a Stay of Execution against the Writ which if granted halts any further enforcement action or charges & at the same time apply for a Variation Order allowing the debt to be paid in instalmemts.

[ploddertom]

As it looks like a personal debt should an offer be made directly to the creditor rather than the bailiffs?

 

They will probably reject it as they may then become liable for the Fees of the HCEO>

[tooktoolong]

So property in the garage (at the end of a shared drive) can be looked at by them and listed, an office is also in the garden again you imply that they can force entry to this. Can they be included in the declaration? No items in the office are the debtors (it is a home based office cabin) In fact none of the property they would be breaking into is owned by the debtor!

 

An email was going to them listing the vehicle which is under finance and parked on the drive is this still a good idea?

 

Thanks for the responses.

Edited July 30, 2013 by tooktoolong

[ploddertom]

So property in the garage (at the end of a shared drive) can be looked at by them and listed, an office is also in the garden again you imply that they can force entry to this. Can they be included in the declaration? No items in the office are the debtors (it is a home based office cabin) Any goods seized must be those of the debtor. He is allowed to assume that goods do belong to the debtor unless proof can be provided they are the goods of a 3rd party.

An email was going to them listing the vehicle which is under finance and parked on the drive is this still a good idea? What type of finance? If HP or Lease then you need to provide proof, if a loan of some description then that may not be covered.

 

Thanks for the responses.

PT

[tooktoolong]

If a copy of the mortgage was sent would that be ok to send to prove ownership of property and office / garage? This would show single ownership not the debtor.

 

A copy of the reciept for the trailer can also be provided.

 

The car was purchased under a pcp agreement so it could be handed back or traded in.

 

What size of payments should be acceptable to the HCEO, the fees are the worrying part as they are so large.

[ploddertom]

Are you saying the debtor does not live there? Payments are best made via a Variation Order as mentioned previously so they are affordable to you, if agreement is reached with the HCEO I would suspect they will want paying over 3 months only.

[tooktoolong]

Are you saying the debtor does not live there? Payments are best made via a Variation Order as mentioned previously so they are affordable to you, if agreement is reached with the HCEO I would suspect they will want paying over 3 months only.

 

 

 

 

They do live there, but the property is not theirs. Not on the mortgage as it was purchased whilst the debtor was already on another mortgage. Three months would be a little too high (over 6k a month) they were looking at about £10 a month based on current income.

[HCEOs]

It would appear that the debtor may be vulnerable and that an application for a variation order may be the best route to take. A stay of execution should also be applied for whilst this application is awaiting it's result.

 

HCEOs will allow longer for payment plans if the debtors situation warrants this.

[tomtubby]

If there is a "vulnerability" then it is for the debtor to bring this to the atttention of the enforcement company and if possible...to provide some sort of evidence ( if available).

[tooktoolong]

On the walking possesion it lists claim numbers, are these actual (searchable) claims or cases?

 

What does the 'vulnerability' part mean?

[tooktoolong]

Does anyone have other numbers for Croydon aside from the call centre in Manchester?

Tried to contact them yesterday as the local court refused to accept n245 n244 as it was not a cc matter, went around four different departments all wrong then ended up at the call centre who did check the claim numbers shown on the hceo paperwork but they said they were invalid case or claim numbers. Trying to contact the court to be sure.

[ploddertom]

Does anyone have other numbers for Croydon aside from the call centre in Manchester?

Tried to contact them yesterday as the local court refused to accept n245 n244 as it was not a cc matter, went around four different departments all wrong then ended up at the call centre who did check the claim numbers shown on the hceo paperwork but they said they were invalid case or claim numbers. Trying to contact the court to be sure.

 

If you are using the number on the Writ then the Court will not have a clue what you are on about - it is the CCJ number you need.

[tooktoolong]

It is on the form 55

' district registry: croydon district registry queens bench claim no xxxxxx' and

'high court claim number: xxxxxx'

 

so the ccj number is the one to be found, i cannot see this on any documentation given by SO but I suppose they would not include that helpful info.

 

Thanks again!

[ploddertom]

If you look closely at the Form 55 it may have something similar to "sent by Certificate from XYZ County Court on xx/yy/zzzz" and may have the CCJ No near it.

[tooktoolong]

It has "sent by Certificate from XYZ county court on xx/yy/zzzz" but does not have the ccj number.

[ploddertom]

Have you checked your credit file. Experian & Equifax give a free trial but you must remember to cancel or they will charge you. Noddle is completely free or you could go to Registry Trust & look it up - cost £4 I believe.

 

Alternatively scan & upload what you have & I'll have a look at it - if doing this though remember to remove all personal identifiers.

[tooktoolong]

Is this needed? The judgement was made in high court so not sure if this is the same? Do not want to leave a credit trail if it can be avoided. No subsequent problems with obtaining loans or finance ever.

[ploddertom]

Is this needed? The judgement was made in high court so not sure if this is the same? Do not want to leave a credit trail if it can be avoided. No subsequent problems with obtaining loans or finance ever.

 

So no CCJ was involved?

[tooktoolong]

That is a very good question!

I am beginning to think that a ccj was not put out, but an award was made. I will have to try to contact the original solicitors. Not looking forward to that.