HCEO on Doorstep Reed Rains rent for old LL - Please Help

[bigjayce]

Hi,

 

I came home tonight to find two HCEO on the doorstep trying to collect £6815.87 apparently owed from a Money Order, breakdown as follows:

 

Judgement Debt - £5122.55

Judgement Costs - £0.00

Costs Of Execution - £111.75

Assessed Solicitor Costs - £0.00

*Interest To Date - £173.74

*HCEO Fees - £1532.78

Total Outstanding - £6815.82

 

As you can imagine this came as one hell of a shock, this all dates back to May when we moved out of our last rented property, the landlord refused to carry out any of the repairs we continually complained about, heating systems that didn't work, taps that ran constantly, a bath you couldn't use, the first time we did water came pouring through the ceiling and ruined the leather suite, the list goes on.

 

The property was managed by Reed Rains, we moved in on 15th December 2012 and out on 15th April 2013, the £1200 deposit has disappeared, the landlord doesn't have it and the deposit protection service has no record of it ever being submitted.

 

I had refused to pay the rent as the repairs were not being carried out, rooms were left totally unusable over winter because of the heating not working. The landlords solicitors sent me a letter stating they were seeking eviction, I replied informing them we had found another house and were moving out, we moved out and left the house in an immaculate condition.

 

Since then I have not heard another word from them until the HCEO's turned up today, they have left a Form 55 seizing my Car (bought for £400 5 months ago and probably worth 2) yet they have driven off without it, I understand this to be Abandoned Levy?

 

I have spent 20 years self employed and am signing on JSA now as times are tough but I still report any work done to the job centre and need the car to get to any jobs that may come up.

 

I have been told to get straight to the court tomorrow morning and enter an N244 stating all the facts and ask if there is a judge available to act on it immediately, also the usual 'Keep doors, windows closed and locked' etc

 

I know how to deal with Bailiffs but this is my first run in with HCEO's - can someone please give me some advice urgently?

 

Jayce

[i hate bailiffs]

HCEO's can be dealt with in the same way as bailiffs

There is no right of entry for them no locksmith no nothing

as they are acting on a CCJ and you have heard nothing untill now you could apply to have it set aside

[ims21]

Two threads on the same issue merged and thread tidied.

[danmcr]

HCEO's can be dealt with in the same way as bailiffs

There is no right of entry for them no locksmith no nothing

as they are acting on a CCJ and you have heard nothing until now you could apply to have it set aside

 

Please do not give advice if you do not understand the rights and powers of a HCEO!

 

To the OP am someone will be along shortly to assist with your problem

[i hate bailiffs]

Please do not give advice if you do not understand the rights and powers of a HCEO!

 

To the OP am someone will be along shortly to assist with your problem

 

For you information there is no right of entry for a Hceo to a residential address acting on a CCJ

No locksmith no nothing and yes it can be set aside if they never recived court paperwork

 

Unless you have anything constructive to post we shall leave it there

[welsh1]

For you information there is no right of entry for a Hceo to a residential address acting on a CCJ

No locksmith no nothing and yes it can be set aside if they never recived court paperwork

 

Unless you have anything constructive to post we shall leave it there

 

Don't hceo's act under writ's?

[danmcr]

A HCEO may enter a property to seize the defendants good's as commanded by the writ, you are correct in stating force may not be used however there is still a right of peaceful entry. Any person wilfully resisting or obstructing a HCEO commits a criminal offence and runs the risk of being arrested by the HCEO or a constable.

 

Applying to set a Judgment aside does not mean it will be set aside, there are a number of factors such as time limits. You may not also be aware that to stop a HCEO you must also apply for a stay on the execution not just setting the judgment aside.

Edited October 17, 2013 by danmcr

[i hate bailiffs]

danmcr there is I right of peaceful entry for every bailiff And HCEO!!!!!

Bailiffs and HCEO may enter a property and seize goods

It does not mean that you have to give them entry

And you can refuse them entry

 

If you feel you need to discuss what can and can't be done I suggest you start a new thread

Rather than jumping on this one

[Ganymede]

danmcr there is I right of peaceful entry for every bailiff And HCEO!!!!!

Bailiffs and HCEO may enter a property and seize goods

It does not mean that you have to give them entry

And you can refuse them entry

 

If you feel you need to discuss what can and can't be done I suggest you start a new thread

Rather than jumping on this one

 

 

 

 

A HCEO can break into out houses, sheds and separate garages etc.

[danmcr]

A HCEO can break into out houses, sheds and separate garages etc.

 

and also arrest for resistance and obstruction!/

[i hate bailiffs]

A HCEO can break into out houses, sheds and separate garages etc.

 

Acting on a CCJ to residential address

 

Detached sheds and garage yes

 

House you are very wrong

 

Any silly point you wish to make is not helping the op in any way

[Ganymede]

House you are very wrong

 

 

I suggest you reread my post.

[i hate bailiffs]

I suggest you reread my post.

 

[sequenci]

it can be set aside if they never recived court paperwork

 

 

Only if the claim form was NOT sent to the last known address. So it would be all downto whether or not the land lord was updated with the new address. All that said, they could be recourse if there is a legitimate reason for the set aside - it appears there could be given the issues mentioned by the OP. It will be a discretionary, rather than a mandatory, set aside.

[Ganymede]

 

 

 

[HCEOs]

and also arrest for resistance and obstruction!/

 

Under what legal power do you refer?

[HCEOs]

Hi,

 

I came home tonight to find two HCEO on the doorstep trying to collect £6815.87 apparently owed from a Money Order, breakdown as follows:

 

Judgement Debt - £5122.55

Judgement Costs - £0.00

Costs Of Execution - £111.75

Assessed Solicitor Costs - £0.00

*Interest To Date - £173.74

*HCEO Fees - £1532.78

Total Outstanding - £6815.82

 

As you can imagine this came as one hell of a shock, this all dates back to May when we moved out of our last rented property, the landlord refused to carry out any of the repairs we continually complained about, heating systems that didn't work, taps that ran constantly, a bath you couldn't use, the first time we did water came pouring through the ceiling and ruined the leather suite, the list goes on.

 

The property was managed by Reed Rains, we moved in on 15th December 2012 and out on 15th April 2013, the £1200 deposit has disappeared, the landlord doesn't have it and the deposit protection service has no record of it ever being submitted.

 

I had refused to pay the rent as the repairs were not being carried out, rooms were left totally unusable over winter because of the heating not working. The landlords solicitors sent me a letter stating they were seeking eviction, I replied informing them we had found another house and were moving out, we moved out and left the house in an immaculate condition.

 

Since then I have not heard another word from them until the HCEO's turned up today, they have left a Form 55 seizing my Car (bought for £400 5 months ago and probably worth 2) yet they have driven off without it, I understand this to be Abandoned Levy?

 

I have spent 20 years self employed and am signing on JSA now as times are tough but I still report any work done to the job centre and need the car to get to any jobs that may come up.

 

I have been told to get straight to the court tomorrow morning and enter an N244 stating all the facts and ask if there is a judge available to act on it immediately, also the usual 'Keep doors, windows closed and locked' etc

 

I know how to deal with Bailiffs but this is my first run in with HCEO's - can someone please give me some advice urgently?

 

Jayce

 

In the first instance you may have grounds to have the judgment set aside or at least until you can submit a defence. This would be done on a form N244 to the issuing County Court. The County Court claim number will be detailed on the Form 55 and should have two letters at the start dictating which court it is.

 

Alternatively you may wish to apply for a variation order and pay the sums owed over time.

Edited October 18, 2013 by HCEOs

[danmcr]

__

[brassnecked]

HCEOs has nailed the way forward imho

 

danmcr, if the HCEO calls at the wrong address, as in say he is after Mr Smith at 1 Larch Street, but calls on and enters the garden of Mr Davies of 1 Larch Avenue, a tussle ensues as the HCEO tries to seize the ride on lawnmower Mr Davies is using. The HCEO grabs Mr davies, and pulls him off the mower, Mr davies lamps the HCEO, the police call, HCEO arrests Mr Davies for obstruction.... Would Mr Davies be able to rely on R v Tucker an Appeal Court case from 2012 where it was said that basically where the enforcer could be regarded as a trespasser the householder could use reasonable force to remove them.

Edited October 18, 2013 by brassnecked

[HCEOs]

It would appear danmcr has removed his post which read: "Sheriffs Act, Courts Act 2003". Both are incorrect in my opinion.

 

brassnecked, whilst I believe your tongue is firmly planted in your cheek, 'lamping' anybody would not be seen as reasonable force.

[brassnecked]

It would appear danmcr has removed his post which read: "Sheriffs Act, Courts Act 2003". Both are incorrect in my opinion.

 

brassnecked, whilst I believe your tongue is firmly planted in your cheek, 'lamping' anybody would not be seen as reasonable force.

Yes it was BUT, would that appeal court case in the scenario allow for reasonable force if the HCEO tried to arrest for obstruction?

[HCEOs]

Yes it was BUT, would that appeal court case in the scenario allow for reasonable force if the HCEO tried to arrest for obstruction?

 

I'd say yes, probably, but the Police would still likely arrest him for assault in the first instance.

 

However, all of this comes down to some common sense on both sides. The lack of which I sometimes read on here regarding HCEOs and witness first hand with some debtors and even their neighbours

[ploddertom]

Whilst all help & advice offered is very much appreciated the OP has not been back since the initial post - something mirrored elsewhere. Until such time as we can have more info time may be better spent on current issues.

[bigjayce]

Whilst all help & advice offered is very much appreciated the OP has not been back since the initial post - something mirrored elsewhere. Until such time as we can have more info time may be better spent on current issues.

 

To be honest I came on here for advice and it seemed to break down into an argument between a few people so I stopped checking back, since the initial visit I have found out much more information and am in a much stronger position now, it seems all of this was pushed through without my knowing to hide illegal activities by the landlord and management company, I have submitted an N245 to the court offering £5 per month, as I am on JSA this is all I can afford but I have also submitted many other court papers through the landlord not covering my deposit in a goverment scheme as required by law, not contacting me within 10 days to ask what I was doing with the deposit, breaking many aspects of the tenancy agreement etc.

 

I have the deposit of £1200 sitting there and the maximum court fine for the 'theft' of the deposit is 3 x £1200 combined they would pay the whole debt off plus the other cases I have submitted with relavent case law and precidents should see this settled pretty quickly

[HCEOs]

Interesting, what case law and precedents did you use?

 

It is important that you understand what you have used and can demonstrate why you have used them. If you can't you could end up with legal costs against you.

 

It is important you get this right.