Nightmare with HCE.

[ploddertom]

Meant to say that HCE Group in the main are quite approachable and should listen to what you have to say.

[Nath123]

Been on the phone to HCE again today.

 

The court issued the form explaining that I needed to make payment to DHL on the 10/9/13,

 

DHL Instructed HCE on the 27/9/13

 

Thats 13 working days from the court issuing and DHL instructing, not minusing any days lost in post etc.

[HCEOs]

But you have already said that the judgment was for payment 'forthwith' which is immediate.

 

It is not 'working days' anyway, it is actual calendar days.

[ploddertom]

Unfortunately the big boys tend to flex their muscles as you are just an account number and nothing else. There are those that only wait 2 or 3 days before doing this.

[Nath123]

Still not got anything resolved with this as of yet, HCE are not interested and just want payment and I simply cannot afford to pay them the amount they are asking for. I will be submitting income and expenditure and trying to get a payment plan down whilst I try and get this thing resolved.

[HCEOs]

Did you have any luck resolving your issues Nath123?

[Nath123]

I submitted the income and expenditure and a offer of £10 a week, they declined the offer and sent out a officer to let me know. The officer told me that they had not accepted the offer and he was here to take the car. I raised the offer to £25 a week. They have just emailed me back now to say they will accept £25 a week although the balance needs paying off in six weeks time and they have added a £50 setup fee to the costs.

 

I cannot believe that these people are able to pull these kind of stunts in this day and age.

 

I owed DHL money, I admitted I owed them the money as soon as they removed the incorrect charges. I paid DHL off in full yet these morons keep hounding me and making it as difficult as possible to settle the £1000 fees they have charged me.

[wonkeydonkey]

Hi Nath123

 

I have read this post several times and it would seem to me it all hinges on dates..............there appears to be a period of 17 days from the date the judgment was made and the writ obtained, however you do not mention the date the debt was settled direct with the creditor.

 

If the debt was paid before the writ was 'active' then you do not owe anymore than the amount given in Judgment to the creditor. If you did not make any payment until after the writ was in place and a visit to serve the writ took place then you could be liable for some small 'costs' However, looking at the breakdown you have received I cannot see how most of their costs can be justified and personally I would be challenging them.

 

There is at least one HCEO who I know that are very professional when executing their writs and given the circumstances you outline, they would in all likely hood see your having paid the creditor direct without fuss satisfactory and call the debt settled then make charge to the creditor of £60 to abort the writ.

 

I would be looking to stay the writ pending detailed assessment of the fees (this is the correct way to challenge the 'costs)

 

WD

[Nath123]

wonkeydonkey, is there any chance you could point me in the right direction of making the stay?

[Nath123]

Looks like my original reply never posted.

 

As far as I was aware I had sent the payment and it was processing. I then received a visit where the officer posted by hand the writ. The same day the writ was issued I then realised that the payment was not being processed, another cheque was sent recorded delivery and soon after the amount in full left owing was paid. Weeks after I received another writ but for the fees of the HCEO officer.

 

Thanks

Nathan

[wonkeydonkey]

If the debt was not paid 'forthwith' as ordered, then DHL have done nothing wrong in transferring their ccj up to a Writ of fi'fa and instructing HCE to enforce.

 

What is still unclear is,......... were DHL paid with cleared funds before the date the writ commenced? If not HCE have acted as the writ commands (instructed) and attended enforce ie; seize goods or collect payment, they are entitled to charge for doing that.

 

If you have good reason to believe the fees that have been charged do not comply with regulations, you will need to challenge them in the correct manner. Google and read carefully .........Practice Direction 47 of the Civil Procedure Rules for Detailed Assessment of Costs. and take action accordingly

If you are finding the current agreement of £25pw is not affordable to you and HCE are refusing to lower the payment, you could apply for a Stay of Execution along with a Variation Order to get the agreement on a formal footing.........be warned...as from 6th April the costs for making the aforementioned applications will increase substantially.

[Nath123]

£1746.30 Judgement debt

£111.75 Cost of execution

£4.59 Accrued interest

£1862.64 Total due to Claimant.

 

Our Fees incurred in this matter broken down as follows:

£58.88 Poundage

£2.40 Seizure Fee

£4.80 Enquiry Fee

£60.00 Mileage

£97.00 Valuation

£120.00 Enforcement Costs

£250.00 Administration

£160.00 Financial Management Fee

£50.00 Arrangement Fee

£30.00 HPI

£833.08 Total in Costs

[ploddertom]

You need dates for each time a fee was charged!

[tomtubby]

Being really blunt here....the new regulations that took effect on 6th April at least make these awful charges (as outlined above) a thing of the past.

[HCEOs]

Being really blunt here....the new regulations that took effect on 6th April at least make these awful charges (as outlined above) a thing of the past.

 

That's not necessarily the case as this would have progressed to Enforcement Stage 2 now and the fees would be circa £899.

[wonkeydonkey]

I cannot add further to my post #36 since you have still not made it clear if DHLwere paid with cleared funds before the date the writ commenced?