Nightmare with HCE.

[Nath123]

Hi all,

 

Quite some time back now we used DHL to import products from china. The problem was that DHL quoted one price and then invoiced me another price. I raised this as a complaint and over several months this happened over and over. In the end I had several invoices that had been questioned, eventually we got a credit back for the over payments but intrest and late payment fees still applied.

 

I contacted DHL and told them that I would not make payment until they removed said fees, they wouldn't do it. Eventually I received a CCJ for the amount outstanding minus the fees and interest, so I foolishly filled the form in and sent it back. I had admitted that I owed them the amount on the form because that is what I owed them.

 

I received a letter explaining I had 30 days to pay the outstanding amount and this would stop any entry onto my credit file. After a couple of weeks I had a hand delivered letter at my office address saying I had not made payment and that a bailiff would be back to seize any good equating to the amount outstanding.

 

I got onto the phone and they explained I had 14 days to pay it and 30 days before it goes onto credit file. The lady in the office suggested I send a cheque direct to DHL and it should stop any further action. I did this.

 

Today I have another letter from the same bailiff wanting a further £900.

 

This is absolutely crazy!

[HCEOs]

What was the exact wording on the judgment regarding payment? If it said 'forthwith' then payment should have been made immediately. If it said 14 days then clearly that is 14 days. The point at which it enters onto your credit file is irrelevant unfortunately.

 

Once you understand this point it will then be down to when the Enforcement Agent attended (was it after payment was due) and what did the Enforcement Agent levy on?

[Nath123]

It did say forwith and then went on about 30 days, I just took it as I had 30 days to pay. Obviously not.

 

The Bailiff attended after I had receieved that letter. As soon as I was made aware I borrowed the money, banked it and sent a cheque. I hadn't heard anything since until today, I thought it had all be sorted now.

 

How someone is meant to repay something they are having trouble paying and then adding huge fees and costs too is beyond me.

[HCEOs]

Unfortunately the HCEO is entitled to attend and levy then. The chances are that your payment to DHL has been passed the the HCEO and have paid the fees leaving £900 of judgment debt outstanding.

 

Your best bet is to get a breakdown of what has been charged. Others on here will have opinions on that I'm sure.

[Nath123]

Just contacted the CAB, they have passed me onto Business Debt Line.

[HCEOs]

You'll get better help on here from the likes of wonkeydonky, ploddertom, brassnecked and tomtubby.

 

I'm sure they'll be along soon.

[Nath123]

Thanks

[Nath123]

The letter he has posted states he is coming back later today, should I contact him or not?

[HCEOs]

It would be prudent to do so. Are you in a position to pay what is being asked?

 

If he attends today it will no doubt incur you further costs. Sometimes attendances are delayed if he gets stuck on a long job elsewhere so don't be surprised if he doesn't arrive and turns up tomorrow etc.

[Nath123]

So, do I ring and try to reason with him or do I just leave him to it and hope he doesn't show?

[Nath123]

Either way I need to do something about it, Ive been advised to get a breakdown of all the fees. Do I ring and ask for that? This way I can delay them slightly?

[HCEOs]

Asking for a breakdown of fees is unlikely to prevent attendance and may indeed speed it up as the HCEO may wish to complete execution prior to any issues arising. You could ask to make an arrangement to clear the balance to bide you some time.

 

You could make an application for a Stay of enforcement to the High Court or a local District Registry but this may be rejected unless you have sufficient grounds to do so. I'm not sure have with what has been said so far. I would also say that this isn't going to happen tonight though.

 

I'm surprised others have not commented....

[Nath123]

I've been on the phone to the main office and not the branch office that the HCEO has come out of, I've explained the situation and she went away and took some time to ask advice.

 

She's going to email me the breakdown of fees and I've told them I will provide any further information they may need in regards to making a payment plan.

 

I also asked could she contact him in regards to what is going on because I don't want any involvement with him after the last conversation we had.

[Nath123]

£1,862.64 Payable to the Claimant, made up as follows: -

£1,651.30 Judgment Amount

£95.00 Judgment Costs

£111.75 Costs of Execution

£4.59 Interest @ 8.00% p.a.

£669.13 Officer Costs, inclusive of VAT, made up as follows: -

£2.40 Seizure Fee

£4.80 Enquiry Fee

£60.00 Mileage

£111.76 Valuation Fee

£21.29 Daily Seizure Fee

£250.00 Administration Fee

£160.00 Financial Management Fee

£58.88 Poundage

£2531.77 TOTAL

Less(£1746.30) Payment - Post Judge Credit

£785.47 Outstanding Balance

 

 

Now surely this could have been resolved by either a simple telephone call or a letter sent via post. It's not as if they have attempted to contact me in regards to making payment so why the need to send someone out and incur all those extra costs? Absolutely disgusting. I wouldnt mind if I had been trying to duck and dive a few letters or telephone calls but I haven't.

[HCEOs]

Unfortunately the very nature of High Court enforcement requires an attendance to seize your goods. It is not done by letter or phone. The attendance is to seize your goods to sell at auction if payment is not made. The actual removal of goods unlikely if a sensible payment arrangement is reached and the installments stuck to.

 

Believe it or not but those fees are fairly reasonable given what some companies charge. Some could possible be argued but the costs in doing so often outweigh the gain.

 

Did the enforcement agent make a list of your goods on a Form 55?

[Nath123]

Also the figures above are not the same figures as whats on the Yellow form he has posted me today.

 

Total on the form is £903.44, however if I take the fees they have just emailed me and add the £120 onto the it that he has charged me for today then I get 875.47 and not the £903.44.

[Nath123]

Unfortunately the very nature of High Court enforcement requires an attendance to seize your goods. It is not done by letter or phone. The attendance is to seize your goods to sell at auction if payment is not made. The actual removal of goods unlikely if a sensible payment arrangement is reached and the installments stuck to.

 

Believe it or not but those fees are fairly reasonable given what some companies charge. Some could possible be argued but the costs in doing so often outweigh the gain.

 

Did the enforcement agent make a list of your goods on a Form 55?

 

Yes he has put my car registration number on it.

[ploddertom]

Yes he has put my car registration number on it.

 

How do you trade? Is the original CCJ & Writ in the correct name? With regards to the Fees do you have dates to go with them?

[Nath123]

Sole trader.

 

The writ is addressed to me trading as my company name. The was issued at my office yet the courts have my home address.

 

No dates to go with the fees.

 

I read somewhere that I should approach the courts which I have done, the courts are still not aware that this has been paid as DHL have not informed them still. The lady at the court said maybe filling out a N244 out?

 

Regards

[tezza1234]

£669.13 Officer Costs, inclusive of VAT, made up as follows: -

£2.40 seizureicon Fee

£4.80 Enquiry Fee

£60.00 Mileage

£111.76 Valuation Fee

£21.29 Daily seizureicon Fee

£250.00 Administration Fee

£160.00 Financial Management Fee

£58.88 Poundage

 

some of that sounds a bit steep to me

[HCEOs]

Sole trader. The writ is addressed to me trading as my company name.

 

In that case your own personal belongings are available for seizure also.

 

You really need to resolve something before a re-attendance by the HCEO costs you many hundreds more.

[Nath123]

I've asked for dates the fees occured and I've also asked for any information in regards to submitting a payment plan.

 

Whilst we are discussing the fees and a payment method I'm not sure they would send the HCEO back out.

 

What are your views on the N244, surely I have a right to contest the fees?

[HCEOs]

That is not the way to challenge fees. I would be very cautious in doing so unless you have good grounds as you could end up with significant costs against you. I personally think the fees are reasonable, others may disagree.

 

The HCEO has every right to re-attend whilst money is outstanding and even though you're discussing options this could still happen.

 

It would be better for you to seek proper legal advice from a solicitor if I'm honest. Or pay what is being asked and then challenge it.

 

What are your reasons for challenging the fees?

[ploddertom]

 

I read somewhere that I should approach the courts which I have done, the courts are still not aware that this has been paid as DHL have not informed them still. The lady at the court said maybe filling out a N244 out?

 

Regards

 

I'm not quite sure what you mean by this but will have a stab at what it may mean. If you are saying that DHL were paid they do not have to inform the Court, it would be up to yourself to do that if you want a Certificate of Satisfaction - cost £15 I believe, but you would have to prove - usually via a letter from your Creditor that it is paid unless you ask them to contact the Court.

[ploddertom]

If you are going to make a submission to the Court it should be for a Variation Order whereby payment can be set at an affordable level. This is done on Form N245 - very simple to complete & costs about £45. It will not however stop any visits or enforcement by the HCEO and it may be you can arrangement payment amicably so negating the Court - the Court only puts affairs on a formal footing.

 

As has been mentioned previously you could apply for a Stay of Execution but think this should only be done if any agreement with the Enforcement Officer falls on deaf ears.