HCEO visit 2 days after we paid original ccj saying we owe their fees - help please

[timewarp3]

we had a visit from a HCEO for a CCJ debt to a supplier - this ccj has been paid in full- only a couple of days before their visit , but never the less paid.

the debt (CCJ dates back to 10/2013)

The original debt was about £900 , this was reduced every couple of weeks by £150 or so ( what ever we could afford really), final payment being made on 11th which was a few days before they even turned up.

so we were of the opinion had satisfied the CCJ.

then the visit from the HCEO saying he had come to collect £1010 for the debt.

I told him we had paid the CCJ in full to the client prior to his visit, & showed him the remittance advice from the bank from a few days earlier.

he said we still owe for the HCEO fees as they were instructed in November to collect,and his visit fees + their fees are valid., I told him we would not pay as i didnt believe we owed anything, He said pay it and take it up with the office if we were not happy.

We didnt pay, he left after spending about 15mins on the phone in his van,

Today we get a letter from his office saying we owe £1010 under a high court writ of FIFA ...

he has no WP , the debt was paid before he attended. what is this FiFA.

 

I phoned their office only to be told the payments I paid to the creditor only serve to reduce the amount and we still owe their fees,how can this be the case if they never visited or informed us.

 

Are they trying it on ?

 

any advice please.,

[BRIGADIER2JCS]

Had the HCEO visited you at any point prior to this visit, levied on goods/property?

[timewarp3]

No

No visit, no correspondence and certainly no levy.

[BRIGADIER2JCS]

I would think that the HCEO then has not 'earned' the fees claimed.

I'm sure someone more knowledgeable than I will give you more advice.

[HCEOs]

You will probably find that the HCEO is levying for the 'execution costs' which are legally due under the writ. These will either be £60 or £111.75 (if the claimant has used a solicitor).

 

The HCEO can legally levy for these costs but some of his fees should be reduced to reflect the payments you have made.

 

Could it be that you did not keep the claimant up to date with your payments you made?

[BRIGADIER2JCS]

Would these payments have been directly to the claimant?

[timewarp3]

yes direct to claimant, no involvement of HCEO until after we had paid in full.

[HCEOs]

But did the claimant know you were paying or were you just transferring into their bank?

[timewarp3]

claimant knew payment being made direct

infact their solicitor provided us with the claimants bank details at the outset when they sent us a copy of the CCJ

[BRIGADIER2JCS]

HCEOs fail again!!

[brassnecked]

Direct question for HCEOs, for future reference under the circumstances described, where claimant aware, and debt paid in full BEFORE HCEO visit, where can the fees be justified?

Edited December 18, 2013 by brassnecked

[ploddertom]

I'll make an assumption as to how I think this has panned out.

 

You have paid direct to Judgment Creditor who has willingly accepted payments. I would suspect the HCEO has been instructed by the JC's solicitor because they have failed to keep said solicitor up to speed with what has been going on. In my view you have done nothing wrong as it appears to be lack of communication between Judgment Creditor & solicitor and if any fees are due then the HCEO should be directed to his issuing party.

[tomtubby]

I will be interested to see how this develops.

 

Interesting scenario.

[timewarp3]

I would still like to know what my real options are

what is my best course of action if these HCEO do turn up asking for their fees.

i was unaware they were involved until their vist after I had made payment to the client.

Are they allowed to come and threaten, add fees etc for their fees ??

the way i see it is that they should have acted sooner - but id like to know where i stand

I do not want to give them anything

 

[HCEOs]

Sorry only just seen this today.

If the judgment is paid in full before the Form N293A is sealed (date of certificate) then the HCEO can charge no fees to the debtor.

If the N293A is sealed by the issuing court and a writ is obtained then technically the execution costs are outstanding. These can be enforced.

The problem is that these costs will only be £60 or £111.75 making the fees charged for an HCEO attendance seem hugely disproportionate. It would be sensible for the HCEO to withdraw from enforcement, allow the debtor to pay the execution costs and charge the creditor his fees/abortive charge.

As I stated earlier the HCEO can legally levy for the outstanding execution costs but some of his fees should be reduced to reflect the payments you have made.

The sensible thing to do would be to contact the creditor, see if he has paid for a writ and make that payment immediately. I'm surprised you haven't contacted the creditor already given what has happened.

You really need to sort this prior to another attendance. That will be no good for anybody and will likely cause you unnecessary stress and money.

[brassnecked]

Thanks for the clarification HCEOs looks like the creditor was hedging their bets, or the solicitor went for HCEO whatever. Either way HCEO has acted in good faith, so someone should pay for the work done.

[timewarp3]

How are the execution fees calculated and how do find out what they are without inviting a load of hassle ?

i suppose that if the fee is only £60 or so - ill pay it, but only if i have to and only to avoid more fees.

[HCEOs]

The execution costs are set. They are £60 as standard but a solicitor may claim another £51.75 also which if used will make them £111.75.

Some small HCEO 'franchises' state on their websites that a creditor may claim the £51.75 but that is wrong and illegal. The £51.75 is set out as a 'solicitors fee' under the CPR rules.

Are you sure you paid the creditor everything that was owed including the court costs?

My advice is to contact the creditor ASAP to ensure that everything that was due has been paid and within the timescales required.

If it has then he will need to pay the HCEO for their time and efforts. Probably an abortive fee of £60 plus VAT but if he's had payment without telling them they could demand a lot more. Either way, his problem not yours.