Can a HCEO Levy twice for the same debt?

[nat]

As the title says, can a HCEO levy twice for the same debt where a debtors aplication to stay the writ has been refused bythe courts?

 

The first levy was a global levy, which obviously is unlawful. The second levy is for a car not owned by the debtor.

 

The first visit was in March 2014. Second was a couple of days ago.

 

Both visits were charged for.

[ploddertom]

As the title says, can a HCEO levy twice for the same debt where a debtors aplication to stay the writ has been refused bythe courts?

 

The first levy was a global levy, which obviously is unlawful. Correct The second levy is for a car not owned by the debtor. Have you informed them of this and have you informed the owner who will need to submit a 3rd Party Claim as to ownership?

 

The first visit was in March 2014. Second was a couple of days ago.

 

Both visits were charged for.

 

Why was your Stay refused? What grounds did you apply on? Did you know about the original CCJ?

[nat]

Stay was refused as I didn't attend court, I was in hospital having an operation on the day of the hearing, I wrote a letter to the court well in advance advising them of this. I have offered to pay in installments as I am on benefits, and a full income and expenditure form was attached to my letter. I have been ordered to pay in full. I knew of the original CCJ and admitted itstraight away. I have been trying to get the claiment to accept instalments from the beginning, but they are simply refusing to. I did inform the HCEO that the car didnt belong to me and showed them the log book. They said that a log book is not proof of ownership. The owner of the car is going to send them a letter stating that the car belongs to them.

[ploddertom]

Thank you for that.

 

Hindsight is a wonderful thing and what you should have done is made an application to Vacate the Hearing you had and asked for another. Really I think you may have been dealt with harshly if they had plenty advance notice but the Courts can be a law unto themselves. It does sound as if the letter you wrote was not passed on, have you thought about raising a complaint with the Court Manager.

[ploddertom]

As for instalments, even though you have a Forthwith Judgment it is still possible to apply to pay via instalments. A Variation Order can be applied for using Form N245, it's a simple form to fill and includes a simple I&E. However this does not prevent the Enforcement Agent returning and trying to apply more pressure to pay in full. There would be nothing stopping you re-applying for a Stay as the grounds for doing so will have changed from your previous application anyway.

[ploddertom]

If the owner of the car is going to apply for a 3rd party Claim to have the car released from seizure then more than a letter is required. Preferably this should be a receipt or similar for when the vehicle was purchased. If this is not available then they may need to swear a Statutory Declaration as to ownership but they must be aware that if it is untrue they could be held for Contempt.

[nat]

Thanks. I will raise a complaint over the weekend to the courts. I applied for a variation order at the same time as the stay, which was refused as I didnt attend. it was also stated that no further applications may be made by me in relation to the claim. Is the levy legal then, even though they have levied twice and charged for both?

[nat]

There is no problem proving that I dont own the car. we still have the original receipt and the car has been in my partners name and address for the last 7 years.

[HCEOs]

The chances are they haven't charged for duplicate levys but have charged for the attendances.

 

As PT says, the third party needs to make a formal claim in writing to the HCEO within 7 days. As with all claims they should give as much evidence as possible including a copy of the V5, a bill of sale/purchase receipt and if possible the bank transfer and insurance. This way when the HCEO puts the claim to the creditor they will very likely admit it. If you don't give adequate evidence it could be disputed and the third party will have make an application (£155) and pay the value of the seized vehicle into court.

 

The sooner the claim is put in, the better.

[nat]

Just heard today, the levy has been removed from my partners car. Are they now allowed to come back to do an additional levy?

[ploddertom]

They can but if you do not allow them entry and/or make sure there is nothing of value lying around outside then there isn't a lot they can do.

[tomtubby]

I am pleased to hear that the 'levy' has been removed. I would suggest that you now write (or better still email) the High Court company and outline to them a sensible payment proposal. You will need to provide an Income & Expenditure and the enforcement company will then refer the offer to their client.

 

How much roughly is the debt? You have said that you also asked the court to consider an N245 (to vary the court order). What level of repayment were you proposing?