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      We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

URGENT HELP NEEDED re: HCEO visit

mrsflatbroke
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mrsflatbroke

mrsflatbroke

Posted
Posted

Can anyone offer some help regarding a visit from HCEO yesterday evening.

 

 

I have an unpaid water rates bill for £1214, then received a notice from the courts (without any warning from water company that it was going court) that a HCEO would be attending my property.

 

 

They came last night when I was out and left a letter with my mother saying they want £1214 plus 8% interest and £932.14 enforcement stage fee. My mother's car was on my drive and as she had no proof with her that the car was hers they have listed this is goods taken into control.

 

 

I have every intention of paying this debt (but not the fees) and am returning to work in a couple of weeks. I can offer them £50 per week to clear this debt but will definitely not be letting them into my home!

 

 

Any advice as to my next actions would be appreciated. Should I contact the water company, What will happen if I deny HCEO entry but pay weekly direct to water company? Will they eventually give up and pass the debt back to water company?

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renegadeimp

renegadeimp

Posted
Posted

932 for a fee?

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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josephbloggs

josephbloggs

Posted
Posted

Fees on a writ

£75 initial letter

£190 1st enforcement stage

£495 2nd enf stage

£525 removal

£932.14 doesnt add up!

 

If vehicle is taken into control it must of either been removed or clamped. If neither it hasnt been taken control of UNLESS your mother signed a controlled goods agreement on your behalf.

None of the beliefs held by "Freemen on the land" have ever been supported by any judgments or verdicts in any criminal or civil court cases.

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ploddertom

ploddertom

Posted
Posted

Were you aware you owed this much in water rates?

What letters have had from the Water Co prior to this?

Did you receive a claim form from the Court?

If so did you acknowledge it?

Did you know about the Court Hearing?

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mrsflatbroke

mrsflatbroke

Posted
  • Author
Posted

I was aware that I owed the water rates but received no paperwork other than my annual water bill. I received nothing from the court until 2 weeks ago when they informed me that the HCEO would be attending my property. I did not know about a court hearing.

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HCEOs

HCEOs

Posted
Posted

In the first instance you should have responded to the Notice of Enforcement as you may have been able to resolve the matter with just the £75 compliance stage fee added.

 

If what you have detailed is as it happened then I would argue that only the compliance stage fee and enforcement stage one should be added. If the debt is £1214 the fees would be approx £318.00.

 

Which company has visited you?

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mrsflatbroke

mrsflatbroke

Posted
  • Author
Posted

I contacted the court as soon as I received the Notice of Enforcement and was told that the only way to stop the HCEO attending my property was to pay in full within 7 days which I could not afford to do. I asked if I should go back to the water company and make an arrangement with them but was told it was now out of the water company's hands. I will the fees which are legal but £932.14 is madness.

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HCEOs

HCEOs

Posted
Posted

When you say the court, do you mean that company that sent the Notice?

 

As I said earlier it would appear that some fees have been added incorrectly but the compliance and enforcement stage one are correct.

 

You can challenge the fees so ask the HCEO to provide a breakdown and why each fee was charged.

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unclebulgaria67

unclebulgaria67

Posted
Posted

Look into applying for a stay of execution and a payment arrangement via the High court. National Debtline can advise on what forms you need to complete and may even know where your nearest high court is. Give them a phone call.

We could do with some help from you.

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josephbloggs

josephbloggs

Posted
Posted

The water company won't have it because they would be liable for an abortive fee.

Best i can tell fee wise is they have added the first stage fee on AND the sale/disposal stage as well, that along with the compliance stage fee and interest gives u roughly the figure you quoted (interest is 8% a year so depends how long its been owed for as to the figure). - obviously im summising because i haven't seen the paperwork.

To clarify did they other than a letter, leave you with a "notice after entry or taking control of goods on a highway" prescribed form?

If so just before the inventory, has "i have not taken control of any goods" been ticked?

There will be a list of charges on any and all prescribed forms as well.

The only way of taking control of a vehicle is clamping or removing, if neither has been done, they have not taken control of it.

None of the beliefs held by "Freemen on the land" have ever been supported by any judgments or verdicts in any criminal or civil court cases.

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ploddertom

ploddertom

Posted
Posted
These fees are not correct !!!!

 

Which company are seeking to enforce the debt?

 

Working on behalf of Simon Williamson

 

Thank you so much for this information.

 

To ensure that I do not get myself into trouble.....I had better keep my thoughts to myself.

 

 

A person with too many fingers in too many pies, not all of which know what they are doing.

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Bailiff Advice

Bailiff Advice

Posted
Posted
A person with too many fingers in too many pies, not all of which know what they are doing.

 

I had two enquiries yesterday with the same fees (including the sale fee) and both were connected with SW. I intend bringing this to the attention of MOJ in 2 weeks time. This needs to be addressed asap.

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ploddertom

ploddertom

Posted
Posted

For the information of the OP.

 

The Authorised HCEO - Mr Williamson - is responsible for all the actions and charges of his attending Agent. It makes me wonder whether he does actually know what is going and would urge in the first instance you make a complaint to the High Court Enforcement Officers Association http://www.hceoa.org.uk/regulatory-information/want-to-complain.html - unlike some associations I do know that complaints are taken seriously and action is taken where necessary. It wouldn't harm to send a copy to the MOJ and/or Lord Chancellor's Dept.

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