Enforcement agent says Blindness and deafness not vulnerable

[Kevnf]

Hello

I have an outstanding high court debt. A bailiff was sent to my address by High Court Enforcement in Wales.

I answered the door and explained to him I was registered both blind and deaf and that there was nobody else in the house and please could he go away as I couldnt help him.

The response I got was "You answered the door therefore you are not vulnerable". I told him I wouldnt let him in. He said "Thats your right, but if I find a window or door open anytime I can get in". Apart from that being a threat to a disabled person, I thought that they could only come through a door now, and that forcible enrty was restricted to criminal fines and associated with good they had already taken possession of.

Has he the right to tell me I am not vulnerable because I answered the door? His medical training must have come in useful there. I am worried about his return. Does anybody have any advice for me please?

[citizenB]

What was the original debt for please ?

[ploddertom]

Can you tell us a bit more about the debt as it could be there are other grounds it could be sorted out? Do I assume you use speech recognition software?

[Kevnf]

Hello it was for unpaid school fees. I had a stroke and was unable to carry on working. My daughter was exdpelled from the school mid term and we were charged for whole year plus 50% equalling 17000 no way I could pay it and still no way.

[Kevnf]

Yes. And the school are just going for it wikll not discuss alternatives. Never known anything like it.

[SabreSheep]

Has there been any forms from northampton bulk court?

Has a CCJ been obtained?

 

Who was the Enforcment Agent working for?

[SabreSheep]

Also the +50% would that be considered a penalty? and thus nonenforceable?

[ploddertom]

Did you return any of the paperwork you received? Did you attend any Hearings? Have asked to pay in instalments?

[Kevnf]

The 50%is in the school contract. I am trying to get them into our local county court but its so complicated trying to get high court permissions and transfers and in the meanwhile I think this person will come back. we live in rented accomodation. we have nothing. I was stretching myself sending my daughter there to give her a chance I never got. We really dont have this kind of money and the school know it.

[Kevnf]

the first we knew was a judgement from some place in salford

[Kevnf]

Northampton yes. My wigfe phoned and asked how they could get a judgement without us putting our side of bthings. she gotb some guff about paperwork they sent us. we did not get whatever it was then 2 days after phone call matey showed up. A friend suggested getting it back into court locally and trying to get instalments worked out. I spoke to the school they are not interested and referred me to their solicitors who took the line they can only act on instruction. I they can see a big pay day from this

[Kevnf]

Am just off to Doctors will come back to this over weekend. Any advice gratefully recieved thanks

[ploddertom]

I'm positive we can help get you sorted out even if only to pay in instalments & Stay the enforcement action. You will need to download 2 Forms from HMCTS:

1 - Form N245 to apply for a Variation Order

2 - Form N244 to apply for a Stay of Execution which if granted halts all further enforcement actionm & charges

[Bailiff Advice]

Kevnf

 

I am so sorry to hear of your disabilities. The sad fact is that many debtors 'claim' that they are 'vulnerable' and simply consider that this will be sufficient for a bailiff collecting a government debt or enforcing a judgment on behalf of a creditor to simply withdraw from the premises. It will not happen.

 

If there is a case of genuine vulnerability then at the very least some sort of documentary evidence really should be provided. In your case, I would assume that evidence should be easy to provide and I urge you to do so.

 

Before even getting to a personal visit you should have been sent a Notice of Enforcement. Did you receive this?

[ploddertom]

 

Before even getting to a personal visit you should have been sent a Notice of Enforcement. Did you receive this?

 

 

I have a sneaking suspicion the address they are using is incorrect.

[wonkeydonkey]

This is a civil debt and the bottom line is nobody can get blood out of a stone. Please stick with PT and follow his advice. I don't doubt this can be easily resolved and all the help you will need is here on Cag.

[Kevnf]

No we didnt receive that. And I showed him my Registration of blindness and deafness. Thats when he made the comment about answering the door

[Kevnf]

Thanks I will download those forms I am off now Thanks again for helping K

[BankFodder]

Which bailiff company please

[Bailiff Advice]

No we didn't receive that. And I showed him my Registration of blindness and deafness. Thats when he made the comment about answering the door

 

Kevnf,

 

Thank you for this additional information which is very significant indeed!!

 

You will see that Bankfodder has asked for details of which bailiff company this individual was representing. For your information, Bankfodder is the owner of this entire forum and his input should demonstrate to you how serious your post is.

 

PS: If you feel that you do not want to reveal the name of the company then please press the report post and a site team member will contact you.

[Kevnf]

HCE Group in swansea

[Kevnf]

I have complained to HCE group and sent a copy of a Doctors letter confirming my health problems. I also asked for confirmation they had recieved it. Thaey have-by recorded mail and email. I got no reply

[Kevnf]

Incidentally I was told I was only a vulnerable person if a Judge says I am.

[brassnecked]

Looks like HCE Group are out of order, please follow the advice from ploddertom, and put in that application for stay and variation. As to vulnerability the HCEO is talking from his bowel bugle, what you showed him is imho prima facie evidence of vulnerability.

[Kevnf]

Just to be accurate this guy was a freelance. We are not in Wales so they engaged him.