HCEO Threatened Court application to gain entry on SE Water CCJ

[GrumpyToSayTheLeast]

Yes, they could well be all owned by bright house. Each case is taken on its own merits to determine the worth of applying to force entry.

 

Yes, of the defendant puts the phone down, and its a high value item, then we would possibly look to seize it. No different from a search turning up a Rolex watch. If its not in use /being worn, then we will look to seize it.

It wouldn't matter if the phone was payg or contract. If the phone company wants it after its been seized, then the 3rd party claims process applies.

 

Yes, anywhere where people live is exempt from seizure as its a dwelling. Whether that be a houseboat, a car, a campervan or a tent.

I personally would not seize a mobility scooter as it is an asset used for the transport of a disabled person, however, we may make inquiries and it might be taken if the individual is not disabled and has it in the same way that most just have a car or a bike to get around on. Each case is different.

[brassnecked]

Thanks for the clarification Grumpy, at least you highlight that EA's should and mainly do use discretion according to the circumstances,

[innertemple]

i'm looking at applying to the court tomorrow to stay etc the warrant.

 

 

I am looking hopefully at filing for bankruptcy on 27th March this month.

 

I am unemployed, do not own a car and live with my partner and three kids in a housing association property.

The debt is approx £1800 for unpaid water bill.

 

How likely is it that an application to force entry would be successful?

I cant myself understand how anyone could make that sound reasonable, although I have found none of my creditors to act in any way reasonably.

 

Also, out of interest it is worded in respect of forcing entry after a successful application that the person refusing/ignoring requests to enter 'has to be in the property'.

 

if that is right, if I am outside the property, he cant force entry?

 

In any event, in respect of my planned bankruptcy, should i make a n244 or n245 application? as i am unsure

 

thanks

[GrumpyToSayTheLeast]

No, it means a resident in the property and aware its happening. They would do it at six am for instance so they knew you would be in.

 

But imho, you can relax, I very very very very much doubt that they would be awarded any sort of warrant to force entry for that. I wont say they wont, but I would stake a lot on them not applying.

[GrumpyToSayTheLeast]

Time he went home and changed his shirt with that amount of dribble coming out his mouth

 

If you refuse him entry and nothing to levy on outside he is a powerless bully

I'm afraid thats wrong, see above comments.

[innertemple]

I have rung the creditor, SE Water today and told them of my intention next week. Should i still make an n244/245 application? or is it unnecessary?

[GrumpyToSayTheLeast]

I have rung the creditor, SE Water today and told them of my intention next week. Should i still make an n244/245 application? or is it unnecessary?

 

You may just find the creditor now tells the EA that you are making an application to court, so the EA now might try to move even quicker. Please be aware that the mere appliction to stay a writ or set aside does NOT stop enforcement. The court must hear and then make an order stopping enforcement on the back of your application.

[i hate bailiffs]

I'm afraid thats wrong, see above comments.

 

If you wanted to start your own thread about the issue feel free

 

I stand by what I say

Any further action would be for the creditor not the bully boy bailiff

[GrumpyToSayTheLeast]

If you wanted to start your own thread about the issue feel free

 

I stand by what I say

Any further action would be for the creditor not the bully boy bailiff

No new thread needed. The hceo can apply to the courts for permission to enter. Its not for the claimant to apply.

[innertemple]

No new thread needed. The hceo can apply to the courts for permission to enter. Its not for the claimant to apply.

 

Hi again,

what is the typical turnaround/timeframe for an hceo to apply to the court to force entry?

many thanks

[i hate bailiffs]

Hi again,

what is the typical turnaround/timeframe for an hceo to apply to the court to force entry?

many thanks

 

 

It won't happen no forced entry

[GrumpyToSayTheLeast]

No idea, i havent been involved in the application side so i couldnt say.

 

I only get to see the outcome.

[Bailiff Advice]

I have rung the creditor, SE Water today and told them of my intention next week. Should i still make an n244/245 application? or is it unnecessary?

 

You have received a lot of good advice so far and I would agree with what is being said that permission to force entry is NOT going to happen in this case. You have fallen for the typical bailiff 'threat' hock line and sinker.

 

You have not said whether or not you were in contact with the enforcement company BEFORE the visit. If not, please take not of the following:

 

BEFORE the visit you should have received a Notice of Enforcement and the PURPOSE of this letter initial letter is two fold.

 

Firstly to bring to your attention that the debt has been passed to the enforcement company and to request payment and SECONDLY, to allow the debtor to put forward a sensible payment proposal. It is at this stage (which is called the 'Compliance Stage') that debtors are encouraged to engage with the company and to outline their financial and personal circumstances (including vulnerability). In your particular case, this was the time when you should have made the company aware of your serious financial position and plans for bankruptcy. This would not have avoided a visit given that in ALL cases where a payment proposal is made that the enforcement agent should still attend the premises. This is only applicable in cases of debts passed to the High Court for enforcement.

 

Depending on when you are filing for bankruptcy it may well be a waste of time filing an N244. Are you on benefits (as otherwise the application itself will cost you £155)?

 

PS: To re-iterate....you are worrying about something that is not going to happen. Please WRITE to the enforcement company to outline your circumstances and explain about the bankruptcy plans.

[HCEOs]

If you wanted to start your own thread about the issue feel free

 

I stand by what I say

Any further action would be for the creditor not the bully boy bailiff

 

I would confirm that it would be for the HCEO to make the application but this must be with the consent of the creditor.

 

Usually the HCEO would lay out the facts of the case to the creditor and request their consent. If the creditor agreed then the HCEO would make the application.

 

This type of action is unlikely to be used in low value debts but that will really depend on the facts and the appetite of the creditor.