HCEO - Advice needed.

[Daniellexx]

In the meantime read up on it here

https://www.nationaldebtline.org/EW/factsheets/Pages/08%20EW%20County%20court%20-%20suspending%20a%20bailiff's%20warrant%20or%20reducing%20instalments%20on%20a%20county-court%20judgment/Page-04.aspx

 

 

 

Thank you very much for all your help and information

[mikeymack2002]

Last post edited with a warning added for your information please recheck the quote above please, btw you are welcome

[ploddertom]

I'm a bit perplexed as to what is being asked for here.

 

N244 for Set Aside is not an option as now been too long.

N244 for a Stay of Execution is a possibility depending on the grounds being claimed on.

N245 for a Variation Order is also possible to try and get an affordable instalment & is probably better than an arrangement made "privately"

 

The discussion about the rights & wrongs of the Tenancy and Deposit Scheme should be taken to the Residential & Commercial Letings Forum for further help & advice.

 

It doesn't matter the length of time from the original CCJ to now to commence enforcement as it is within any time frame. If you do not have themeans to pay the blood may not be removed from the proverbial stone & if you have insufficient goods or they are of no value then the Writ should be returned Nulla Bona.

[Daniellexx]

I'm a bit perplexed as to what is being asked for here.

 

N244 for Set Aside is not an option as now been too long. - I was never going to set aside, I went to court and accept the judges ruling

 

N244 for a Stay of Execution is a possibility depending on the grounds being claimed on.

N245 for a Variation Order is also possible to try and get an affordable instalment & is probably better than an arrangement made "privately"

 

The discussion about the rights & wrongs of the Tenancy and Deposit Scheme should be taken to the Residential & Commercial Letings Forum for further help & advice.

 

It doesn't matter the length of time from the original CCJ to now to commence enforcement as it is within any time frame. If you do not have themeans to pay the blood may not be removed from the proverbial stone & if you have insufficient goods or they are of no value then the Writ should be returned Nulla Bona.

 

I understand all what you have said, and I have read all that, my question is if they attend my property (I will not be letting them in) in order for them to take control of ANYTHING do I have to sign something? Or can they take control without me signing anything?

 

I will take to them through a window, and happily provide the papers to prove I have no means to pay.

[ploddertom]

If they can take control of nothing then they may not agree to a payment plan. They only want this so if at some stage in the future you default on payment they can return, remove the goods & sell them. You must remember that if someone attends & cannot gain entry or take control of anything outside (usually a car), then he is powerless. Also don't forget that if you agreeto make payments through the HCEO they will be split with the Claimant so that for every £1 you give only 60p may get handed on, the HCEO retaining the other for his fees/costs. This will nearly double the length of time it takes you to pay.

[Daniellexx]

If they can take control of nothing then they may not agree to a payment plan. They only want this so if at some stage in the future you default on payment they can return, remove the goods & sell them. You must remember that if someone attends & cannot gain entry or take control of anything outside (usually a car), then he is powerless. Also don't forget that if you agreeto make payments through the HCEO they will be split with the Claimant so that for every £1 you give only 60p may get handed on, the HCEO retaining the other for his fees/costs. This will nearly double the length of time it takes you to pay.

 

That's fantastic advice, thank you so much. I don't have much to offer, £20 per month, and I can't see them excepting that, and it would take many years to pay off.

 

Would you be able to confirm if I gave this right please. Say HCEO arrives, I say my payment offer is £20 per month, I gather at that point he will contact claimant, if claimant accepts, is it only at this point that I sign anything and let him take control of my watch for intance (bearing in mind I will not be letting him in and there will be no car on the drive)

 

Thank you Plodderton you have been a great help too

[Daniellexx]

What will happen when HCEO realises that everything I've told them is true, that I have no assets or means to pay, what will normally happen in regards to this, will they keep returning (I don't think my nerves could handle jumping at every knock at the door) surely if they keep returning it's piintiess and costing them more money knowing I don't have anything to pay them with.

[mikeymack2002]

Final easy option ,,, do nothing dont talk to them or let them in.. debt cant be collected its returned to the creditor. They have to pay for each enforcement

[Daniellexx]

Final easy option ,,, do nothing dont talk to them or let them in.. debt cant be collected its returned to the creditor. They have to pay for each enforcement

 

 

Thank you Mikeymack2002 - would they have to notify me if its been returned to creditor

[mikeymack2002]

Its down to each HCEO if they do sorry

 

 

Don't forget to keep doors locked as they can just walk in that way the have gained peaceful entry which allows them back in if you have a car keep it away from your property too

[Daniellexx]

Ok great. If I opened the door (not knowing it was them) and they asked to come in and I said no, could they force their way in (by putting foot in the door or hand in so I couldn't close door) is that classed as peaceful entry just because I opened the door?

 

You can't access back door as its on the back of my house enclosed within garden fence, garage is also enclosed within fences too, there would only be the side gate (which is locked) or front door

[mikeymack2002]

No

[Daniellexx]

So I basically have to invite them in or leave the door open in order for it to be peaceful?

[mikeymack2002]

yes

[Daniellexx]

Thank you so much

[mikeymack2002]

Mode of entry

57. Enforcement agents should not seek to gain peaceable entry to premises under false pretences; for example asking to use the toilet, or to use the telephone. They should be clear as to why they are seeking entry to the premises.

58. Enforcement agents should only enter premises as part of the enforcement process.

59. Enforcement agents must only use a door or usual means of entry to enter premises.

60. A power to enter premises by force exists for the execution of High Court and County Court debts at business premises or at any premises where an enforcement agent is enforcing criminal penalties. This power should only be used to the extent that it is reasonably required and only after the debtor has been warned that the power exists and the consequences of a wilful refusal to co-operate.

61. A power to re-enter premises by force applies to both residential and business premises where a controlled goods agreement is in place and the goods remain on the premises but the debtor has failed to comply with the repayment terms of the controlled goods agreement. This power should only be used to the extent that it is reasonably required and only after the debtor has been given notice of the enforcement agent’s intention to re-enter.

[Daniellexx]

Brilliant, understand all that.

 

In regards to the writ, I've just found out that it's for my previous address! Yet the letter I received Thursday from the HCEO was to my current address. I gather they can't enforce this now?

 

I've also been reading about a "notice to produce and notice to leave" can I do that?

[wonkeydonkey]

Brilliant, understand all that.

 

In regards to the writ, I've just found out that it's for my previous address! Yet the letter I received Thursday from the HCEO was to my current address. I gather they can't enforce this now?

 

You would be seen to be very wise to stay away from the site you have been reading, it has just cost a hapless debtor in excess of 3K in costs alone.

 

However to answer your question...................

"I've also been reading about a "notice to produce and notice to leave" can I do that"

 

Yes you can do it but it will get you nowhere, the attending Agent may be someone other than the Authorised HCEO as he is allowed to delegate to someone else to enforce for him. The attending Agent must also hold a Bailiff Certificate.

 

I have not had time to go over the thread advice today but, if you have a gargage or outbuildings that are detached from your dwelling he is also allowed to break entry to those and take control of any goods within.

Edited May 2, 2015 by ploddertom
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[Daniellexx]

Thank you wonky donkey,

 

Doesn't need to be certified? So can just be a random self employed bully boy?

 

So if he scales my fences (even though there are dog signs up) and he gets attacked by my dog, I can't be held accountable can I? (I have an English bull terrier)

 

Yes they are detached, but none of my contents are in there, plus they are all tools of trade.

[wonkeydonkey]

Now to the Writ........a writ lasts for 12 months. thereafter the creditor can for a small charge, seek to renew it as many times as they feel it neccessary. The writ is obtained by way of the County Court Judgment and is made to the address on that Judgment, with that being the last known address of the debtor, as long as you are named correctly eg Mary Mary it will be valid.

[Daniellexx]

I understand that, thank you. We are into the 5th year if the original judgement, it's taken him this long to actually decide to ge a writ. So it makes no difference that the address is incorrect?

[wonkeydonkey]

Thank you wonky donkey,

 

Doesn't need to be certified? So can just be a random self employed bully boy?

 

The HCEO is appointed by the Lord Chancellor to execute writs allocated to him /her, he in turn is allowed to appoint an agent to act on his behalf in the execution of the writ, however he does so in full knowlege to the fact if things go wrong during the enforcement process...it is his/her head on block.

 

Most acting HCEO's are highly trained, some are freelance and others employed by the company to which the HCEO is attached

 

So if he scales my fences (even though there are dog signs up) and he gets attacked by my dog, I can't be held accountable can I? (I have an English bull terrier) You could be accused of having a dangerous dog!!

 

Yes they are detached, but none of my contents are in there, plus they are all tools of trade.

They could take tools of the trade and seek you make a claim to them.!!

[Daniellexx]

Thank you for clearing that up, much appreciated.

 

Even though they aren't mine? - surely that would be clear that these sort of tools wouldn't belong to me.

 

Does this sort of thing happen a lot, or would it not be worth their time, knowing I'm on benefits and won't have anything of worth and even tools (that's aren't mine) wouldn't be of that amount of value

[wonkeydonkey]

I understand that, thank you. We are into the 5th year if the original judgement, it's taken him this long to actually decide to ge a writ. So it makes no difference that the address is incorrect?

 

If you have been traced to your current address and are the debtor named on the writ it will not invalidate things.

[Daniellexx]

Oh dear accused of having a dangerous dog! - well don't climb over fence and not expect ANY dog to defend his territory, regardless of the breed.