HCEO - Advice needed.

[Daniellexx]

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

 

Ok great, I keep reading do many conflicting things. However, it's actually not my name on it either, it's my maiden name

[wonkeydonkey]

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

 

Yes it does happen and the rightful owner is then subjected to going through due process to show the goods belong to them. To be honest ..if you are seeking a way to prevent further enforcement then you should be looking to agree a payment plan either through the HCEO or the Court.

[Daniellexx]

Perhaps I think I'm thinking too much into it, I've already explained on the phone I don't have the means to pay, I will happily talk to them through a window, show them benefit letters, what else can be done, as ploddertom mentioned earler, they can't get bloody from a stone. I literally have nothing of worth, they can't come into the house to take control of anything either

[Daniellexx]

Yes it does happen and the rightful owner is then subjected to going through due process to show the goods belong to them. To be honest ..if you are seeking a way to prevent further enforcement then you should be looking to agree a payment plan either through the HCEO or the Court.

 

Thank you.

 

Yes I said I would agree a payment plan, however I do not think the creditor would agree to it.... So then what?

[wonkeydonkey]

Thank you.

 

Yes I said I would agree a payment plan, however I do not think the creditor would agree to it.... So then what?

 

It will be a 'take it or leave it' decision for the creditor, however they would be within their rights to seek a frequent review of your circumstances over however long it takes until the debt is satisfied.

[Daniellexx]

It will be a 'take it or leave it' decision for the creditor, however they would be within their rights to seek a frequent review of your circumstances over however long it takes until the debt is satisfied.

 

 

Thank you for your advice, it's very much appreciated.

 

If those chose not to accept it, would the HCEO then give it back to the creditor to do with it what he felt fit, and presumably charging him because he couldn't collect. Then it would be up to the creditor to instruct some other company to do the same if he wanted. Barring in mind that we are into the 5th year of original judgement.

 

You never know, he may accept the payment proposal

[ploddertom]

The Agent does not always have to pass your offer to the Creditor as a lowly offer can be turned down out of hand. As for a different address then it makes no difference as a HCEO may attend any address within England or Wales if he believes there may be goods belonging to the debtor that could be seized & sold to help satisfy the debt, however should he make a mistake in doing this then it could be very costly for him & his company. You mention it is all in your maiden name - was this the name you used at the time, unfortunately if you are the person concerned this would be deemed to be a minor error.

[Daniellexx]

The Agent does not always have to pass your offer to the Creditor as a lowly offer can be turned down out of hand. As for a different address then it makes no difference as a HCEO may attend any address within England or Wales if he believes there may be goods belonging to the debtor that could be seized & sold to help satisfy the debt, however should he make a mistake in doing this then it could be very costly for him & his company. You mention it is all in your maiden name - was this the name you used at the time, unfortunately if you are the person concerned this would be deemed to be a minor error.

 

Thank you ploddertom. Ok so if he refused it without speaking to creditor, then what would likely to happen?

 

Yes I have since married, and changed my surname since the judgment.

 

The fact of the matter remains, I really do not have the means to pay expect the offer I would give. With no assets either. So my main question I suppise is what what happen if they don't accept my free and they have nothing to take control of. Will they just keep coming back? But surely that will cost fees for them to do so, and if I'm not paying them, who is?

[mikeymack2002]

Daniellexx

 

 

You have asked the same questions over several forums and have been given the same advice on these. To cap your options as follows

 

 

1. Do nothing they may eventually go away and return the claim

2. Let them in to see you have nothing, they may return the claim

3. Admit the claim and pay

4. Complete the N245 and see if you can pay less over a longer time

5. Pay the claim over a period of time has implications of defaulting, more fees, plus you could lose your goods anyway.

 

 

These are the simple resolutions for you. On a point you stated you felt you did not owe the money, that was the time to issue a N244 but not now. Sorry for being blunt but asking the same questions a different way will see advice dry up for you that's all.

[Daniellexx]

Daniellexx

 

 

You have asked the same questions over several forums and have been given the same advice on these. To cap your options as follows

 

 

1. Do nothing they may eventually go away and return the claim

2. Let them in to see you have nothing, they may return the claim

3. Admit the claim and pay

4. Complete the N245 and see if you can pay less over a longer time

5. Pay the claim over a period of time has implications of defaulting, more fees, plus you could lose your goods anyway.

 

 

These are the simple resolutions for you. On a point you stated you felt you did not owe the money, that was the time to issue a N244 but not now. Sorry for being blunt but asking the same questions a different way will see advice dry up for you that's all.

 

I haven't asked any questions on any other forum art from this one? I don't understand why you have said I have?

 

So for the amount of questions, and sorry I don't understand, I'm just trying to find help with the best solution..... I thought that was what a forum was all about, not limited.

[mikeymack2002]

I apologise for the mix up some of us post on several forums and get mixed up sometimes as in this case. Sorry again.

 

 

Have you decided to go ahead with the N245 yet?

[mikeymack2002]

Can a High Court Enforcement Officer force entry into a Defendant’s property?

 

Entering a Defendant’s home is permissible provided that the occupant allows our High Court Enforcement Officers in. If nobody is there when they visit, we cannot enter. However, if the premises are commercial premises with no living accommodation attached, we can force entry if necessary.

 

 

 

 

If a Writ is unsuccessful, it is normally for one of the following reasons:

 

 

• The Defendant doesn’t reside or trade from the address given;
  
• The Defendant’s goods would raise insufficient value at auction to cover the costs of removal and sale.
  

 

 

The above quotes are from here

https://www.burlingtongroup.co.uk/about/high-court-enforcement-officers/#What%20goods%20can%20High%20Court%20Enforcement%20Officers%20take?

[Daniellexx]

I have just phoned the Burlington Group however, asking if they could send me a copy of the Writ, as I had already spoken to The court whom said I can get it from the HCEO. However, the Burlington Group have refused me this. First saying they didn't hold them there, then after me pressing her a little bit more regarding it, she then slipped up saying they do indeed hav them - miracle! - to which I said ok, that was my original questions and please can you email me a copy. SHe went off to ask her manager, and rther quick reply was no, they don't have to. I asked if the HCEO will have a copy when he arrives, and apparently he will.

 

 

Can they refuse me, why would they do this. They are still planning on visiting me, and charging me £575 to do so, even though I have said I will send them all the benefit documents via email now - she blatantly refused me. I just reiterated they will not be let in, and I will not be handing docuemnts out of a window.

[GrumpyToSayTheLeast]

Yes, the enforcement company is not a court itself so has no authority to copy and send out official court documents. The issuing combined court/high court WILL issue you a copy. Just any old county court or a different court to who issued the high court writ will refuse to give a copy as they wont have access to it so CANT give a copy.

[HCEOs]

In my opinion the HCEO company should provide a copy of the writ when asked to do so. It's their lawful authority to legally enforce so why refuse?

 

Whilst I don't have it to hand, I'm sure it covers this in the National Standards for Enforcement Agents.

[brassnecked]

In my opinion the HCEO company should provide a copy of the writ when asked to do so. It's their lawful authority to legally enforce so why refuse?

 

Whilst I don't have it to hand, I'm sure it covers this in the National Standards for Enforcement Agents.

It would show the HCEO was being correct and ethical, at least.

[ploddertom]

 

It would show the HCEO was being correct and ethical, at least.

 

 

Not something that should be mentioned in conjunction with Burlingtons.

[brassnecked]

Not something that should be mentioned in conjunction with Burlingtons.

Agreed not in their case.

[GrumpyToSayTheLeast]

In my opinion the HCEO company should provide a copy of the writ when asked to do so. It's their lawful authority to legally enforce so why refuse?

 

Whilst I don't have it to hand, I'm sure it covers this in the National Standards for Enforcement Agents.

 

I agree, and we get asked for copies all the time, but I think its the court themselves, not the EA or his company, that stipulate we are not allowed to copy a court document.

[GrumpyToSayTheLeast]

It would show the HCEO was being correct and ethical, at least.

 

In what way?

[brassnecked]

In what way?

 

It shows they have authority to enforce,

 

Now Grumpy, if a bailiff calls and a neighbour tries to intervene can the neighbour be done for obstruction? Especially if he goes after the neighbour's car?

[GrumpyToSayTheLeast]

That's what the enforcement agent certificate does. That's the authority to enforce.

The warrant tells the EA what type of enforcement needs to be taken.

 

Yes, the neighbour can(seen first hand) The law doesn't say only the defendant can be guilt of obstruction.

Anyone found to be obstructing can fall foul of section 68.

[mikeymack2002]

It shows they have authority to enforce,

 

Now Grumpy, if a bailiff calls and a neighbour tries to intervene can the neighbour be done for obstruction? Especially if he goes after the neighbour's car?

 

 

You know the EA cannot take control of goods belonging to a person other than the debtor. The EA can easily find out via their office whom the owner of the vehicle is.

[mikeymack2002]

Yes, the enforcement company is not a court itself so has no authority to copy and send out official court documents. The issuing combined court/high court WILL issue you a copy. Just any old county court or a different court to who issued the high court writ will refuse to give a copy as they wont have access to it so CANT give a copy.

 

 

It has been shown recently on TV for all to see that the EA/HCEO can and do carry the WRIT/WARRANT albeit in an electronic form. On this show the HCEO had a printed version as well as a digital version without the Court seal, the defendants Solicitor was there and demanded to see the WRIT in its true form with the seal on it. The HCEO then obtained a true copy....

[DragonFly1967]

I'm afraid to say that if I was the neighbour, and a bailiff (EA) tried to levy on my goods for someone else's debt, I'd bounce them all the way to the kerb. Consequences or not.