Help with HCEO PRE new rules & charges please

[helpplease1970]

HI All,Any help would be appreciated. I'll try to be brief.In Aug 2013 a HCEO turned up unnnounced at my house while I was work. He left paper work levying on a vehicle which does not belong to me. I accept that I owe the debt (disagreement with insurance company and a vet over the fees, got a bit out of hand!) I asked him by phone, text and email to give me time to sort it out with the insurance company. I gave him the insurance company details to speak to them. A couple of weeks later (even though I had kept him fully informed of what was going on) he, or another HCEO, came out again unexpectedly while I was at work, and levied on another vehicle also not belonging to me and adding another £1000 to the fees (incl VAT) Neither vehicle was taken. Nothing else was levied on, he did not enter the house, the value of either vehicle would be way above the value of the debt (£900 excl fees) I offered a small monthly payment and this was accepted.I need to get the debt satisfied so I offered the original creditor full payment and I would sort the fees out with the bailiffs. They checked this with the bailiffs and refused saying all payments had to be made to the bailiffs and not direct. In total the bill incl fees & VAT ended up being £2700 From internet searches I am wondering Is there any way to discard any of the fees? Are they legal? Do they have to have used my full name (including middle name) is there anything else I haven't found?

[doggone it]

Have you asked for a full breakdown of the fees charged?

[helpplease1970]

Have you asked for a full breakdown of the fees charged?

Yes

 

12-08-2013 12 Accounts Management Fee £121.00

12-08-2013 12 Administration and Compliance Fee - £282.30

03-09-2013 6.2(b) Auction Inventory Fee £72.46

03-09-2013 4 Making Enquiries Fee £4.00

03-09-2013 1 Percentage Fee £24.97

03-09-2013 3 Seizure of Goods Fee £2.00

03-09-2013 12 Case Allocation Fee NOS £12.10

03-09-2013 2 Mileage Fee £50.00

03-09-2013 12 Attendance to Seize Goods Fee £181.50

05-09-2013 12 DVLA Vehicle Check Fee - £15.00

13-09-2013 12 Removal Administration Fee - £145.20

13-09-2013 12 Case Allocation Fee ATR £12.10

13-09-2013 5.3(a) Attendance to Remove Fee £505.10

30-10-2013 12 Debit Card O/L Fee - £2.08

Totals £1,429.81

 

so with VAT £1715

[ploddertom]

Following on from what doggone it has suggested. Did you ever inform them the vehicles were not yours? Did they belong to another member of the family or someone totally separate? The correct procedure for arguing fees is a detailed assessment but you have to know what you have been charged & when so you have something to argue against. The danger of this is that you could end up with more fees/costs being awarded against you should your application fail.

 

As for paying the creditor direct, they will have signed a contract that says any monies paid direct are to be passed over to the HCEO as the creditor can be held liable for all fees if they do not. Have you previously applied for either a Stay of Execution or a Variation Order?

[ploddertom]

 

Have you asked for a full breakdown of the fees charged?

 

 

 

Yes

 

 

Are there any more since 30-10-2013? Has the Writ been renewed?

[helpplease1970]

Following on from what doggone it has suggested. Did you ever inform them the vehicles were not yours? Did they belong to another member of the family or someone totally separate? The correct procedure for arguing fees is a detailed assessment but you have to know what you have been charged & when so you have something to argue against. The danger of this is that you could end up with more fees/costs being awarded against you should your application fail.

 

As for paying the creditor direct, they will have signed a contract that says any monies paid direct are to be passed over to the HCEO as the creditor can be held liable for all fees if they do not. Have you previously applied for either a Stay of Execution or a Variation Order?

 

I dont want to spend more money and potentially incur a lot more charges. I told them at the time and I told them recently that they couldn't charge me for levying on vehicles that aren't mine. They charged me for DVla check so must know. They said tough.

 

I have not applied for either. I need the cert of satisfaction. If the fees are valid I will pay them

[helpplease1970]

Are there any more since 30-10-2013? Has the Writ been renewed?

That was the breakdown they sent me in march this year. How would I know if it has been renewed?

[ploddertom]

You can ring the QB Enforcement Section on 020 7947 7772 to check the current status of any Writ. It sounds to me as if they are the last dates that any action took place they could be on a sticky wicket, I'll have a closer look later on.

[helpplease1970]

You can ring the QB Enforcement Section on 020 7947 7772 to check the current status of any Writ. It sounds to me as if they are the last dates that any action took place they could be on a sticky wicket, I'll have a closer look later on.

What is the effect of the writ bein expired?

[ploddertom]

If the Writ has expired then no enforcement action can be taken or charges made & those already in existence will also expire.

[helpplease1970]

Does anyone have any info on whether I can be charged for the levies on the vehicles?

[ploddertom]

Did you get my PM from a couple of days or so ago as that may answer some of your queries.

[HCEOs]

The fees can be challenged in court via a detailed assessment but as with most court proceedings you expose yourself to costs if you lose.

 

In the first instance it is always better to try and negotiate fees with the HCEO.

[helpplease1970]

I have tried to discuss the fees with them, they must know they can't charge these amounts, but they just say tough and refuse to discuss it any further

[Bailiff Advice]

I note that ploddertom sent you a private message a couple of days ago. He is the expert when it comes to judgments transferred up to the High Court .

[helpplease1970]

Ive tried to ring the QB enforcement section, it just rings and rings and then after 15 mins goes dead. Does anyone know if that is normal? If the writ has expired and I have the certificate of satisfaction is there anything else they can do?

[HCEOs]

Unfortunately like many courts the QB section in understaffed.

 

Also, if there are sums outstanding then you shouldn't have a certificate of satisfaction.

 

The HCEO will be able to advise if the writ is still live. Unlike writs issued after April 2014, this writ is not extendable by virtue of a broken payment arrangement. However, if it has lapsed the creditor may decide to renew it to protect their position should you stop paying.

[helpplease1970]

The HCEOs don't appear to be the most honest people, as far as I can see, so I can just imagine how that conversation is going to go:ME: Is the writ still valid?HCEO: No, it has expired, please don't pay us any more moneyI made a payment direct into the creditors bank account, sent the proof to the court and I have the certificate of satisfaction

[HCEOs]

You really need to find out if it is valid. If it is and you have mislead the court by not disclosing what was outstanding then the letter of satisfaction will be invalid. Until you have that answer it's difficult to advise further.

[helpplease1970]

I paid the amount as ordered by the Court. How could it be invalid?

[HCEOs]

Because if a writ was issued then there would be additional costs. Whether you agree with those costs is a separate issue but certainly some (including the execution costs) will be due and payable under the writ.

 

Did you notify the court that the matter had been transferred to the High Court for enforcement and of the sums that were being claimed?

 

As stated earlier, your first course of action is to understand whether the writ is still valid.

[helpplease1970]

Surely the court would know this? It's all under the same case number. The cert says including any interest, it does not say including any enforcement charges

[wonkeydonkey]

Surely the court would know this? It's all under the same case number. The cert says including any interest, it does not say including any enforcement charges

 

Until you can ascertain if there is a valid writ you are going to go around in circles,

 

Here's the email address for the Enforcement section - just close any gaps up as site software inserts them - [email protected]

[helpplease1970]

Well, I emailed them, they have replied and said "please contact the county court where you made your claim"MY claim??? Now what?

[ploddertom]

What did you ask them?