News from the High Court Enforcement Officers Association (HCEOA)

[Bailiff Advice]

The following article is reported today on SCOOP

 

http://www.scoop.it/t/lacef-news

 

We are delighted to announce that our Group Director has been appointed the new Chairman of the High Court Enforcement Officers Association (HCEOA). Andrew Wilson takes the helm following a unanimous vote held by fellow Board Members at the Association’s AGM in May.

 

Andrew has been given the job of Chairman in recognition of his service on the HCEOA Board of Directors since 2004 and for his contribution to the Association as Vice Chairman for the last six years. The announcement comes as Andrew Wilson & Co has just completed its most successful year in our 16-year history.

 

As Chairman of the HCEOA, Andrew’s primary role will be to develop more work for High Court Enforcement Officers by encouraging the Government to remove the artificial barriers preventing High Court Enforcement Officers from enforcing Consumer Credit Act judgments, something that Andrew Wilson & Co customers have been pressing for, for a long time.

 

Andrew said: “I am looking forward to a busy few years, helping to drive the profession of High Court Enforcement Officers forward and expanding our market in line with the demands of our customers.”

 

Having worked in civil enforcement for many years, Andrew brings a wealth of experience to his new role. Andrew helped develop the business of Andrew Wilson & Co in 2000, as part of the Cerberus Group of companies, in anticipation of the industry’s shift from Sheriffs to High Court Enforcement Officers in 2004. Prior to this, he was a solicitor in private practice and Under Sheriff of Lancashire.

 

Amir Ali, Chairman of the Civil Court Users Association, said: “This is a welcome and long overdue appointment and I wish Andrew well in his new role. Andrew has been a leader in his field for many years and I am sure he will make a positive impact on the future of High Court Enforcement.”

 

 

 

http://www.andrewwilsonandco.com/andrew-wilson-appointed-new-chairman.html

[Bailiff Advice]

At the High Court Enforcement Officers Associations AGM last week, they unveiled their new website. Personally, I think that this is an excellent website and one that is very useful for debtors and advisors.

 

The following page (Have you been visited by a High Court Enforcement Officer) includes a very informative 'questions and answers' section:

 

https://www.hceoa.org.uk/faqs/have-you-been-visited-by-a-high-court-enforcement-officer

 

 

This page is one the I have bookmarked as it has easy links to access copies of the relevant statutory regulations:

 

https://www.hceoa.org.uk/regulatory-information

[mikeymack2002]

I saw this a few weeks ago and read up on it. There is one point though that is still of concern is that they still want to dress in as close to a Police Officer as they can. (Why dress like a Police Officer)? This is not appropriate is it?

 

 

But there again this document was published in 7/2012 so already out of date

[Bailiff Advice]

I saw this a few weeks ago and read up on it. There is one point though that is still of concern is that they still want to dress in as close to a Police Officer as they can. (Why dress like a Police Officer)? This is not appropriate is it?

 

 

But there again this document was published in 7/2012 so already out of date

 

I am confused MM. What document are your referring to as being out of date?

[ploddertom]

 

 

I am confused MM. What document are your referring to as being out of date?

 

 

 

It'll be a one provided by his new mates that tells a different tale. Or a spoof post probably made by me allegedly.

[mikeymack2002]

It'll be a one provided by his new mates that tells a different tale. Or a spoof post probably made by me allegedly.

DOHH

 

 

I am confused MM. What document are your referring to as being out of date?

ERR

 

 

This is the document posted on this thread >> https://www.hceoa.org.uk/images/content/documents/Code-Of-Practice.pdf The last words are 02/07/2012

[Bailiff Advice]

DOHH

 

ERR

 

This is the document posted on this thread >> https://www.hceoa.org.uk/images/content/documents/Code-Of-Practice.pdf The last words are 02/07/2012

 

MM. We have had far too many threads destroyed by your silly comments. This is another one.

 

I can see no relavance whatsoever to the link that you have posted from 2012.

[mikeymack2002]

ok baby steps here... I read this information from YOUR link not mine I agree it IS irrelevant but you posted it NOT ME.. Sorry if I offend you but this time it is not me.... If you publish links see what date they were put up that's all I'm outta here....

[ploddertom]

 

This is the document posted on this thread >> https://www.hceoa.org.uk/images/content/documents/Code-Of-Practice.pdf The last words are 02/07/2012

 

 

That isn't a thread on here but an old document posted on the HCEOA website. It is nothing to do with us here or anywhere else if the said organisation fails to update their site. It could be it has been forgotten about and if you are really concerned you should advise them accordingly.

[ploddertom]

What this thread is about is advising the HCEOA not only have a new website but also a new Chairman and anything prior to this happening bears no relevance - particularly something from 2012.

[Coughdrop]

Out of interest, why is it that HCEO's cannot enforce debts for consumer credit (other than obviously consumer credit debts are heard in the county court)? Is there any other reason?

[AndyOrch]

They cant enforce if it is regulated by the Consumer Credit Act.

 

This means HCEOs can’t enforce debts like credit cards, overdrafts, payday loans or personal loans. But they can deal with non-regulated debts such as utility arrears, business debts, tribunal awards or old rent arrears.

[Peterbard]

http://www.legislation.gov.uk/uksi/1991/724/article/8/made

 

Enforcement

8.—(1) A judgment or order of a county court for the payment of a sum of money which it is sought to enforce wholly or partially by execution against goods—

(a)shall be enforced only in the High Court where the sum which it is sought to enforce is £5,000 or more and the proceedings in which the judgment or order was obtained did not arise out of an agreement regulated by the Consumer Credit Act 1974(1

 

There was talk last year of this being revoked, not sure what happened but it wasn't.

[Peterbard]

Sorry CD you asked why.

It was because of a judgment : Forward Trust Plc v Whymark (1979, the JO was made in 1991

[brassnecked]

But the HCEO's are dying to get their claws onto CCA debt, if they did it begs the question of whether their higher fee scale would then apply to these debts?

[Coughdrop]

Sorry CD you asked why.

It was because of a judgment : Forward Trust Plc v Whymark (1979, the JO was made in 1991

 

Thank you - in very brief, a question of charging interest on interest, not a problem which could not easily be overcome. I've never really taken any interest in High Court enforcement issues, so it's been interesting reading a bit more about it, albeit rather one sided content so far.

[Peterbard]

I cme across this some time ago because of my interest in consumer credit post judgment interest being charged

[HCEOs]

If HCEOs were enable to enforce CCA debt you would see fees drop considerably due to the volume of enforceable work. As mentioned the Forward Trust Plc v Whymark raised the issue of interest on interest, something which any of today's systems can easily cope with and remove if necessary. It will come one day, but I'd guess 5 years from now.

 

mikeymack, the HCEOs you have seen are those from DCBL operating under Claire Sandbrooks (USA based) authority on the Channel 5 TV show. They know little of High Court. Thy did originally use proper Police outfits with the blue checks but after complaints they've removed the blue checks. It's not right in my eyes and it has led to them essentially misrepresent their powers by being let into property as they are perceived to be Police.

[Peterbard]

I think it is that the legislation permits the practice, rather than the actual likelihood of it happening, CCA judgment creditors rarely pursue post judgment interest in any case. Personally I think a slight adjustment to the CCA section 130 would do the trick, stating that if a creditor chooses to use the HCEO he would lose the right to reclaim contractual interest. Since the the move up would generally mean quicker resolution it would be an equitable answer, as the debt would generally have less time to draw interest.

 

I think however that there is a greater reason why there would be resistance to enforcement of consumer debts by HCEO.

Many would consider the modus operandi of the high court bailiff and the emphasis on recovering the whole debt in one piece would not be suitable for people who were in arrears because they could not repay the sum by installment.

 

Also some feel that the more aggressive practices employed, which may be wholly acceptable in the collection of business debts is not appropriate to the collection of costumer debts in general.

[Coughdrop]

Are there any figures for the percentage of debts recovered in full by HCEO's? I know it's their preference, and they are more aggressive, but they can't get blood out of a stone. Would the fee structure need looking at as well if HCEO's were permitted to enforce CCA debts, aside from the issue of interest?