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    • I've inserted their poc re:your.. 1 ..they did send 2 paploc's  3. neither the agreement nor default is mentioned in their 2.        
    • Hi Guys, i read a fair few threads and saw a lot of similar templates being used. i liked this one below and although i could elaborate on certain things (they ignored my CCA and sent 2 PAPs etc etc) , am i right in that at this stage keep it short? If thats the case i cant see what i need to add/change about this one   1)   the defendant entered into a consumer credit act 1974 regulated agreements vanquis under account reference xxxxxxx 2)   The defendant failed to maintain the required payment, arrears began to accrue 3)   The agreement was later assigned to the claimant on 29 September 2017 and notice given to the defendant 4)   Despite repeated requests for payment, the sum of 2247.91 remains due outstanding And the claimant claims a)The said sum of £2247.91 b)The interest pursuant to S 69 county courts act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £xxxx, but limited to one year,  being £xxxx c)Costs   Defence:   The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   2. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   3. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments. 4. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.   5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   6. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  
    • i understand. Just be aware I am prepared to take some risks 😉
    • Thanks Tnook,   Bear with us while we discuss this behind the scenes - we want you to win just as much as you do but we want to find the right balance between maximising your claim without risking too much in court fees, and in possible court costs awarded to the defendant bank.
    • Tell your son and think on this. He can pay the £160  and have no further worries from them. If he read POFA  Scedule 4 he would find out that if he went to Court and lost which is unlikely on two counts at least [1] they don't do Court and 2] they know they would lose in Court] the most he would be liable to pay them is £100 or whatever the amount on the sign says. He is not liable for the admin charges as that only applies to the driver-perhaps.If he kept his nerve, he would find out that he does not owe them a penny and that applies to the driver as well. But we do need to see the signage at the entrance to the car park and around the car park as well as any T&Cs on the payment meter if there is one. He alone has to work out whether it is worth taking a few photographs to help avoid paying a single penny to these crooks as well as receiving letters threatening him with Court , bailiffs  etc trying to scare him into paying money he does not owe. They know they cannot take him to Court. They know he does not owe them a penny. But they are hoping he does not know so he pays them. If he does decide to pay, tell him to wait as eventually as a last throw of the dice they play Mister Nice Guy and offer a reduction. Great. Whatever he pays them it will be far more than he owes as their original PCN is worthless. Read other threads where our members have been ticketed for not having a permit. [We know so little about the situation that we do not know if he has a permit and forgot to display it. ]
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Good evening all.

I will try and be as brief as possible but I would like some advice on the following.

 

I left my ex employer on 18th December 2015, working no notice.

7 weeks to the day later I get a letter from them saying I owe them just under £500

as I had infact been paid up until the 31st December.

 

 

I queried this and requested other documents from them to which I never received.

They got another company involved in trying to claim this money back.

I was taken to court and obviously court costs were added on top.

I never paid that,

 

 

I had a letter through dated the 20th May saying I owed them £805

and need to contact them within x amount of days or they will send the HCEO out to my address.

 

 

I called them with 4 days to spare to explain that I would like to setup a payment plan,

but the rather rude lady on the phone said I need to let the time expire and await a visit from the HCEO.

The bill at the 2 June was £805 owing.

 

 

I got home tonight and have had a letter posted through my door

and it states that I now owe £1600!?!? and failure to pay will result in me owing in excess of £2600.

I have tried to call the HCEO but it rings through to answerphone on every occasion.

 

How can the fine more than double in a matter of 6 days? Is this allowed?

 

I really need some assistance, I am trying not to get stressed out over this as when I do, my health drops.

 

And before people say,

Yes I should have paid in the first place,

but I had/have valid reasons as to why I didn't agree with the overpayment.

 

Thank you in advance.

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I have asked a moderator to move your query to the main bailiff section.

 

Thread moved.


 
 

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I am just looking over the paperwork again and have read a section that states: you must pay by cleared funds only, or agree a payment arrangement with the enforcement agent by 2nd june 2016.

 

Well when i spoke to andrew wilsons on 28th may to come up with a payment arrangement they claimed i couldnt do anything until after that date and had to wait for a HCEO to visit my address.

 

Then in the next paragraph it says that if the sum remains unpaid or have not agreed a payment i may be charged extra costs.

 

I never got the option to make payment arrangements?

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What documents did you ask for and would they have helped to reduce or remove the £500 the company said you were owed-holiday pay for example. I assume you did not go to Court?

 

Once you get HCEOs involved, unless you can pay the whole amount at once, the sad practice is that in order to come to a payment arrangement an HCEO must by Law visit you thus incurring you in further fees.

 

We do have people on here who have a very good knowledge of HCEO fees as these look rather higher than I would have thought for the size of your initial debt after the Court costs were added.

If you didn't go to Court it may be especially if you feel that you have a good reason why you do not owe the original £500 it may be that be able to get a stay of execution from the Court-it is difficult to achieve and others on this forum could give you more advice.

 

Can I ask why you didn't pay when you lost the case and the Court ordered you to pay? And why do you think you should not have repaid the £500?

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Hi. No I didnt go to court. The documents I requested were my daily time sheets.

 

 

I was a van driver and we had to fill out a timesheet everyday.

 

 

Due to the hours I was working I believe that I was receiving less than the minimum wage,

but couldnt prove it as they never supplied me with them.

 

 

And the reason I didnt pay the courts - clearly I was stupid

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I have just spoke to the HCEO. I queried the outstanding balance and he says its down to court costs and their fees? I never thought of asking for a breakdown of them but in all £915 has been added. On my claim form it states that court costs and solicitors fees come upto £100. He says I have 24 hours from his first visit to sort out a payment or they will seize goods. I really need some advice on this so any would be greatly appreciated.

 

Thanks

Edited by sergeantcookie

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Every single day, without fail, I receive a similar enquiry to yours. Being brutally honest, my personal opinion, is that fees for enforcing CCJ's via the High Court need to be seriously looked at.

 

Without fail, all companies appear to routinely charge both the Stage One and Stage Two fee when visiting the property (with some attempting to also charge the 'sale stage' fee). The High Court industry, in charging these fees, is not helping themselves one bit given that they are desperately wanting the government to amend legislation to enable them to enforce 'lower value' debts (under £600) and to enforce debts under the Consumer Credit Act. Without the support of the 'advice sector' they will struggle to get such agreement.

 

The fee structure is slightly complicated and to understand it better, you need to read section 7.3 of the Explanatory Memorandum supporting the Taking Control of Goods (Fees) Regulations 2014. This states as follows:

 

 

7.3 While the fee structure applies across debt streams, there are two separate fee levels – one for High Court Enforcement and one for non-High Court Enforcement, with the High Court level containing higher fees. This reflects the findings in the 2009 independent report that High Court Enforcement has a higher cost base due to the personal responsibility of a High Court Enforcement Officer (who has writs addressed directly to them) and the fact that they enforce higher value debts.

 

The personal liability of the High 
Court Enforcement Officer
has also necessitated the need for High Court enforcement to have first and second enforcement stages with the associated fees.

 

The fee structure for High Court cases also introduces an incentive to enter into, and adhere to, an affordable controlled goods agreement.

 

Unless a debtor pays in full at the compliance stage,
the enforcement agent is obliged to visit the debtor in every High Court case
in order to take control of goods, thereby triggering the first enforcement stage.

 

If the enforcement agent is then unable to enter into a controlled goods agreement (and has to take control of goods in another manner) or a debtor defaults on a controlled goods agreement, the enforcement agent
will be under an obligation to remove goods and therefore
the second enforcement stage fee
will also apply.

 

 

http://www.legislation.gov.uk/uksi/2014/1/pdfs/uksiem_20140001_en.pdf

 

Taking the above into consideration, you have clearly been charged the Stage One and Stage Two fees. Details of the fees can be read below:

 

http://www.legislation.gov.uk/en/uksi/2014/1/schedule/made?view=plain

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Hi. Thanks for that. I am at work and not able to read the attached links right now. So what should I do next?

 

Thanks

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The 'governing body' that represents all High Court enforcement companies is the High Court Enforcement Officers Association (HCEOA). Their website is very informative and explains the fee scale in more detail:

 

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

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In relation to the seizure of goods, the only things of any value are a 13 year old ford fusion and a tv. The washing machine and dishwasher are the landlords. The fridge freezer is mine and is around 8 years old.

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In relation to the seizure of goods, the only things of any value are a 13 year old ford fusion and a tv. The washing machine and dishwasher are the landlords. The fridge freezer is mine and is around 8 years old.

 

In which case, the High Court company have a problem and not you.

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So what should be my next plan of action?

Don't let him in to your home, he has no right of entry to domestic premises. You might be able to Stay the writ, one reason being you cannot afford the fees charged, and you are applying for a variation order. Other Caggers will know more like wonkeydonkey and ploddertom.


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Who are we dealing with here - sounds a lot like one of the mickey mouse HCEO outfits?


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Andrew wilson. I have just spoke to a company and he reckons the fees are possibly so high as it has gone to ccj status??

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I'll be back later this evening as have an idea or two.


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In relation to the seizure of goods, the only things of any value are a 13 year old ford fusion and a tv. The washing machine and dishwasher are the landlords. The fridge freezer is mine and is around 8 years old.

 

 

 

In which case, the High Court company have a problem and not you.

 

As you owe the monies both Set Aside & a Stay will probably be refused

which would be throwing good money down the drain.

 

 

The attending Agent can add all the fees he likes but if he cannot take control of any goods then he is royally screwed.

He may only gain entry by peaceful means and it would be a seriously bad idea to allow him in.

Time is money for these people and providing you can put up with the visits

my view would be to totally ignore him.

He will eventually go away when he realises nothing is forthcoming and return the Writ to the Claimant.

 

 

If you ask how long this will take then the answer is how long is a piece of string

- I would hazard a guess at 4 or 5 visits,

 

If the Writ is returned then the Claimant can employ another HCEO

or choose another method of enforcement.

Personally I think they should take the time to enter dialogue with you.


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It is not an easy thing to do as some can be quite persistent with constant knocking and banging on the door.

They will have you believe they can do this that and the other and can be very economical with the truth.

 

They will have you believe they can force entry but fail to tell you they must have had peaceful entry previously.

Beware them asking to use the loo, have a drink for their pills etc etc

- all designed to trick you into letting them in.

 

You may have to sustain a siege mentality for a while making sure all external doors are locked at all times

- gone are the days when they could climb through windows.

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I didnt realise that they cant force entry if they havent been in before. I was under the impression that they can just come and break in after so long?

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Ive just listened back to the recording of my call with the HCEO and he says I have 24-48 hours to sort it out before they come back and start seizing my assets

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outside stuff or stuff in sheds etc.

 

 

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