Wages overpayment - ignored everything - now bill is X2 & HCEO's at my door - help

[sergeantcookie]

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.

[Bailiff Advice]

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

[sergeantcookie]

Oh thanks. I didnt realise I posted it in the wrong section.

 

Apologies

[maroondevo52]

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

 

Thread moved.

[sergeantcookie]

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?

[lookinforinfo]

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?

[sergeantcookie]

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

[sergeantcookie]

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 June 9, 2016 by sergeantcookie

[sergeantcookie]

I will upload the letters a bit later for perusal

[Bailiff Advice]

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

[sergeantcookie]

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

[Bailiff Advice]

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

[sergeantcookie]

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.

[Bailiff Advice]

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.

[sergeantcookie]

So what should be my next plan of action?

[brassnecked]

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.

[ploddertom]

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

[sergeantcookie]

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??

[ploddertom]

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

[ploddertom]

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.

[sergeantcookie]

Thanks for the reply. just ignore them every time?

[ploddertom]

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.

[sergeantcookie]

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?

[sergeantcookie]

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

[dx100uk]

outside stuff or stuff in sheds etc.

 

 

dx