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    • ouch you really have been flying kites here and letting the claimant control things. it is worrying that the sheriff has tried several times to nail you about this (factious) payment,  but its also lucky and interesting to see he has not shut the door on your new issues . typically the situation you see yourself in, is one that we put the claimant in by our std defence (that you are reading now)    i think a bit of crawling is now in order( for want of another word) and it needs to be made 1000% clear to the sheriff ( even if by a little white lie) that it transpires there most probably never was any settlement made to HBOS by the ex   some vague explanation that he has confirmed he never did, and bring in the fact that he is a currently deployed by the UK military forces abroad we believe and communication has been to put it politely very difficult due to the nature of his deployment..it might also now be time to mention the mental issue ( with proof) , your daughter suffers from and how these obviously contributed to the situation and p'haps of being thus exploited by the EX whom if one were to be honest m'lud, is a bit of what someone would describe 'as a rouge'.   then your defence focus needs to switch to  (a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, that this claim is based on. (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand/Recall Notice and Notice of Assignment. © Provide a breakdown of the excessive charging/fees levied to the account with justification. (d) Show how the Claimant has reached the amount claimed. (e) Show how the Claimant has the legal right, either under statute or equity to issue a claim. (f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.   particularly a.b.c. explaining in concise but brief detail why each if not produced , is fatal to any enforcement of an OD debt claim   have you yet included  The court will be aware that penalty charges and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.   in anything to the court to date.        
    • Re a possible s75 claim - is your Amex card a credit card?  I ask because it certainly used* to be the case that some American Express cards, although commonly described as credit cards, were actually charge cards (where you had to pay the whole of the outstanding balance at the end of the month) and were not credit cards - and therefore not eligible for s75 claims.   *  I suspect that these days all AmEx are credit cards, but you might want to check to be sure.  If it isn't a credit card you might want to consider what you use it for.
    • In reply to your earlier message, the payments were made regularly to the S/C and A/C that I provided.  The payment was always made to this account for the card using the PAN number, however the error payment was made without any reference to the same. Lloyds bank changed the reference number from the PAN of the card to 2686XXXX not sure who changed it to this if it was Lloyds or Lowell or when it was changed.  Then subsequently Lowell changed the A/C number again to their one that they quoted on the POC.    All I can ascertain is that the payment was made from Santander to the A/C above in error but after Lloyds had sold the Debt and Assigned it elsewhere. However, according to Santander the payment was made with no REF number sent with the payment.   I also received the order from the court yesterday which I have attached. There are several items that the court is asking to have for the hearing but haven’t had anything from the Claimant.   What is the best next course of action as the court is asking that we attempt to resolve this before the hearing?   Court Order.pdf
    • Car value apparently £2200. ( post #3 )   Car hire possibly £3000.   Wonder why the third party Insurers Admiral are refusing liability to pay !   Not sure ths is really about who is at fault for the accident, but is more to do with AX and their expensive courtesy car.   Pretty sure this claim would have been settled by Admiral, had the Sister dealt with this claim not using AX.   Think that a complaint to AX should be made, but possibly after sending them an SAR to request all information including any phone call recording where any courtesy car was discussed.    
    • Hi again, just a quick update.   The collection has been arranged for tomorrow, 6th March, the refund will apparently be processed after collection is done and should be completed within 5 working days.   Will let you know when it's completed...    
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Wages overpayment - ignored everything - now bill is X2 & HCEO's at my door - help

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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.


Any advice I give is honest and in good faith.:)

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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.



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.





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:



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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:



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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.

We could do with some help from you.



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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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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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outside stuff or stuff in sheds etc.




please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • dx100uk changed the title to Wages overpayment - ignored everything - now bill is X2 & HCEO's at my door - help
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