Executed expired writ - can I take any action against HCEO?

[garynansome1 1]

Hi All

 

Summary:

- I've had an agreement set up for 12 months with no issues from a debt.

 

- Visited on 3rd August 2016 while on holiday by a HCEO,

no 7 day warning in writing.

Asked confidential questions to my neighbour

 

- Visited again last Friday 12th at 06:45 am,

again no 7 day warning in writing

 

- He showed no ID, I let him in to stop any embarrassment

and to genuinely sort out some confusion as a payment plan has been in place for over 12 months with no issues.

 

- Outstanding amount before entry was £358 (oringal writ amount £2305.56), he demanded £1483.11

 

- Gave me no opportunity to speak with anybody from the claimants office

 

- Served a writ - I didn't read it properly as I was in a panic with my daughter in the house

 

- I had 1 option to pay in full, without hesitation and with no inventory made he grabs my car keys

 

- We panic and pay the full amount £1483.11 with a credit card

 

He leaves, leaving a trail of utter despair and emotional distress.

 

I called the relevant parties at 09:00 the same day,

the HCEO office decides to refund me £970 within 1 hour (when I mentioned the writ below)

- Saying 'we dropped the ball'

(the claimant and HCEO had no communication or understanding of my debt and the actual correct figures owed)

 

From researching the past 3 days:

 

- The writ was dated 28th May 2015 (expired) I never checked it.

I've called the court who issued it and they confirmed it expired and was never renewed.

 

- The actual HCEO who attended seemingly has no certificate according to the register

 

I have made a formal complaint in writing

but wanted to know if there is any consequence for a HCEO enforcing an expired writ?

 

 

Also when a HCEO has no certificate?

...Can I take action?

 

Appreciate any guidance.

Thanks,

garynansome

[BankFodder 2,103]

Please can you give us more details of the HCEO and who he claimed to be working for.

Who are the creditors?

 

Apart from anything else, I would be looking at the possibility of a chargeback

[garynansome1 1]

Thanks for the response BankFodder.

 

I'm currently waiting for a formal response from them so a little reluctant to provide the company details yet (the HCEO are VERY well known)

 

When it comes to a charge back, they did already refund the majority of the payment on the same day, they do still owe £109. Doing a chargeback may cause issues? The debt is now paid in full.

 

The creditor never instructed them to take action against me on the 3rd or 12th August only on May 28th 2015 when the writ was created. This is when a successful payment plan was set up and was being paid. The writ then subsequently expired 28th May 2016 and was never renewed.

 

I feel I've been mistreated and would like to take action against both the HCEO' Firm and the HCEO, not sure where I stand where seemingly it looks as if they have acted illegally and not within their Code Of Conduct?

 

Some may want to leave it as its paid but I'm very unhappy as it has caused so much distress.

[ploddertom 2,673]

Let me try this and don't hesitate to correct me if wrong.

 

For whatever reason you ended up with a CCJ. Following non payment the Claimant instructed a HCEO to collect payment - did you make the payment arrangement with the Claimant prior to hearing from the HCEO or as a result of a letter from the HCEO? Subsequently you stuck to the payment arrangement - who were you making payment to? How much had you paid & do you know how much of this was passed to the Claimant?

[garynansome1 1]

Ploddertom:

 

Correct, I then never heard from the claimant, only from the HCEO by telephone after the CCJ which was when an agreement was set up to pay £150 per month after an initial £500 payment. There were no missed payments......UNTIL....

 

I had a call from the claimant (first contact in over 12 months) who were saying that I have missed payments. They claimed I had not made a payment since March 2016, this was incorrect. I called the HCEO and asked why they were not paying the claimant as they are chasing me. They denied this stating they were making payments. They both had different amounts owed. I then instigated questions on both sides and waited 1 month until they sort the discrepancy, nothing was actioned. Hence, August 3rd the first HCEO attended (without the 7 days notice by any means of communication). The claimant did not instruct them, the HCEO acted alone, apparently.

 

The original CCJ balance £2305.56 was cleared over 12 months to £358 (HCEO figure) - The claimants figure was £847. The systems were either not syncing or the HCEO were not making the applied payment. The HCEO then visited again on the 12th August with an out of date writ and took £1483.11.

 

I've requested lots of information from the HCEO and awaiting a formal response, they have 6 days left before I escalate. Wondered where I stand as the HCEO admitted 'they had dropped the ball'....

Edited August 16, 2016 by garynansome1

[ploddertom 2,673]

Ploddertom:

 

Correct, I then never heard from the claimant, only from the HCEO by telephone after the CCJ which was when an agreement was set up to pay £150 per month after an initial £500 payment. There were no missed payments......UNTIL.... That would be right as the Claimant would be relying on the HCEO to keep them up to date on progress.

 

I had a call from the claimant (first contact in over 12 months) who were saying that I have missed payments. They claimed I had not made a payment since March 2016, this was incorrect. I called the HCEO and asked why they were not paying the claimant as they are chasing me. They denied this stating they were making payments. They both had different amounts owed. I then instigated questions on both sides and waited 1 month until they sort the discrepancy, nothing was actioned. Hence, August 3rd the first HCEO attended (without the 7 days notice by any means of communication). The claimant did not instruct them, the HCEO acted alone, apparently. Each time you paid the HCEO only a portion of that payment would be made to the Claimant as they retain sums for their fees. The reason why the HCEO attended again without notice is that they were under a belief (wrongly as it turns out) you had broken the arrangement agreed previously - there is no need for them to give further notice when this happens.

 

The original CCJ balance £2305.56 was cleared over 12 months to £358 (HCEO figure) - The claimants figure was £847. The systems were either not syncing or the HCEO were not making the applied payment. The HCEO then visited again on the 12th August with an out of date writ and took £1483.11. The difference could be explained as the sum the HCEO still had - they usually hang on to monies for a certain length of time in case you become insolvent.

I've requested lots of information from the HCEO and awaiting a formal response, they have 6 days left before I escalate. Wondered where I stand as the HCEO admitted 'they had dropped the ball'....

 

It certainly does appear they have dropped the proverbial bo**ock which also appears to have acted in your favour. Fortunately the boot is on the other foot now if you have paid in full as you get the chance to request all information without the dreaded knock on the door. You say you have requested info from the HCEO - usually this is best done as a Subject Access Request as it should include a list ofwhat happened & when & for what.

 

There are not many who check the status of the Writ and it should be the Authorised HCEO who carries the can unless it can be shown the attending Enforcement Agent has overstepped the mark. If you have checked the register of Enforcement Agents did you also check for those who have just applied?

[HCEOs 394]

I've added some points and questions in red below...

 

Hi All

 

Summary:

- I've had an agreement set up for 12 months with no issues from a debt.

 

If that truly is the case then the EA should not be visiting.

 

- Visited on 3rd August 2016 while on holiday by a HCEO,

no 7 day warning in writing.

 

If the matter was already being dealt with via an arrangement there is no need for the 7 day Notice of Enforcement

 

Asked confidential questions to my neighbour

 

EAs should do anything that might embarrass the debtor. What was asked?

 

- Visited again last Friday 12th at 06:45 am,

again no 7 day warning in writing

 

Again no need for the 7 day Notice of Enforcement

 

- He showed no ID, I let him in to stop any embarrassment and to genuinely sort out some confusion as a payment plan has been in place for over 12 months with no issues.

 

The EA should provide ID at the door. I'm surprised you let someone in without showing any.

 

- Outstanding amount before entry was £358 (oringal writ amount £2305.56), he demanded £1483.11

 

You will need to clarify the fees he has charges as it sounds like Enforcement Stage 2 and Sale Stage may have been added.

 

- Gave me no opportunity to speak with anybody from the claimants office

 

The EA does not have to give an opportunity for this, he is there to take control of goods or receive payment

 

- Served a writ - I didn't read it properly as I was in a panic with my daughter in the house

 

A writ of control is not served as such, I presume you mean he handed a copy of it to you?

 

- I had 1 option to pay in full, without hesitation and with no inventory made he grabs my car keys

 

If the EA feels there is enough assets to satisfy the debt,potentially your car, then he is likely to request payment in full.

 

- We panic and pay the full amount £1483.11 with a credit card

 

Technically the EA has done his job and the judgment is now cleared for the creditor.

 

He leaves, leaving a trail of utter despair and emotional distress.

 

Again, the EA has recovered the debt in full. I'm guessing you could have paid the debt in full 12 months ago rather than making the creditor wait a year.

 

I called the relevant parties at 09:00 the same day,

the HCEO office decides to refund me £970 within 1 hour (when I mentioned the writ below)

- Saying 'we dropped the ball'

(the claimant and HCEO had no communication or understanding of my debt and the actual correct figures owed)

 

I'm not clear why this would be but if the claimant is sensitive to bad publicity and the EA has been aggressive in his application of fees then this might explain the sudden back track.

 

From researching the past 3 days:

 

- The writ was dated 28th May 2015 (expired) I never checked it.

I've called the court who issued it and they confirmed it expired and was never renewed.

 

If the writ was issued under the Taking Control of Goods Regulations 2013 then a broken arrangement will see the power of the writ automatically extended.

 

- The actual HCEO who attended seemingly has no certificate according to the register

 

The register is often out of date. You should request specific proof of his certification and more importantly who the authorised HCEO is (they should be named on the writ).

 

I have made a formal complaint in writing but wanted to know if there is any consequence for a HCEO enforcing an expired writ?

 

If the writ had expired then everything that happened was unlawful and you can essentially sue the authorised HCEO for damages. What those damages will be will depend on legal advice but they are never as much as people seem to think they will be.

 

Also when a HCEO has no certificate?

...Can I take action?

 

If that is the case it is a criminal offence for the person acting as an EA and again the authorised HCEO carries responsibility also. You can check the authorised HCEOs here: authorised HCEO Directory

 

Appreciate any guidance.

Thanks,

garynansome

[Bailiff Advice 3,274]

In relation the the comment by HCEO about the writ 'expiring'. The relevant regulation covering this is below.

 

 

Time limit for taking control of goods

 

9.—(1) Subject to paragraphs (2) and (3), the enforcement agent may not take control of goods of the debtor after the expiry of a period of 12 months beginning with the date of notice of enforcement.

 

(2) Where—

 

(a)after giving notice of enforcement the enforcement agent enters into an arrangement with the debtor for the repayment, by the debtor, of the sum outstanding by instalments (a repayment arrangement); and

 

(b)the debtor breaches the terms of the repayment arrangement,

 

the period in paragraph (1)

begins with the date of the debtor’s breach

of the repayment arrangement.

 

http://www.legislation.gov.uk/uksi/2013/1894/regulation/9/made?view=plain