Shergroup HCEO Notice of Enforcement - Co-op funeral debt CCJ

[JDC68]

Hi

 

Thank you for allowing me to post on your informative website.

 

I am after some advice please.

 

A CCJ was entered against me, mid May this year for £2300.

 

I’m not disputing that I don’t owe this money.

 

I have received a notice of enforcement from Shergroup Enforcement telling me that if I don’t contact the by 5pm on the 23/6 I can expect a visit at home.

 

The letter only arrived this morning.

 

What should I do if they turn up.

Obviously I won’t answer the door to them or sign anything.

The property belongs to a housing association.

 

I have a car but it is on finance but I’m guessing to be on the safe side I should hide it.

 

I have two vulnerable children at home both under the age of 16.

 

I will be able to clear the debt in full in a couple of months.

 

Thanks

J

[dx100uk]

who got the CCJ [the claimant]

and whats the debt about please

[JDC68]

The claimant is the midcounties co-operative ltd.

The debt is for an unpaid family members funeral. (Not good I know..... it’s a long story. Hope that is not too outing).

Thanks

J

[dx100uk]

aw shame was there not enough money in their bank a/c to pay the funeral?

 

anyway you need to contact the bailiff and arrange suitable payment arrangements within the 7days

are they operating as HCEO here, I suspect they are?

[JDC68]

No. There were no funds in their bank account.

Yes I can contact them

Just wondering what I should do if the high court enforcement officers turn up.

Thanks

J

[dx100uk]

don't let them in

theres no right of forced entry.

[dx100uk]

thread title updated

 

how olds this CCJ?

 

I was wondering if you could do an n245 like here

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?485118-Funeral-Debt-Ccj-adding-interest-daily

[JDC68]

The ccj is from 17/5/18.

As I said I should be able to pay the debt off in full by mid/end of July as the deceased’s property will be sold.

Thanks J

[dx100uk]

not sure exactly which direction to go:

 

ring shergroup and tell them that [and that you are going for an N245]

 

ring the court an tell them it will be paid by xx date and what do they recommend?? N245?

 

or both?

[ploddertom]

What date is on the Notice of Enforcement you have received?

Do you still have the envelope it came in?

If so how was it posted?

 

I note what you say about making contact and will suggest if no contact made by tomorrow they could well turn up on Sunday.

Do not let them in they have no right of entry regardless of anything they may say.

 

In the meantime you need to download and fill in an application for a Stay of Execution against the Writ.

 

Depending on answers above will give grounds for application.

It does appear you will have no grounds to have the matter Set Aside but could go for a Variation allowing you to pay at a reasonable rate without all their fees.

 

They will be looking at payment in full only and may not entertain a voluntary payment plan.

Edited June 22, 2018 by dx100uk
Spacing

[ploddertom]

not sure exactly which direction to go:

 

ring shergroup and tell them that [and that you are going for an N245] - don't ring it will encourage them to attend

 

ring the court an tell them it will be paid by xx date and what do they recommend?? N245?

 

or both?

 

 

Possibly not much can be done at this time on a Friday.

[ploddertom]

If it isn't too much a sensitive issue when was the funeral & was it a very close relative?

[dx100uk]

Tnx pt

 

Dx

[ericsbrother]

what estate did they have?

estate is stuff like property, cash, stocks and shares, important works of art or collections. It is not stuff like furniture or other effects, personal jewellery car and so forth.

 

Lastly why did it get to a court claim, funeral directors normally give people a year to cough up as the deceased is supposed to pay for their own funeral ( they all create a contract with the living though or people would do the dirty).

 

If they had an estate did they leave a will?

If not then unless you had permission from the govt it isnt your place to make decisions in this regard.

 

Hate to say it but bodies get left in mortuaries for a long time sometimes so unless you are the nearest relative you act of kindness has been misplaced and it has now come back to bite you and the other relatives shuld be ashamed.

[Will Goodfellow]

I note what you say about making contact and will suggest if no contact made by tomorrow they could well turn up on Sunday.

 

 

HCEOs cannot visit on Sundays or Bank Holidays.

[Will Goodfellow]

If they had an estate did they leave a will?

If not then unless you had permission from the govt it isnt your place to make decisions in this regard.

 

 

That would depend on the circumstances surrounding the deceased's estate. Your statement is certainly inaccurate and given the nature of the subject, unnecessary scaremongering.

[AndyOrch]

HCEOs cannot visit on Sundays or Bank Holidays.

 

Enforcement agents are permitted to enforce 7 days a week, except for Bank Holidays and Christmas Day.The time of visit will take place between 06:00 and 21:00

[Will Goodfellow]

Enforcement agents are permitted to enforce 7 days a week, except for Bank Holidays and Christmas Day.

 

 

The Taking Control of Goods Regulations 2013 states any day of the week but the Taking Control of goods National Standards while not legally binding states "Enforcement agents should be respectful of the religion and culture of others at all times. They should carefully consider the appropriateness of undertaking enforcement on any day of religious or cultural observance or during any major religious or cultural festival" which arguably covers Sundays being a day of religious observation as that is why Bank Holidays and Christmas Day are considered to be inappropriate.

[ericsbrother]

show me where this is wrong,

a person has to apply for a grant of representation.

 

If there is no estate then nothing to administer but the law is fixed on how things are done and who gets what.

 

As for scaremongering,

i am trying to point out that they may have not been liable for the debt in the first place and as an addition to that it may be possible to get the CCJ set aside on the grounds that they arent liable for the debt but the actual next of kin.

that person or persons is also determined by law and also the pecking order.

 

That would depend on the circumstances surrounding the deceased's estate. Your statement is certainly inaccurate and given the nature of the subject, unnecessary scaremongering.

[GrumpyToSayTheLeast]

Enforcement agents are permitted to enforce 7 days a week, except for Bank Holidays and Christmas Day.The time of visit will take place between 06:00 and 21:00

 

We can enforce on bank holidays.

And you are correct on 6am to 9pm OR normal trading hours if a business.

[GrumpyToSayTheLeast]

HCEOs cannot visit on Sundays or Bank Holidays.

 

Yes they can.

[sgtbush]

HCEOs cannot visit on Sundays or Bank Holidays.

 

 

 

Yrs they can, law was changed around 3 yers ago

[GrumpyToSayTheLeast]

ericsbrother said:

what estate did they have?

estate is stuff like property, cash, stocks and shares, important works of art or collections. It is not stuff like furniture or other effects, personal jewellery car and so forth.

 

Lastly why did it get to a court claim, funeral directors normally give people a year to cough up as the deceased is supposed to pay for their own funeral ( they all create a contract with the living though or people would do the dirty).

 

If they had an estate did they leave a will?

If not then unless you had permission from the govt it isnt your place to make decisions in this regard.

 

Hate to say it but bodies get left in mortuaries for a long time sometimes so unless you are the nearest relative you act of kindness has been misplaced and it has now come back to bite you and the other relatives shuld be ashamed.

 

Yes thats correct, we see time and time again where family arrange the funeral for a deceased relative where the estate of the deceased had no funds or assets. The relatives or even the friends that organise it then pay for the funeral.

 

Best bet would be to ring the EA(ask the office for his number). Ask him to come round to assess your circumstances.

Show him the car finance details, he wont have an interest in that then.

If you have little to no goods of value in the house, then there will likely be nothing for him to do but look to set an arrangement with you.

Feel free to refuse him access. Its your right to do so.

But if you are confident you have nothing of resale value in the house, then its not an issue as he probably wouldnt even threaten a removal.

[ploddertom]

show me where this is wrong,

a person has to apply for a grant of representation.

 

If there is no estate then nothing to administer but the law is fixed on how things are done and who gets what.

 

As for scaremongering,

i am trying to point out that they may have not been liable for the debt in the first place and as an addition to that it may be possible to get the CCJ set aside on the grounds that they arent liable for the debt but the actual next of kin.

that person or persons is also determined by law and also the pecking order.

 

 

Unfortunately the person who arranged this is the one responsible.

[Will Goodfellow]

show me where this is wrong,

a person has to apply for a grant of representation.

 

If there is no estate then nothing to administer but the law is fixed on how things are done and who gets what.

 

As for scaremongering,

i am trying to point out that they may have not been liable for the debt in the first place and as an addition to that it may be possible to get the CCJ set aside on the grounds that they arent liable for the debt but the actual next of kin.

that person or persons is also determined by law and also the pecking order.

 

 

If a person arranges the funeral of a deceased person and agrees to a contract to provide that service, that person is then liable for the debt. Voluntarily paying for a funeral has nothing to do with a grant of representation, it is a separate issue from administering the estate. Yes, the funeral cost could have been met from any equity in the estate but that did not happen.