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Hi and firstly thank you for this forum it is extremely helpful.

 

My Dilema.

 

South East water debt equalling £2000 went to court enforcement services March 2017. I arranged a payment plan for the 16th of each month of £20 and have paid every month.

 

This month I paid on the 19th due to a payment taking time to get to me and thought all was ok as the online payment went through fine.

 

This morning 2 HCEO officers called and clamped our car.

 

I will fill you in on the car, last month on the 28th I sold my car to my Limited company as it was costing too much to run it so thought if the limited company owns it, it can pay road tax etc.. with us only paying tax on it. Obviously we have the green slip and also a receipt to the limited company.

 

The value of the car is around £1900 BUT it was a previous Cat C and has a bit of a noisy engine and some dents down one side so after assessing online thought I would sell for £450 to the company as I just thought it would be better as a company car and the online values was not far from this amount anyway.

 

I advised the HCEO of this and showed them the green slip and a receipt of sale (was paid cash) and even offered them the cash from the sale but refused.

 

They said as there was a Writ that my wife should never had sold the car in the first place but have never seen the car nor no warrant of control placed upon it. They also said they could sue her for selling it.

 

Even after notifying South east water and CES they still took the car.

 

Should they have taken it? is there anything I can do?

 

Many Thanks in advance.

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Short ans is no

Deprivation of assets applies here i think?


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Dx100uk Thanks for a fast reply, What do you mean ?

 

Just for clarification payment was made albeit a few days late but was unaware of any enforcement and the car was sold simply to keep costs down in repairs and running.

 

sorry to bump but forgot to add I received 2 pieces of paperwork one is a Notice after entry or taking goods and this shows :

Debt: £2009.85

Compliance Stage : £90.00

Enforcement Stage : 886.79

Expenses : -310

 

Total £ 2676.64

 

Then Another in the same envelope

 

Notice that goods have been removed for storage or sale

 

Debt : £2009.85

Compliance : £90.00

Enforcement Stage : £886.79

Sale Stage Fee : £692.99

Expenses : £ -310

Total : £3369.63

 

This is the first time they have ever made a visit.

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Did you tell the HCEO payment was going to be late? because the date you agreed would be the date CLEARED payments would have to reach them. If you didnt notify them and the date passed, then they would think that you stopped paying, so enforcement action would continue.


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Unfortunately not I tried to call them but this particular company is really hard to get hold of.

 

They did accept the payment and showed nothing outstanding.

 

I accept enforcement action would go ahead I really do but for them to take a car belonging to a limited company and detrimental to business use with proof of sale.

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Sounds like transfer of assets to avoid fine to me, unfortunately

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Sounds like transfer of assets to avoid fine to me, unfortunately

 

I can see how it looks but it was not the case, I thought everything was fine as I made the payment, I did not expect them to visit at all.

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Did you pay on time, in cleared funds?

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unfortunately not it was 3 days late

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Then you have to expect the visit to enforce thewrit of control issued by the courts.

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Then you have to expect the visit to enforce thewrit of control issued by the courts.

 

This I fully understand now and do not dispute them coming out but to take a car belonging to a Limited Company and also required for the day to day running of the business with proof of this, surely this cannot be right?

 

Of course I am not trying to get out of paying at all but do not see why I could not just continue to pay monthly like agreed.

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Deprivation of assets

You purposefully transferred an asset after initial enforcement

Nothing you can do

 

Drop all other outgoings to £1pcm

Sky tv mobile phone contracts credit cards etc etc

 

This is your no.1 priority debt after rent mortgage ctax gas electricity

 

Bet you paid a non priority bill in pref to the bailiff


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Deprivation of assets

You purposefully transferred an asset after initial enforcement

Nothing you can do

 

Drop all other outgoings to £1pcm

Sky tv mobile phone contracts credit cards etc etc

 

This is your no.1 priority debt after rent mortgage ctax gas electricity

 

Bet you paid a non priority bill in pref to the bailiff

 

I wish that was the truth, I am tarred with a brush that I deliberately did not pay and that I purposely transferred the car which I did not.

 

So if they continue in selling the car and its not enough to cover the debt, what will happen then?

 

 

I am on an extremely low wage from the company and have been making payments, unfortunately this month My payment was delayed by a few days.

 

 

The car was transferred simply because the company could maintain the car ie tax etc.. and not so I could avoid it being taken, Like I said I did not even think about enforcement coming out as I thought everything was ok.

 

 

I do not have sky or credit cards, I have a mobile but its a company one.

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Then you can do nothing more

Doesnt matter why you transferred the car sadly

 

Unless anyone knows diff i cant see anyway of you not having to pay prob more than the car is worth to get it back now...


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If there Isa short fall then expect another visit unfortunately

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So even though the car was essential for business use and was not worth a great deal due to being a previous Cat C plus owned by a limited company there is nothing I can do?

 

I would also like to state that I have not refused to pay the debt I just could not pay what they wanted as they wanted the full amount, I even offered to pay the £450 that we sold it for but was not acceptable.

 

I do not expect this to go away and do want to get it cleared.

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Who the util co that got the ccj?

Did you not defend it?

9/10 its totally a bogus figure anyway

 

Tell us about the ccj


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South East Water

When I got the CCJ I was going to apply for a Stay of Execution but then got the letter from the HCEO so arranged with them the payment plan, I did not defend it as We owed it.

It is in Joint names of me and my wife. The car was previously in my wifes name.

The writ was issued 03/2017

 

The CCJ was for £2009.85 , I paid off 310 which shows payment every month, they are now requesting £3369.63 and that's with the £310 paid included in that amount.

 

This was their first visit to the property to my knowledge.

 

Once again Thank you for taking the time to reply.

Edited by djones78

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Also on the form where it says Daily or weekly storage charge where the goods have been removed to and stored he has put "TBA"

and in the how to collect your goods section it has not been filled out with the storage location or anything.

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Your liable for ALL enforcement costs plus stage two costs, removal costs and auctioneer fees etc.

On a two grand debt another 1600 is about the normal

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You should always defend a ccj even if you do agree gou owe the money

Then if push comes to shove you agree a tomlin and the judge sets a fixed sum that no-one bar him can change. No bailiffs nothing more PCM they can force you to payy

 

I think you are too late now for an n245?

Anyone?

 

Might that be an idea??

Still think the water ccj figure is wrong too

Was this the current bill at the time or a previous year?


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Thanks DX I will try to find the previous amount for the year, it could be a wrong amount but would it not be too late to do anything about now?

 

In addition do they have to be certified? as is there a way of checking?

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No they dont sadly


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Is the debt you owed for business or personal? If business was it in your Ltd Co name?


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