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High Court Enforcement Group Limited

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  • High Court Enforcement Group Limited

    Hi all, have spent quite a few hours reading through the forums and lots of great information in there, however hoping someone will be able to give me a bit more help.
    I received a Notice of Enforcement from the high court Enforcement group limited, not sure if they are actually high court enforcement officers acting on a writ, or just a standard bailiff company, on the letter it says -Enforcement details - under a writ of control, issued through Manchester district Retistery High court number : issues to Alan J smith an authorised High court enforcement officer."

    I was thinking if this was legit it would have a high court number On it and details of. Writ?

    Have also done some more digging on the main thing here and found out what the CCJ was acutely issued for by checking online, turns out I received a CCJ from a previous employer who I leased a work van from and tools, I had a falling out with the employer before I left to work abroad (long story) but have now found out that they had taken a CCJ out on me for £2508!!!! For damage to work van which I disagree with. This is from 2 years ago.
    im wanting to get this set aside as I do not agree with this, I am wondering what anyone's experience would be with this being successful or not as I do not have any paper work for when I took my veichle back as this was over 2 years ago. I am looking at getting a mortgage in the next year or so, and this CCJ will not help with that.

    any help on this would be appreciated, as to what my chances of getting this set aside sucessfully would be? And is there a way to find out if this company are acting on a issued Writ or just trying there luck? Have also noticed the amount on the enforcement is £2800 + £121 interest and £90 compliance stage fee so over £3000 in total, am I right in thinking there should not have been any interest added onto the CCJ as before any of the fees have been added the CCJ has increased to £2800 when I checked was for £2508?

    would really appreciate some help on this they have given me 10 days to pay in full so pretty worried, more so about this affecting my credit rating.
    Tags: None

  • #2
    Re: High Court Enforcement Group Limited

    HCE are a legit company. A CCJ for any amount over £600 not governed by the Consumer Credit Act may be transferred up to the High Court for enforcement only. Unfortunately their charges are much higher than a "normal" Bailiff but can be challenged if incorrect.

    The problem you are going to have is if you want to apply for Set Aside then you must be able to mount a good defence to do so. As it is all about damage to a vehicle then somewhere there should exist some evidence of the damage. You say yourself you have nothing and the chances are that if you left under "difficult" circumstances then the Claimant may not be very cooperative. Of course if you commence proceedings that evidence may well surface but you are up against it.
    Last edited by ploddertom; 14th October 2016, 12:53:PM.

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    • #3
      Re: High Court Enforcement Group Limited

      What date was the Notice of Enforcement issued?

      You need to be aware that in EVERY case, unless you make full payment of the amount specified on the NoE, the enforcement agent is under an obligation to make a 'doorstep' visit. This visit will attract a Stage One fee of £190.

      If the enforcement agent is able to get Controlled Goods Agreement signed, then this will significantly limit the amount of fees that can be charged.

      Do you have a car outside of your home? If so, (depending on a number of circumstances), this is at serious risk of being seized.

      I agree with Ploddertom on the prospect of getting the CCJ set aside. Courts are most unwillling to 'set aside' judgments. What the court will be looking at is whether the same verdict would be given at a new hearing. You would need to be able to demonstrate in your N244 Application that there is a genuine dispute and that the dispute is a strong enough one that could, if it was reheard, result in the claim against you being thrown out or significantly reduced.

      PS: Just looking at the obvious here....if there was indeed damage to the vehicle, did the company not make a claim under their insurance policy?

      Comment


      • #4
        Re: High Court Enforcement Group Limited

        Originally posted by Milo View Post

        PS: Just looking at the obvious here....if there was indeed damage to the vehicle, did the company not make a claim under their insurance policy?
        A good point & considering the alleged sum due one that needs addressing.

        Comment


        • #5
          Re: High Court Enforcement Group Limited

          Thanks for the really quick replies, date of enforcement is 22/10/2016
          what made me question this as well first was that on the enforcement details says "high court number:" and no number is present.
          reference the car I do not have a car in my name, this is in my partners name.
          i do not have any chance of raising £3000 by next week, and I would like to deal with this without adding any unnecessary fees, on the question of fees do they not need to let me know how this has already gone from £2500, up to £3000?
          Not sure about the company insurance, £2500 seems like a lot of damage from 2 and a half years ago. I am not sure how it would work if I did appeal, would it be a case of the company probing the damage was caused by me, and proving they spent the money to fix this with receipts etc, or would it be a case of me having to prove I didn't do it, which being as this was over 2 years ago I don't have any paper work etc, so I'm pretty screwed?
          I have never really had to deal with anything like this before and it's pretty scary to think even if I did have the money to pay this and end the matter now I would still have this black mark against me credit file for another 4 years! Plus I know I can't afford this in 10 days, so the debt is just going to build up?

          Comment


          • #6
            Re: High Court Enforcement Group Limited

            I think your first resort is to bite the bullet and contact the Claimant to find out what this all about and do they have proof of the damage & also an invoice showing the repairs were done. Obviously asking them why it was not due to an insurance claim.

            The fees the Bailiff can be charge are fixed until such time you default on payment where any goods seized could be removed - yes they can be quite inventive when it comes to fees. Do you have use of the car at all? If so then it may be at risk of seizure? Temporarily it may be better to park elsewhere - a neighbours drive or private car park - until you can find out further details of all this.

            At present the most important person to deal with is the attending Enforcement Agent. You could apply for a Stay of Execution against the Writ but personally think you could be on dodgy ground for this as the grounds you apply on may not be sufficient. You do not have to engage with whoever calls and under no circumstances should you allow access to your home. As these people are paid on results they may only visit 3 or 4 times - usually between 6am-9pm without prior notice. If after a few visits he realises he is getting nowhere then the Writ may be returned to the Claimant. It is not easy ignoring them as they will knock very loudly and persistently.

            If they do return the Writ then there is nothing to stop the Claimant giving it to another HCEO or taking a different form of enforcement action. What they do tend to forget is that just because they have a CCJ/Writ does not guarantee payment. It could be the Claimant may then want to talk which gives you the upper hand.

            Unfortunately you will be saddld with a bad Credit History for the next 4 years & gaining a mortgage will be very unlikely.

            Comment

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