HCEO complaint

[nicurro]

Hi , on 22nd of January i was visited again by a HCEO , this is his fourth visit now . He decided he was going to levy on my disability car which belongs to motability.
I explained that he could not levy on the car as it did not belong to me but all he said was " i can do what i want " in a threatening manner .

He continued and left me with a notice of possession .

After reading the notice it worried me greatly as it states that they would be back for the car within 5 days , this left me stressed and upset as it is my only means of getting about.

I wish to complain about the statement he made " i can do what i want " as i feel this breaches the National Standards of Enforcement officers within the following standard:

Enforcement agents must not be deceitful by misrepresenting their powers, qualifications, capacities, experience or abilities, including, but not restricted to;

Falsely implying or stating that action can or will, be taken when legally it cannot be taken

Falsely implying or stating that a particular course of action will ensue before it is possible to know whether such action would be permissible.

He may have also breached the Code in other areas but this is probably the main one.

Any advice please or help writing a letter of complaint to the relevent people would be greatly appreciated.


Nic

[Kafka]

Re: HCEO complaint

Please provide the background to what this debt is together with a timeline of events through to now so we can see how it has unfolded.

[Inca]

Re: HCEO complaint

Can't levy on your car,,it's on lease hire.

[bizzybob]

Re: HCEO complaint

If he was to take the car, I'm sure Motability Finance would report the theft of their property to the police, and I don't think a High Court Judge would have a very good view of the HCEO in any resultant Interpleader hearing.
What HCEO company is this,? Is it Sherforce?

[Inca]

Re: HCEO complaint

I had a very disgruntled bailiff,,I let him do all his bluff and bluster and 'paperwork' before i calmly said 'Who is gonna notify Motability that you've got their car?' One very unhappy chappy stomped off.

[nicurro]

Re: HCEO complaint

Hi , this is an old debt from Eon , they obtained a CCJ in February after I failed to file a defence , i only found this out when the HCEO appearded at my door threatening to remove goods from our home to cover the debt.
I explained my circumstances to him and he left me an Income / expenditure sheet.
I completed this then after two weeks received a reply saying that they did not accept some of the things i had listed. I had started to pay £20 / month by Standing Order but they did not accept £80 of the expenditure , they wanted £100 / month.
The debt started at £640 and is now £1400 due to the extras the HCEO has added.
I have contaced step change and have done a new I & E and sent this off to them but have had no reply as yet.

Nic

[Kafka]

Re: HCEO complaint

What were the terms of the judgement for repayment? Did it specify an arrangement, or just that the amount was fully payable 'forthwith'?

You still haven't provided a timeline, but are you saying that you had no communication from the Court or the creditor after the hearing until the bailiff turned up?

[nicurro]

Re: HCEO complaint

Hi , I received nothing from the court and only found iut the HCEO was genuine when i rang Northampton County Court the day after he came.

Can you explain what exactly you need for the time line and how to present it.

Pardon my ignorance.

Nic

[bizzybob]

Re: HCEO complaint

As this debt was over £600, utilities like EON will have got the HCEO to send it to the High Court gained a writ of fi-fa, and that is why the fees have spiralled. What HCEO/bailiff firm is this? One answer may be to apply for a Stay of execution against the HCEO, on the grounds you cannot afford the fees, and also a variation order, so the court sets the repayments at an affordable rate, this also gets the HCEO, and their outrageous fees out of the equation..

[Kafka]

Re: HCEO complaint

Hi , I received nothing from the court and only found iut the HCEO was genuine when i rang Northampton County Court the day after he came.

Can you explain what exactly you need for the time line and how to present it.

Pardon my ignorance.

Nic

just a list in date order of everything that happened with this so we can see it as a sequence. It does sound as if several vital steps have not been taken, so you may have grounds to challenge based on that. If you detail exactly what happened we can better advise, as each case is different.

[nicurro]

Re: HCEO complaint

26th Jan 2012 letter before action from eon saying outstanding balance £562.48
16th Feb 2012 - county claim form received
01March 2012 - failed to submit defence on MCOL
30th August 2012 - HCEO came to house asking for payment or he would remove goods.
5th October 2012 - submitted I & E sheet.
25th Oct 2012 - letter received from HCEO refusing offer of £20 / month.
28th October 2012 - started paying £20 / month standing order
6th December 2012 - visit from HCEO demanding payment or goods will be removed.
10th December 2012 - Contacted him by phone telling him I cannot afford more than £20 / month.
3rd Jan 2013 - visit from HCEO demanding payment or goods will be removed.
10th Jan -Contacted him by phone telling him I cannot afford more than £20 / month.
22nd Jan 2013 - visit from HCEO demanding payment or goods will be removed. Levied on motability car , told him I don,'t think you can levy on it as it isn't mine. He said " I can do what I want" and left notice of seizure.
23rd Jan - contacted HCEO head office explaining that car was not mine , told to send proof of ownership to them as the HCEO'S report was not on system yet.
Contacted step change debt help , sent in new I & E TO HCEO and proof of ownership..

Still waiting for reply to last I & E.

Nic

[nicurro]

Re: HCEO complaint

26th Jan 2012 letter before action from eon saying outstanding balance £562.48
16th Feb 2012 - county claim form received
01March 2012 - failed to submit defence on MCOL
30th August 2012 - HCEO came to house asking for payment or he would remove goods.
5th October 2012 - submitted I & E sheet.
25th Oct 2012 - letter received from HCEO refusing offer of £20 / month.
28th October 2012 - started paying £20 / month standing order
6th December 2012 - visit from HCEO demanding payment or goods will be removed.
10th December 2012 - Contacted him by phone telling him I cannot afford more than £20 / month.
3rd Jan 2013 - visit from HCEO demanding payment or goods will be removed.
10th Jan -Contacted him by phone telling him I cannot afford more than £20 / month.
22nd Jan 2013 - visit from HCEO demanding payment or goods will be removed. Levied on motability car , told him I don,'t think you can levy on it as it isn't mine. He said " I can do what I want" and left notice of seizure.
23rd Jan - contacted HCEO head office explaining that car was not mine , told to send proof of ownership to them as the HCEO'S report was not on system yet.
Contacted step change debt help , sent in new I & E TO HCEO and proof of ownership..

Still waiting for reply to last I & E.

Nic

[Celestine]

Re: HCEO complaint

What HCEO Company is this please?

[bizzybob]

Re: HCEO complaint

Is it Sherfarce by any chance?

[nicurro]

Re: HCEO complaint

They are based at Colwyn Bay if that helps.