Andrew Wilson & Co - HELP PLEASE URGENT!

[jdpm]

Re: Andrew Wilson & Co - HELP PLEASE URGENT!

Hi, i live in Telford (Shropshire) and this is the only one i can get to so hopefully this is sufficient.

I can afford the fees of £80 so that's not an issue - my only main concern is a visit from the HCEO and fees associated with this. I just want to be able to make the £900 monthly over three months.

Thanks for your help - its greatly appreciated - just one final thing - could the judge decline the application and if so on what grounds?

thanks

[ploddertom]

Re: Andrew Wilson & Co - HELP PLEASE URGENT!

They can refuse the application on the grounds of basically "tough luck get on with it". Part of it is down to the lottery of which Judge you pull - even if it goes against you it is well worthwhile being polite and thanking them for their time. It may be that the Court may refuse to take your application and direct you elsewhere or take it and schedule a Hearing for 4 weeks time. If either of those last 2 happen then make sure you adopt a siege mentality and deny the HCEO access - regardless of what his paperwork says if he cannot make a levy on your goods then he is powerless.

The Writ he has is valid for 12 months but can be renewed, he could return the Writ as being unable to enforce it & your Creditor could then employ a different firm of HCEO's to act. Lots of variables I'm afraid.

One thing I will mention is that there are more Courts who are willing not only to hear your Stay request but will also do the Variation at the same time rather than let you post it off elsewhere then let it come back again. Makes sense really. Also looking at your local Court tells me they are one of the Courts on a Pilot Scheme for appointments only and the counter is closed - you must ring 01952 238283 and ask for an urgent appointment, see here for your details http://212.137.36.113/HMCSCourtFinde...o?court_id=602

[jdpm]

Re: Andrew Wilson & Co - HELP PLEASE URGENT!

You have been most helpful - however your answers give me more questions - last two questions: apart from what you have advised me to put on the N244, is there any other points i need to raise apart from 'cannot afford fees etc' - do i mention that the creditor agreed to three monthly payments however the HCEO wont?

2nd question is, if i deny access etc(of which the fee would be £400+) would i not get charged more and more every visit increasing my debt significantly? how many visits would a HCEO make?

[labman]

Re: Andrew Wilson & Co - HELP PLEASE URGENT!

You have been most helpful - however your answers give me more questions - last two questions: apart from what you have advised me to put on the N244, is there any other points i need to raise apart from 'cannot afford fees etc' - do i mention that the creditor agreed to three monthly payments however the HCEO wont?

Stick to basic fact is best. If you put the rest, it's your word against theirs and we know who'll be believed!

2nd question is, if i deny access etc(of which the fee would be £400+) would i not get charged more and more every visit increasing my debt significantly? how many visits would a HCEO make?[/QUOTE]

An HCEO only gets paid if they are successful. By keeping him away and denying him all ability to get any levy, he cannot be successful, so cannot run up huge fees. REMEMBER a HCEO does NOT have to give any notice whatsoever of a visit, so you must assume the worst, and assume he is going to visit all the time. Thus keep the door locked, downstairs windows shut, etc.... Similarly with any attached outbuildings.

[jdpm]

Re: Andrew Wilson & Co - HELP PLEASE URGENT!

Hi

But surely if he visits and puts a letter through the door for seizure of goods he will charge for visiting which i have been told is £450 - wont i still be liable for that and any subsequent visits there after?

If my N244 is declined then i dont think i could go through a year of will he or wont he show up? my other concern is my partners car is parked on the drive - can he take that even though its not in my name? (i dont have a car)

[labman]

Re: Andrew Wilson & Co - HELP PLEASE URGENT!

In theory they should check ownership of the car. In reality they often don't. It's therefore a good idea to move the car a few streets away.

If you have to leave it there, leave a few copies of the V5(C) stuck on the windows so they can't claim they didn't know who owned it. Also, if the car is on HP they are not supposed to remove it.

[ploddertom]

Re: Andrew Wilson & Co - HELP PLEASE URGENT!

Hi

But surely if he visits and puts a letter through the door for seizure of goods he will charge for visiting which i have been told is £450 - wont i still be liable for that and any subsequent visits there after? If he can't contact you - usually after 3 visits then he will return the Writ to the Creditor, all fees are scrapped and the Creditor will end up paying £60 +VAT for an abortive visit.

If my N244 is declined then i dont think i could go through a year of will he or wont he show up? my other concern is my partners car is parked on the drive - can he take that even though its not in my name? (i dont have a car)

Therse people have lees powers than thy think they have and work on the principle of the all encompassing Form55 making people think all their worldly goods are now seized and will be removed. The reality is something different. However let him in and the situation changes rapidly.

If you say the creditor will accept your proposed payment but the HCEO won't then that is wrong. Any payment proposal you suggest has to be put to the Creditor for them to decide to accept or not, they are then supposed to say yes or no within 7 days.