Notice of Enforcement

[mcg]

Just received in the post an Enforcement Notice from HCE at my residential address.

What grounds can a Stay be applied?

Concerned have 2 vehicles on the drive (HP on both); one is my wife's but I'm registered keeper though insured by her. My car is registered in my company name.

Also what is the law on wheel clamp use?


Many thanks

[icrina53]

Re: Notice of Enforcement

As far as I know if you have finance on the cars they won't be able to clamp it. Is your company limited or you're sole trader?

[mcg]

Re: Notice of Enforcement

To confirm; finance is Hire Purchase not PCP; thought looking for equity in car and can only claim work purpose up to £1500?

Not a limited company?

Is it advisable to register wifes car in her name?

[icrina53]

Re: Notice of Enforcement

They cannot seize vehicles or other goods subject to hire purchase or rental agreements, tools or vehicles that are necessary to do your job for a max value of £1350.
It will make no difference in who's name is the car if is HP on it they won't be able to touch it anyway .
What they chasing you for ?

[Openlaw15]

Re: Notice of Enforcement

Just received in the post an Enforcement Notice from HCE at my residential address.

What grounds can a Stay be applied?

Concerned have 2 vehicles on the drive (HP on both); one is my wife's but I'm registered keeper though insured by her. My car is registered in my company name.

Also what is the law on wheel clamp use?


Many thanks

They cannot claim an interest on HP vehicles, simply because they belong to someone else meaning they and not you hold ownership (title).

[mcg]

Re: Notice of Enforcement

Thanks for all the replies.

Just found original sales invoice for wifes car and it states her name.

Will they not just clamp anyway to put on the pressure?

Chasing a money judgment for disputed supply of goods.

[icrina53]

Re: Notice of Enforcement

No they won't ,the cars belong to the place you bough it from until you finished paying for them . HCE cannot seize third party goods .
If I was you I will try to sort the debt out , HCE are not the ordinary bailiff that tries their luck at your door, they have more power than that. In certain circumstances( if a door or window is unlocked/open) they have the right to enter the property etc .
Is the debt personal or for the company?

[mcg]

Re: Notice of Enforcement

Ok so wont clamp?

Understand can enter 'peacefully'.

If no cars/assets to cease or no entry forthcoming won't they after a few visits return the writ?

[icrina53]

Re: Notice of Enforcement

No they can't seize any goods that don't belong to the debtor . Of course , they can't force entry but for example, if they try the door and is unlocked they can enter the house , etc. If no goods are valuable enough to be seized and cover the debt they will inform the court/claimant etc and then it will be taken from there.
Now, I'm not 100% sure so you might want to look into that, but if the debtor has a shop, warehouse , offices etc they can start looking into that. Like I said I'm not entirely sure but I've heard of HCE force entry "commercial premises" to recover goods to cover the debt .

[icrina53]

Re: Notice of Enforcement

Also they can get a Charge order or Attachment of earnings . I don't know the circumstances of this matter so I can only outline the possibilities , I'm no expert just general knowledge and past experiences.

[icrina53]

Re: Notice of Enforcement

You can also apply to the High Court that issued the writ for Stay of execution ( form N244) or to Set asside ( N244 part3) if you're disputing the debt

[mcg]

Re: Notice of Enforcement

Have got the Writ Stayed and faxed HCE with copy of Court Stamped application which was processed the same day. HCE wrote and stated will still enforce as no copy of Order. Should know Orders take days to produce with Courts being snowed under.

Anyone I can complain to?

[icrina53]

Re: Notice of Enforcement

Yes they can still enforce if no order was received. Have you phoned the Court?

[ploddertom]

Re: Notice of Enforcement

Have got the Writ Stayed and faxed HCE with copy of Court Stamped application which was processed the same day. HCE wrote and stated will still enforce as no copy of Order. Should know Orders take days to produce with Courts being snowed under.

Anyone I can complain to?

HCE would be very stupid to continue enforcement, Just make sure you keep a copy handy in case they do turn up. If they do then it is a case of ringing the Court while they are there.

[icrina53]

Re: Notice of Enforcement

Has the writ to be stayed was granted and you're waiting for the order?or you just applied for it ?