*** Won *** Judgment issued, but bar subsequently put in place ?

[kettlaness]

It's a shame the cooker was overvalued - I cant remember if you checked what the salvage values were and gave those to the court ? You'd wanted them to take the cooker back I think so think we in future need to remember to have a back up plan ( valuations) for if the court doesn't order that.

Sadly, the one thing that I overlooked, was the 'need' to provide a pre-prepared salvage valuation.

The judge said that the cooker wasn't fit for purpose at the outset and therefore, I was entitled to a full refund - minus the salvage value (£500).

I'll put the cooker on Ebay this weekend (listed under Spares & Repairs) and I bet that I don't get anywhere near £500 for it. His estimation of the salvage value, was far more than I expected.

did you get to ask for your costs ? Or is that what you mean by expenses ?(£750??)

Yes, I got my costs; and thankfully, the total that I'm owed, puts me well over the threshold for using a HCEO - though hopefully, it won't come to that.

[kettlaness]

Oh congratulations - I'm glad it all went well in the end and you won

Thank you . . . what I can say, is that I'd have struggled without the help of all those who responded so helpfully to my queries, so "thank you" one and all !

Most of the way through this matter, I got the impression that the defendant was either 'clever' in the way that they (seemingly) managed to keep 'stalling' the process . . . either they were 'clever', or utterly incompetent. I've come to the conclusion, that it was the latter.

At the start of the hearing, the judge said that he hadn't received a copy of their witness statement . . . whereupon, they handed him the copy of my witness statement that I'd sent to them. It turned out, that they had no documents to substantiate their arguments; it was all decided using my witness statement and my exhibits. At this point, I have to state my immense gratitude, to all, for the help that I've received. Prior to this case, I thought that a Witness Statement was a statement of evidence written specifically by a third party; and an exhibit was something to be seen on show in a museum or art gallery.

[kettlaness]

If they do pay within the month the judgment wouldn't be registered against them but if they don't I suppose they'd prefer a personal ccj on their credit file rather than a ccj against the business credit rating.

The judge said that payment was to be made within 14 days; how might the payment be made ?

[kettlaness]

.... can you pm me the names / address of the defendant & company so I can have a nosey as if you don't get paid you'll be back at enforcement again and could do without any more faffing about.

I'll do that asap . . . "thank you".

[kettlaness]

Hi All,

I should have been paid today, by the Defendant . . . that hasn't happened.

I'm now going to have to get a HCEO to chase the money for me; this company might be a possible choice, as I find their website is easy to understand.

https://www.courtenforcementservices.co.uk/

Does anyone have any comments they might wish to make about this ^^^ company ? Or, is there any specific company that you can recommend, based on experience ?

Thank you

[Amethyst]

ploddertom is the one I'd ask xx

[ploddertom]

I would always take the Sheriffs Office as first choice https://thesheriffsoffice.com/ . Whatever you do steer clear of DCBL.

[pt2537]

I would always take the Sheriffs Office as first choice https://thesheriffsoffice.com/ . Whatever you do steer clear of DCBL.

Interesting, i use DCBL for consumers cases, i have found the sherrifs office have let me down more than once.

[charitynjw]

Interesting, i use DCBL for consumers cases, i have found the sherrifs office have let me down more than once.

Lol!
They daren't muck you about, pt!

[ploddertom]

DCBL have been heavily criticised of late - it has been proved they do not send out a Notice of Enforcement, which is a lawful requirement. They do not have their own Authorised HCEO but rent the services of one from elsewhere. This HCEO lives in Florida now and there is a motion to have her struck off. They have also been criticised for the look of their Uniforms and vehicles as being very "Police like". The TV Co that follow them have had several Judgments made against them as it also appears that DCBL are operating to fill TV rather than follow the law. They are not members of the HCEOA otherwise action would have been taken to bring them to heel.

As for the Sheriffs Office - they are owned by HCE Group now - things aren't as good as they used be.

[kettlaness]

As matters currently stand, I don't think that I can approach a HCEO.

About a fortnight ago, I received a 'General Form of Judgement or Order' stating that the judgement be for the Claimant (myself). Unfortunately, on the document, the Defendant's (company) name is misspelled. I have telephoned the Court 3 times, asking that they re-send me the General Form of Judgement or Order - giving the Defendant's correct company name; 3 times, they said that they would put a copy in the post . . . and I'm still waiting !

Frustrated at this delay, I submitted a complaint email to the Court - I received an automated response, to the effect, that I might have to wait up to 10 days to get a reply. In a nutshell, the inability of the Court to give me a General Form of Judgement with the correct details, is stalling the process.

I suppose that I could (easily) scan and amend the General Form, so that it shows the correct company name and then print out and use that; however, I'm worried that there might be a paper-trail showing that the incorrect name for the Defendant's company has now replaced the actual name.

Tomorrow, I'll phone the Court again - I'm beginning to find it difficult, not to lose my temper with them.

Is there any equivalent of TrustPilot, where I can leave a review of the Court ?

[kettlaness]

Hi All,

I've acquired the services of a HCEO and I can't say that I'm overly impressed at the moment.

Today, I received an email from the HCEO, giving me a progress report.

Included was this :


{with regard to telephone call from Defendant to HCEO - Friday 10th May}

HCEO's written description :

"She asked why the amount has increased from the judgment order , I told her that the matter has been taken to court and we cannot answer that for hr. she will have contact the coot or the client directly".

Yes, this ^^^ was exactly how it was written - clearly, they didn't proof read it.


Is it appropriate, that the HCEO should advise the Defendant to contact the Claimant (me) directly, to seek an explanation as to why the amount had increased ?

[The amount had increased, only because of the fees that I've incurred by using the HCEO]



{with regard to 2nd telephone call from Defendant to HCEO - Monday 13th May}

HCEO's written description :

"debtor called to speak about they NOE he stated that he does to know why there are further fees I explained to him that there is a judgment in place and we are enforcing . He stated that he will pay the command figure I advised it was up to him".


Again, this ^^^ was exactly how it was written. I had to read this ^^^ three times, to understand what it means.

What exactly is 'command' figure ? Is that the original amount agreed in Court, or the revised figure which takes into account the HCEO's fees ?

Oh yes, the HCEO received the first telephone call from the Defendant on the 10th May and the second on the 13th May; but I had the message from the HCEO today (17th May) - and the Defendant still hasn't yet made any payment . . . surely, the HCEO will have informed the Defendant, that further delays will lead to an increase in the amount demanded ?

Surely, the HCEO should be stating to the Defendant, something rather more advisory, than "I advised it was up to him" ?

Am I being unreasonable here ? The HCEO in question, has a very professional looking website and they seem to be highly-regarded, but it doesn't fill me with confidence, when I receive such a poorly-worded email.

I should mention, that the Defendant was ordered by the Court on the 3rd April, to make payment within 14 days - 17th April; a month on and no payment has yet been made.

Any comments/observations gratefully received.

[kettlaness]

Hi All,

Currently, I have no faith whatsoever in the HCEO (The Sheriffs Office) that I'm using; on the basis of the information provided and given the very poor quality of the documentation that they send to me, I think it very likely that they'll simply give up chasing the Defendant for my money.

This would mean, that I'll have lost the £66 that I initially paid them to transfer up and enforce a Judgment (Writ of Control) and I'll also be liable for a further £75 (+ VAT) for the abortive fee.

If I were to subsequently use another HCEO, do I have to pay them another £66 to get another Writ of Control ? [Can I ask for a copy of the Writ ?].

If I use another HCEO, would I be able to claim back any of the money spent on the first HCEO ?

[kettlaness]

Hi All,

I've acquired the services of a HCEO and I can't say that I'm overly impressed at the moment.

Today, I received an email from the HCEO, giving me a progress report.

Included was this :


{with regard to telephone call from Defendant to HCEO - Friday 10th May}

HCEO's written description :

"She asked why the amount has increased from the judgment order , I told her that the matter has been taken to court and we cannot answer that for hr. she will have contact the coot or the client directly".

Yes, this ^^^ was exactly how it was written - clearly, they didn't proof read it.


Is it appropriate, that the HCEO should advise the Defendant to contact the Claimant (me) directly, to seek an explanation as to why the amount had increased ?

[The amount had increased, only because of the fees that I've incurred by using the HCEO]



{with regard to 2nd telephone call from Defendant to HCEO - Monday 13th May}

HCEO's written description :

"debtor called to speak about they NOE he stated that he does to know why there are further fees I explained to him that there is a judgment in place and we are enforcing . He stated that he will pay the command figure I advised it was up to him".


Again, this ^^^ was exactly how it was written. I had to read this ^^^ three times, to understand what it means.

What exactly is 'command' figure ? Is that the original amount agreed in Court, or the revised figure which takes into account the HCEO's fees ?

Oh yes, the HCEO received the first telephone call from the Defendant on the 10th May and the second on the 13th May; but I had the message from the HCEO today (17th May) - and the Defendant still hasn't yet made any payment . . . surely, the HCEO will have informed the Defendant, that further delays will lead to an increase in the amount demanded ?

Surely, the HCEO should be stating to the Defendant, something rather more advisory, than "I advised it was up to him" ?

Am I being unreasonable here ? The HCEO in question, has a very professional looking website and they seem to be highly-regarded, but it doesn't fill me with confidence, when I receive such a poorly-worded email.

I should mention, that the Defendant was ordered by the Court on the 3rd April, to make payment within 14 days - 17th April; a month on and no payment has yet been made.

Any comments/observations gratefully received.

What exactly is 'command' figure ? Is that the original amount agreed in Court, or the revised figure which takes into account the HCEO's fees ?

If the Defendant only pays the original amount agreed in Court, is it likely that the HCEO is going to pursue them for all the fees ? ; or is it more probable, that the HCEO will ask me if I'm willing to accept the original amount, minus the fees that I've incurred to the HCEO ?

[jaguarsuk]

What exactly is 'command' figure ? Is that the original amount agreed in Court, or the revised figure which takes into account the HCEO's fees ?

If the Defendant only pays the original amount agreed in Court, is it likely that the HCEO is going to pursue them for all the fees ? ; or is it more probable, that the HCEO will ask me if I'm willing to accept the original amount, minus the fees that I've incurred to the HCEO ?

It's wholly dependant on the HCEO and how they are approaching it.

As for explaining to the defendant, that's the HCEO's job and they should explain that the debt has risen due to the debtor failing to pay. And, the longer they take to cough up the larger that amount is going to get.

I don't know what HCE firm you have used, but they sound like a bunch of cowboys. It's not up to the defendant what he pays, there's a balance outstanding and he pays the lot.