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Hi
Just hoping for some help with a hceo issue. And apologies if I have posted in the wrong place!
I instructed the hceo against joint defendants who reside at different addresses.
One (debtor A)I did a address search on, the other (debtor B)I know his address from companies house filing (I have correspondence from companies house to the debtor at that address dated March, 2019) and from photos that correlate on Facebook.
Debtor A
The hceo managed to get into the home of debtor A, via his girlfriend letting them in. The debtor himself was currently out. 10 minutes later the hceo spoke to the debtor and requested payment to avoid removal of goods. The debtor refused to pay so the hceo searched for and listed assets - I think to make controlled goods agreement (?) although they concluded not enough assets there to adequately to pay the debt. Debtor A then turned up pretty quickly after and was still refusing to pay, however he offered to pay on a payment plan but this was refused by the hceo as being too low, and they gave him 24 hours to raise funds and pay before removal of the assets.
The hceo went back 2 weeks later(!), and then a few days after that. There was no response to the hceo attendance. They now tell me the assets listed would not cover the cost of removal. I asked them about the offer of payment (I take it from what I have read this would also be listed on the controlled goods agreement), but the hceo never responded to this.
Debtor B
The hceo are telling me they cannot find the address for Debtor B, and that they are being told the house has been demolished, yet I have photos of the defendant outside this address. This property has been in the local newspaper, as the owner (not debtor B, as he rents this property) was letting it deteriorate and not paying council tax and was given an ultimatum to pay, and renovate the property or the council would sell it. I have given the hceo all of this information with links to facebook and to the newspaper. However I will do an additional formal address search if necessary to confirm. The house doesn’t not have a number but a name.
I have given them car registration numbers (both have motorbikes and cars) but they tell me they cannot do anything unless they sight the cars themselves. So I asked by what means of transport did debtor A arrive so quickly and they tell me they never noticed.
They now want their abortive fee, but I don’t feel they have even tried yet.
As regards debtor A is there any come back with his offer for a payment plan. Something is better than nothing!
As regards debtor B, I feel it is ludicrous that despite all my information, they have relied on someone they chatted to in the road to find the address. I will go back with the companies house letter, the newspaper article and maybe suggest I do a tenant find.
Can anyone advise what my next step should be?
Many thanks for any help, I am tearing my hair out.
Just hoping for some help with a hceo issue. And apologies if I have posted in the wrong place!
I instructed the hceo against joint defendants who reside at different addresses.
One (debtor A)I did a address search on, the other (debtor B)I know his address from companies house filing (I have correspondence from companies house to the debtor at that address dated March, 2019) and from photos that correlate on Facebook.
Debtor A
The hceo managed to get into the home of debtor A, via his girlfriend letting them in. The debtor himself was currently out. 10 minutes later the hceo spoke to the debtor and requested payment to avoid removal of goods. The debtor refused to pay so the hceo searched for and listed assets - I think to make controlled goods agreement (?) although they concluded not enough assets there to adequately to pay the debt. Debtor A then turned up pretty quickly after and was still refusing to pay, however he offered to pay on a payment plan but this was refused by the hceo as being too low, and they gave him 24 hours to raise funds and pay before removal of the assets.
The hceo went back 2 weeks later(!), and then a few days after that. There was no response to the hceo attendance. They now tell me the assets listed would not cover the cost of removal. I asked them about the offer of payment (I take it from what I have read this would also be listed on the controlled goods agreement), but the hceo never responded to this.
Debtor B
The hceo are telling me they cannot find the address for Debtor B, and that they are being told the house has been demolished, yet I have photos of the defendant outside this address. This property has been in the local newspaper, as the owner (not debtor B, as he rents this property) was letting it deteriorate and not paying council tax and was given an ultimatum to pay, and renovate the property or the council would sell it. I have given the hceo all of this information with links to facebook and to the newspaper. However I will do an additional formal address search if necessary to confirm. The house doesn’t not have a number but a name.
I have given them car registration numbers (both have motorbikes and cars) but they tell me they cannot do anything unless they sight the cars themselves. So I asked by what means of transport did debtor A arrive so quickly and they tell me they never noticed.
They now want their abortive fee, but I don’t feel they have even tried yet.
As regards debtor A is there any come back with his offer for a payment plan. Something is better than nothing!
As regards debtor B, I feel it is ludicrous that despite all my information, they have relied on someone they chatted to in the road to find the address. I will go back with the companies house letter, the newspaper article and maybe suggest I do a tenant find.
Can anyone advise what my next step should be?
Many thanks for any help, I am tearing my hair out.
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