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Hi. Had a writ against myself. HCEO didnt want to know about about the proof of purchase, V5 etc. I was listed as the main driver on the insurance and my mum a named driver. |This was sufficient evidence according to the HCEO! Please help. Thanks. Also how to make a complaint about the HCEO?
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What was the debt all about? Have you checked the Bailiff Register to see if the Enforcement Agent is listed? Which HCEO is it? Did you receive a Notice of Enforcement before they attended?
As for the car you say it is your parents car - can you explain further? Have you been left any documentation over all of this - if so what? Have they given you a breakdown of the fees charged?
Time is ticking as the vehicle can be sold at auction after 7 days. -
Originally posted by ploddertom View Post
High Court in London. Yes they on the Agent is listed. The where from Shergroup Enforcement. No there was no notice before to me at the address written on the writ.
My mum owns the car. She bought it and the agent was shown the sales receipt in her name. She was present at the property at the time they removed the car. The V5 is also in her name. She is a blue badge holder too. The car is insured to her and myself. The HCEO said as I was the main driver that was sufficient evidence the car is mine?
They only left a 'notice of sale' which has a wrong issue date on it and also a breakdown of the original debt, court fees and GCEO's fees.
\thanks.Comment
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Was her Blue Badge on display at the time of the visit?Comment
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I have to go out but will be back later. In the meantime Google "part 85 claim" as this is likely the route to follow.Comment
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No blue badge displayed.Comment
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That is a shame. To my mind he has overstepped the mark if just using the Insurance as his reasons particularly when a properly presented receipt was available. The car is the most important issue at present and your mum is going to have to submit a Part 85 claim to Court to try and get it back. As well as the receipt is she able to show how it was paid for.Comment
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It's on the sales invoice, she paid by cash which doesn't help I suppose. She'll be sending a letter to contest the removal on Monday by Special Delivery to the Bailiff. If that doesn't work looks like it will end up in court by Part 85. Thanks for the info and help.Originally posted by ploddertom View PostComment
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Sending a letter will be a waste as the correct procedure is the Part 85 - long time since i have done one but if I remember correctly there is no fee to do it. Although paid by cash was the money taken from the bank first before being handed over.
As asked earlier did you receive a Notice of Enforcement before they attended?Comment
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Hi. No don't have bank details showing cash taken from bank account. There was no NOE before they attended.Comment
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Also any advise on hot to complete the N224 correctly. Dont want to make any errors!
Does it matter if the HCEO did not dend of Enforcement before coming?
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If we no where the vehicle is can my mother take it back?Comment
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Form N224 is to ask for an application outside of England or Wales?
If you know where the vehiclee is and you take it you could be charged with theft.
A Notice of Enforcement is a legal requirement. The Enforcement Co will argue that they sent it but the person that runs that company has previous for another company that also did not send them out.
If you did not receive the NoE I have to ask if you received the documentation from the Court about the original CCJ?Comment
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No never new about the CCJ (still dont know the details) as I assume it was sent to an old address as I've never had anything at my current address. Then I ask myself why the writ was served at my current address.Comment
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Yes I think outside of the uk too. When i search online i found these details:
* Form N244: Make an application to a court ('application notice')
* Use this 'application notice' to ask a court to set aside or vary a judgment, or suspend an enforcement process.
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