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hceo fees

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  • hceo fees

    hi everyone im new to this and this is my first post. i will try to keep this short and sweet lol.
    on 26 april 2011 i arrived home and was greeted with a notice of seizure letter from Marston (aka the devils) for the amount of £7,354.70 enforcing a judgement that was given to me last year which i was paying £10 per week for unbeknown to me the standing order that was set up had been canciled by mistake and had not been payed since 6/12/06.


    judgement debt: £4,820
    judgement costs:£1,226.72
    execution cost: £111.75
    interest to date: £788.03 (fees will increase by 29p per day whilst in possesion)

    i called the HCEO and explained the situation to him he told me to call the company in which i owed the debt to which i did i offered to reset up the standing order but they said that i would have to make the offer to the HCEO so i called him back and amde the offer which he refused and said that he could only take the payment split in to 4. i told him that i was on benifuts and a mother of 2 kids under 16, he told me to get a loan. i called back the company and told them that he refused my offer they asked for the name of the HCEO and number and they said they would call me back. (which they didnt). i called back the HCEO and he said that he would return in 48hr which totally freaked me out. i was advised to go to the high court and get a stay of execusion which i did, the saty was given to me and i was to return on 9/05/11. This was to give me time to go to the county court to file a n244 form.Unfortunatly on the day i returned to the high court i arrived late due to the county court losing my paper work and me having to return to compleate it again and get a copy to show the high court. I arrived at the high court at 11.55 and it had been heard at 11.30 ( yes i no i should have called them) but they had already dissmissed the case in my abcences and awarded the other side their costs (1,540.40). lucky enough i managed to get my case back in to court and the end result was agreed that on the grounds that i pay the othersides costs and the HCOE fees (if i didnt then the other side would be liable) i would be allowed to reinstae my £10 weekly payments. The court costs were incorperated in to the£10 payments which i thought i really didnt have a choice but to agree to. Now my issues was the HCEO fees, the barrister onthe other side did not no what the fees were but i showed the judge a copy of what they were asking for and all she said is taht they are supposed to follow the set out regulations and i said that i was aware of that but their firgures dont add up i think she agreed with me as she ordered that a request be sent out to them to send me a breakdown of their costs within 2 week. i actally have sent 2 emails and called them asking for this. so after court i asked the how i was to pay and was told by the barrister that their payments (debt and costs) were to be paid seperate from the HCEO fees. so i set up a S/O to pay them their £10 and called Marston to let them no, i was told by them that i need to make the payments to them but i dodnt see why as i made the agrremnet with the company in court. To me it seems that because the comapny and myself went to court and came to a payment agreement that Marston has failed to enforce the debt
    All they have one is put 1 letter through my letter box ( they lied and said they came twice i will be asking for evidence). Do i still need to pay them. Plus when i asked them today what the judgemnet cost were i was told that it is a cost encured from the court where the judgemnet was issued, well i asked the high court who said that did not issue taat cost and the same goes for the county court so how are they able to issue judgement costs of their own.
    Tags: None

  • #2
    Re: hceo fees

    I've tried to follow the above and get the general gist but it's a bit unclear, but then it is late and I really need my bed....

    Is this correct? -

    The payment plan standing order was set up but unknown to you hadn't been paid since 2006, so a Judgement was obtained last year. Marstons have now got involved, you've now been back to Court, and are now paying £10 per week.

    So, since the Judgement last year, have you paid anything towards the debt?

    Who was the original debtor and what was the debt for. This is important as the prescribed fees vary on what sort of debt it is, whether it's a fine, or what.
    Why did Marstons get involved
    Have you send a full SAR to Marstons requesting the breakdown of their fees.
    Have there been any Liability Orders, warrants etc issued?

    Can you scan in any paperwork you have from the Court, particularly the Judgement and the order from the Judge requesting a breakdown of the fees.

    Is this under English or Scottish law?

    Sorry for so many questions but it needs to be clear so we can understand the situation.

    Someone with more knowledge than me will probably be along tomorrow.
    Is no longer here

    Comment


    • #3
      Re: hceo fees

      sorry. i had an operation at a private hospital BMI healthcare. and there was a mix up with the payment (2009). got a ccj agaist me in 2010 and was ordered to pay £10 per week which i was doing. when i lost my job in august 2010 i canceled some standing orders with my bank but thought that the one for BMI was still active it was not until i got the notice of seizue form through my door that i realised that there was a problem. BMI said that sent me a deefault letter in jan 2011 which i never got and because i did not reply to it they passed on my case to Marstons to collect the judgement since i had defaulted on the payments. after the vist from Marston HCEO who said he was coming to take my things within 48hrs i was advsed to file a stay of execution with the high court so that i could give myself time to go back to the county court and file a suspension of warrenty and to make an offer of payment that i could afford which was £10 which the HCEO had turned down. All i wanted to do was to continue the £10 payments that i was originally making. The judge in the High court suspended the writ on the ground that i stuck to the £10 weekly payments which included BMI's solicitors fees plus i would have to pay the HCEO fees too. What i am trying to work out is since the HCEO didnt actually succed in enforcing the judgement ( they didnt get any monney or agreemnet out of me) because i went to court and made the agreement diretly with BMI not the HCEO do i still have to pay them all the costs that they are demanding even though all they have done in this time is put 1 letter thorugh my letter box. I sent 2 emails asking for the breakdown plus i have called them twice. The high court judge has also ordered them to send me a breakdown but that was only done on maonday 9 may and i think they have 2 week to give me the breakdown. and its english law
      ------------------------------- merged -------------------------------
      also im still trying to understand what the execusion cost means and what it covers and why is it seperate from the officers fees.
      ------------------------------- merged -------------------------------
      can anyone tell me what this costs autually mean so confused about it all. They just exspct people to shell out money blindly.
      Last edited by kamkam; 13th May 2011, 00:38:AM. Reason: Automerged Doublepost

      Comment


      • #4
        Re: hceo fees

        Hi Kamkam.

        This part is confusing me. Did you mean 6/12/10?

        i was paying £10 per week for unbeknown to me the standing order that was set up had been canciled by mistake and had not been payed since 6/12/06.

        Comment


        • #5
          Re: hceo fees

          Originally posted by WendyB View Post
          I've tried to follow the above and get the general gist but it's a bit unclear, but then it is late and I really need my bed....

          Is this correct? -

          The payment plan standing order was set up but unknown to you hadn't been paid since 2006, so a Judgement was obtained last year. Marstons have now got involved, you've now been back to Court, and are now paying £10 per week.

          So, since the Judgement last year, have you paid anything towards the debt?

          Who was the original debtor and what was the debt for. This is important as the prescribed fees vary on what sort of debt it is, whether it's a fine, or what.
          Why did Marstons get involved
          Have you send a full SAR to Marstons requesting the breakdown of their fees.
          Have there been any Liability Orders, warrants etc issued?

          Can you scan in any paperwork you have from the Court, particularly the Judgement and the order from the Judge requesting a breakdown of the fees.

          Is this under English or Scottish law?

          Sorry for so many questions but it needs to be clear so we can understand the situation.

          Someone with more knowledge than me will probably be along tomorrow.
          Hi everyone I am new to this as well, apologies if I appear curt, I am however not happy.
          Essentially the HCEO fees are almost 75% of the judgment debt!!

          Is this legal? I am struggling to pay a debt, and slightly advanced debt collectors, or the companies they represent are adding these astronomical costs.

          I will be delighted if someone well informed tells me that this is wrong and there is a route for recourse.

          Johnnylion

          Comment


          • #6
            Re: hceo fees

            Originally posted by johnnylion View Post
            Hi everyone I am new to this as well, apologies if I appear curt, I am however not happy.
            Essentially the HCEO fees are almost 75% of the judgment debt!!

            Is this legal? I am struggling to pay a debt, and slightly advanced debt collectors, or the companies they represent are adding these astronomical costs.

            I will be delighted if someone well informed tells me that this is wrong and there is a route for recourse.

            Johnnylion
            It may help if you can start your own thread for a response better targetted to yourself. It would also be a good idea to expand on what you have said so far to try & get a clearer picture of your problem.

            Link to post new thread Legal Beagles Consumer Forum

            Comment

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