Ccj, now hceo/ interest on debt

[miliitant]

Re: Ccj, now hceo/ interest on debt

before district judge xx xxx sittting at zzzzz county court

to the defendant

IT IS ORDERED THAT

it is therefore ordered that you must pay the claimant 6.5 k for the debt

(AND INTEREST TO THE DATE OF JUDGEMENT)

AND £500.00 FOR COSTS

YOU MUST PAY THE CLAIMANT THE TOTAL OF 7 K FORTHWITH

that is the judgement

[Guest]

Re: Ccj, now hceo/ interest on debt

Perhaps it may be an idea to ring the court and ask the clerk if judgment debts always cary interest irrespective of what the judgment says.
Personally from reading the legislation and other sources on the web i think it does.

D

[Guest]

Re: Ccj, now hceo/ interest on debt

The HCEO is not entitled to charge his own interest.

The judgement debtor only pays the Judgement debt and judgement interest.

The law setting the fees for HCEOs is prescribed in Schedule 3 of Regulation 13 of The High Court Enforcement Officers Regulations 2004. It provides 5% of the sum recovered up to £100 and 2.5% over £100, plus a fixed fee of £2.50 on top.

If a Walking Possession Agreement is signed by the debtor, then a further fee of £3.25 a day is payable for the duration of the agreement.

HCEO's have a tendency to go completely nuts with Regulation 13 abuse, and they might have invented a new Reg 13 fee - interest.

Regulation 13 only applies if the HCEO has taken control of goods. Schedule 12 and 13 of the Tribunals, Courts and Enforcement Act 2007

I find that dealing with clients with HCEO trouble is find an irregularity with procedure, and apply for a set aside on an N244. Its free with a Form EX160. The easiest route is the defendant has moved and notice of judgement was sent to a previous address. Works everytime and takes care of the HCEO fee problem as well.

You can apply for a variation or a suspension (Form N244) if needed.

[Guest]

Re: Ccj, now hceo/ interest on debt

The HCEO is not entitled to charge his own interest.

The judgement debtor only pays the Judgement debt and judgement interest.

The law setting the fees for HCEOs is prescribed in Schedule 3 of Regulation 13 of The High Court Enforcement Officers Regulations 2004. It provides 5% of the sum recovered up to £100 and 2.5% over £100, plus a fixed fee of £2.50 on top.

If a Walking Possession Agreement is signed by the debtor, then a further fee of £3.25 a day is payable for the duration of the agreement.

HCEO's have a tendency to go completely nuts with Regulation 13 abuse, and they might have invented a new Reg 13 fee - interest.

Regulation 13 only applies if the HCEO has taken control of goods. Schedule 12 and 13 of the Tribunals, Courts and Enforcement Act 2007

I find that dealing with clients with HCEO trouble is find an irregularity with procedure, and apply for a set aside on an N244. Its free with a Form EX160. The easiest route is the defendant has moved and notice of judgement was sent to a previous address. Works everytime and takes care of the HCEO fee problem as well.

You can apply for a variation or a suspension (Form N244) if needed.

H

This is true however i think they will be able to collect the judgment interest so as far as the debtor is concerned it will be cold comfort.

D