A joke

[bluebottle]

Re: A joke

I am not sure why but I am go to talk to his girlfriend who is a CID officer what i can do.I do realise that they will deny it and that is probably why i did not say anything. I have written to the OFT and I am considering a letter to the Trading Standards where the company is based. HCC never acknowledged anything. Indeed i had no contact from then until their man walked in my shop. But these two knew so i presume the company knows as well. The chances are they are they may think I am faking being mentally ill and trying to call my bluff. Tough luck boys I have medical proof enough and enough character witnesses to prove it. I will see what my son's G/f comes up with.
I think that if enough stink is raised things will get sorted out. The company who started this I have told. They have been told that this was done in their name so they don't want that to happen. Also i can sort out the debt without any problem with them now so they don't need a collections company. The Court i think will take a very dim view of this.
I just want to stand up to these people and take them to task using brains and the law to beat them and hopefully add the the growing evidence that these collection companies, though needed i suspect, need to change what they do.I did read that 50% of people who came in contact with bailiffs felt suicidal and I do suspect that some may well of gone beyond the strong negative feeling of suicide and done something physical. Believe me you do not want to go there - I have a few times and it is the worst feeling you can ever have. And this is despite seeing two people, on separate occasions, commit suicide in front of trains - it should put you off but it doesn't.

I know what you mean about Suicide by Train, Patchie. A former train driver I know ended up in a psychiatric unit after being involved in one too many of these incidents. Thankfully, he is now a lot better and able to get on with his life. During my time in the police, I came into contact with officers from British Transport Police who have to deal with such incidents and, you're right, it does have an effect. These days, officers who attend suicide incidents on the railway are given counselling to help them deal with what they have had to deal with.

[ploddertom]

Re: A joke

I'm not too sure what we are trying to do here. I can certainly help with you trying to sort the CCJ & HCEO problems out. HCC are the "new kids" on the block so to speak, they use a Lincs address coupled with a London phone no - no doubt to give some sort of credence. Looking at their details it appears they only do debt collecting & HCEO duties so would assume they have to have both a Credit Licence & Data Protection Registration. As far as their employess are concerned they will not operating as "Certificated" Bailiffs even though they may hold a Certificate so a complaint to the Court will not be an option.

As said the problem of the issues raised are down to he said she said territory and the difficulty is compounded by there being 2 of them and 1 of you and I don't doubt they will raise the old chestnut from SECTION 99 THE COURTS ACT 2003, Schedule 7 where para 5 states:
Constable’s duty to assist enforcement officers

5.	It is the duty of every constable, at the request of— a. an enforcement officer, or b. a person acting under the officer’s authority, to assist the officer or that person in the execution of a writ.

[bluebottle]

Re: A joke

I'm not too sure what we are trying to do here. I can certainly help with you trying to sort the CCJ & HCEO problems out. HCC are the "new kids" on the block so to speak, they use a Lincs address coupled with a London phone no - no doubt to give some sort of credence. Looking at their details it appears they only do debt collecting & HCEO duties so would assume they have to have both a Credit Licence & Data Protection Registration. As far as their employess are concerned they will not operating as "Certificated" Bailiffs even though they may hold a Certificate so a complaint to the Court will not be an option.

As said the problem of the issues raised are down to he said she said territory and the difficulty is compounded by there being 2 of them and 1 of you and I don't doubt they will raise the old chestnut from SECTION 99 THE COURTS ACT 2003, Schedule 7 where para 5 states:
Constable’s duty to assist enforcement officers

5.	It is the duty of every constable, at the request of— a. an enforcement officer, or b. a person acting under the officer’s authority, to assist the officer or that person in the execution of a writ.

There is a caveat to Section 99, Courts Act 2003, Sch.7, para 5, which doesn't appear in legislation, but is part of the policy of individual police forces and goes along the lines of that a police officer who receives a request from an HCEO to assist them must first ensure that the HCEO has lawful authority to act, that they have lawful authority to be at the premises or dwelling where they request assistance to execute a writ and that they must ensure they do not allow an HCEO to commit an offence at law or allow themselves to become involved in the commission of an offence at law. Each police force will have its own version of this, but the policy is determined by the Chief Constable of each of the 43 police areas in England and Wales. The British Transport Police and Ministry of Defence Police may have their own policies on HCEOs encroaching on land/property under the control of Network Rail and land/property under the ownership/tenure of the Ministry of Defence. I cannot comment as to what the situation is in Scotland or Northern Ireland.

[Patchie]

Re: A joke

I realise that it is a he said she said thing that was why I was reluctant. My son's G/F who i have just seen suggests that i log it with the Police and her words were the same he said she said, but logging it will put it in the system so i will do that.
No-one sees to say anything about my course of action outside of the police side. This man has done wrong and he needs to be brought to book. I have contacted the court which was one piece of advice I was given. I have contacted the company who started all this off in the first place and HCC themselves. What else can i do? Is this course of action wrong, right, in between? Trading Standards, OFT what? I would like to challenge their charges and the implicit threat of "if you don't pay this this could mean criminal proceedings" it is a commercial debt.
My depression, and it is creeping back on me again, I will deal with I just would like something practical I can do to sort this out.

[Sapphire]

Re: A joke

Patchie if you want to talk/offload etc about depression and so on we have a Mental Health area http://www.legalbeagles.info/forums/...lth-Depression you can post away there as much as you want.

[ploddertom]

Re: A joke

No-one sees to say anything about my course of action outside of the police side. This man has done wrong and he needs to be brought to book. I have contacted the court which was one piece of advice I was given. What did they say? I have contacted the company who started all this off in the first place and HCC themselves. Have you raised this as a complaint with them? What else can i do? Is this course of action wrong, right, in between? Trading Standards, OFT what? I would like to challenge their charges and the implicit threat of "if you don't pay this this could mean criminal proceedings" - no it won't - it is a commercial debt.
My depression, and it is creeping back on me again, I will deal with I just would like something practical I can do to sort this out.

Going back to basics.
Were you aware of the original debt?
Did you receive any documents when the CCJ process started?
Have you been in touch with the Court since?
Have you been in touch with the Claimant since?
have you made an offer of payment to anyone?

[SpringerSpaniel]

Re: A joke

Have you seen a copy of the CCJ issued by the court concerned ?

[Patchie]

Re: A joke

Yes I was aware of the orginal debt. This debt is against my limited company not me.
Not that I am aware of
No
Yes when HCC came around the first time
Yes they got a £1000 cash out of an £1800 bill

[Patchie]

Re: A joke

No one from the court has contacted me. No-one from HCC has contacted me nor the claimant. All were raised as complaints.
Should I go ahead with the OFT and anyone else. I cannot find from their paperwork that they belong to a trade body otherwise i would of done that as well.

[SpringerSpaniel]

Re: A joke

Did you receive ANY pre-action correspondence, or ANY paperwork from the court before these 'agents' from HCC appeared ?

[SpringerSpaniel]

Re: A joke

Which court is the CCJ issued out of ?

[ploddertom]

Re: A joke

Thank you for your previous replies I have a bit of a clearer picture in my mind of the process that has happened over this. You asked about Trade Bodies that HCC may be involved with - if they are memebers it will be the High Court Enforcement Officers Association http://www.hceoa.org.uk/ , unlike other enforcement agencies trade bodies these actually do care a bit more about complaints. You can make a complaint to their Chairman, Martin Leyshon martin.leyshon@hceoa.org.uk .

As for dealing with your debt I note 2 things, you say you have the means to pay the rest of the CCJ off and also that you never received the original documentation from the Court when the initial claim started. If this is the case then I would suggest you apply for Set Aside on the grounds you never received the original docs and were denied the chance to pay in full or defend. Your argument being you knew nothing until the HCEO turned up. This is applied for on Form N244 from HMCTS website - cost of application is £80. If granted and you can show you can pay the rest off then the CCJ will be wiped, and all enforcement will cease and any fees paid will have to be refunded.

If you cannot afford to pay then I would suggest you:
a - apply for a Variation Order - may not be granted as most business debts are all Forthwith
b - apply for a Stay of Execution against the HCEO using the grounds the costs are disproportionate to the debt owed, you cannot afford the fees charged

If necessary I can help with filling any of the Forms in.

[labman]

Re: A joke

N244 Link below:

http://hmctscourtfinder.justice.gov....s/n244-eng.pdf

I suggest you get the ball rolling asap.

[Patchie]

Re: A joke

Had a letter back from the people I owe money to. They will not take the debt back, though they would accept monies direct to cover the debt and their basic costs though whatever HCC consider their fair fees (another joke) though i find they were given the job by another collection (Hilton Baird)agency. The plaintiff received £380 from the £1000 they got from me the first time. They have protested to their people but surprise surprise they are denying it. I have sent letters to the Northampton Bulk Court Manager and to other bodies including Mind and CAB. I am trying to see if I can get video footage as I have realised that all this took place under the Council camera in the car park but I don't think that will work.

I thought I was doing OK but this with other things has really brought me down very hard. It is me against the world again and I am not sure if I can stand it.

I have written to HCC to get a breakdown of fees. I just don't know what else to do.

[Hurricane Puffrose]

Re: A joke

firstly its not you against the world Patchie, its US against the idiots.
You now have LB behind you and someone there for you 24 hours a day, literally just shout out and we will be here.
PLEASE don't ever feel alone, you have friends here, and they are good good people!

The CCTV evidence is a fantastic idea, and the breakdown of fees, again great idea!

There is always hope, its just atm, its hiding very well. No-one can be strong 24 hours a day 7 days a week, and sometimes we all need to shout out and have a shoulder to cry on, its not a bad thing, its a BRAVE thing to do. You are doing great, your standing up to the bullies and saying to the world I will NOT give in to this, only this time.. you have us Yobbos with you