unfair charges by high court enforcement company

[sidders]

Hi, i have been paying a debt[£990] for the last 18 months, at £50 a month. I phoned the enforcement company last week to find out how much more I owed [assuming that it had been paid] and was told that I still owed £927.30. I asked for a statement, 1st one in eighteen months, that shows a lot of charges that were unknown to me. The chap I spoke to says I should have had a statement of their charges at the beginning, but I definately did not.
I need to know where I stand before getting into slanging matches with them. Thanks for any help.

[labman]

Re: unfair charges by high court enforcement company

Your best way forward is to give a summary of the history with dates (if possible) and then post up the fee list you have. We can help you then.

[sidders]

Re: unfair charges by high court enforcement company

Thanks labman, I need to explain that I have never seen a bailiff. Some of the fees do not appear to apply to me.
Here is the statement that they [Andrew Wilson and co.] have sent me
Amount of judgment £799.21, Fixed costs on judgment £30.00, execution costs £101.75, accrued interest £156.54, Total due claimant £1,087.50
Enforcement officers fees, percentage fees £29.69, mileage fees £41.85, seizure fee £2.00, enquiry fee £4.00, walking possession fee £137.08,
enforcements under fee £250.00, no sale inventory fee £54.38, disbursements under fee 12 £122.50, VAT £128.30, Total enforcement fee =£769.80. They have also charged £300.00 enforcements [reattendance], £27.00 case set up fee, and £120.00 instalment arrangement set up fee. They also charge me £12.50 plus VAT every month, that is taken from the £50.00 a month that they receive from me, leaving only £35.00 going to the claimant. Nice work if you can get it. I know they will say that I had a copy of their charges, their word against mind, I assume.
There is no way in this world that I would agree to pay these charges if I had known about them from the start. I would have found the money somewhere.

[pepsie]

Re: unfair charges by high court enforcement company

Judgment debt 799.21
fixed costs to Judgment debt 30.00
The above seem to be ok but ..... does the ccj state interest ?......is this a commercial debt if yes were you trading as sole trader or Ltd Company?

Moving on to the transfer up to Writ of fi'fa:

I can only calculate what is valid if you can supply the following:

Did you ever get a visit whereby a form 55 notice of seizure was 'posted' through your door?
Did you ever get a list of the goods allegedly seized?
Did you ever allow them into your home?

It would be advisable to invest in sending them a SAR it costs £10 but will likely be the best £10 you could ever spend, once they get it they have 40 days to comply...they will be required to send you everything relating to your case and gives you a very clear picture to the hidden charges applied to your account which will be arguable either at a detailed assessment hearing or by way of N1 claim.

[labman]

Re: unfair charges by high court enforcement company

Thank you Pepsie.

Sidders - you have access to the support you need now, so make the most of it. Pepsie is brilliant!

[sidders]

Re: unfair charges by high court enforcement company

Hi folks, thanks for your help so far.
It is a commercial debt and I did have a limited company that I had to close due to the recession, forcing me to claim job seekers allowance.
I assume I must of had a 55 notice posted through the letter box, that time in my life is a bit of a blur as I was suffering from bad depression after losing everything that I had worked so hard for.
I definately did not see, or speak to a bailiff at my home and no inventory of goods taken, and no bailiffs entered my home. All I can remember is phoning Andrew Wilson and co. and offering to pay £50 a month which was accepted.
Where can I get a SAR from? Thank you.

[ploddertom]

Re: unfair charges by high court enforcement company

Do you still have all the original paperwork? You need to know whose name the CCJ is in as there is a good chance if your Ltd Co folded then the debt may have died with it. How old is the CCJ & more importantly how old is the Writ that the HCEO has?

[pepsie]

Re: unfair charges by high court enforcement company

This is the basis of the letter you need to send for the SAR...there are those that say get proof of posting but considering who it is you are dealing with and their history to denying receipt of SAR's I would suggest you send it signed for/recorded delivery and track it as received.

The questions PT raise are very important and you will get a copy of the writ with the SAR....do you still have a copy of the CCJ and the original paperwork left by the HCEO?


"From:
My Name
My Address


To:
Acme Bailiff Co
Bailiff House

Date

Dear Sir
Data Protection Act 1998
Subject Access Request

Dear Sir


Please supply a complete list of ALL the data held and used by you that relate to Mr XXXX. It is also to include third party information held with all other agencies.

Additionally where there has been an event in the account(s) history during the period accounts have been placed with you that have required any manual intervention by any member of your staff or any other person I require disclosure of any indication or notes which have been caused or resulted from that manual intervention.

I would like to bring to your attention data can be held in written information, e-mails, electronic documents, photographs, CCTV images, telephone conversations and include any recorded or written opinions about me/us and any recorded or written intentions and action taken regarding me/us.

I/We would like this information to be sent to my/our home address as listed above. You have 40 days in which to comply.

To satisfy payment to supply this information I/we enclose a fee of £10 this payment must not be used for any other purpose.


Yours sincerely


A Peeved Debtor"

[wales01man]

Re: unfair charges by high court enforcement company

Is the debt in the name of the OP or his LTD company not very clear

[CleverClogs]

Re: unfair charges by high court enforcement company

Is the debt in the name of the OP or his LTD company not very clear

One must surely presume it is in his own name as, if it had been in the name of his Limited Company - another "person" in law - the HCEO might be said to have taken money by false pretences.

[sidders]

Re: unfair charges by high court enforcement company

One must surely presume it is in his own name as, if it had been in the name of his Limited Company - another "person" in law - the HCEO might be said to have taken money by false pretences.

Have written the letter and will post it today, Thanks for your help so far, will let you know what happens when I hear back from the them