• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Help with HCEO

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Help with HCEO

    Hi there,

    In April 13' a ccj was awarded against myself for rent arrears at my previous address. I did admit to some arrears but had paid 2 months rent in cash to my ex ll and am still waiting for the receipt. Very stupid, but I had no reason to doubt this man at the time.

    My ll took me to court for three months arrears and won. I had no way of proving what I had paid apart from the amounts being drawn out of my bank but the judge didn't accept that.

    My ll did not serve me with Prescribed Info until April 2013, the ast started in March 2010 and although my mother paid half of my deposit, my ll didn't give her the Prescribed Info either. He refuses to accept that she paid half the deposit even though he took it from her and his wife was present. She also has a receipt from him that all 3 of us signed. The deposit amount was altered when I paid my half and was given another receipt. As my mother wasn't present then, she didn't sign it. This is what he is going on as his 'evidence' that it was only me who paid the deposit.

    Long story short...we hadn't heard anything from him since April (after we had requested certain documents relating to the tenancy and deposit...unsuccessfully) and thought he had gone away as we had told him any further action would result in proceedings being brought against him for the Prescribed Info error. One months rent was paid to him out of my deposit and I was happy with that as I did owe it. I was recently awarded a DRO and the remainder of this debt was included.

    Last night my mother had a visit from a HCEO who didn't give a name, shouted through her intercom that I was subject to a DRO and she was liable for the remainder of the CCJ. She didn't let him in, and told him to put everything in writing.

    I have spoken to the Royal Court of Justice this morning and they have no record of this on their system. My local Court have said that my ll has had the CCJ transferred up to them, however they know nothing about it. My local Court were not aware that I had been granted a DRO either yet the HCEO knew.

    They have advised me to call Sherforce but I would just like some advice first on their powers, whether we are able to stop any further action or basically what's the best option from here?

    Thank you
    Tags: None

  • #2
    Re: Help with HCEO

    Have Sherforce left any paperwork?

    Comment


    • #3
      Re: Help with HCEO

      Hi there,
      I bit the bullet and called Sherforce...really helpful man who knew nothing about this. He confirmed it was definitely not one of their guys who called round, and had no record of the claim number.

      He said basically whoever it is, don't let them in, and to contact my local Court again as they would have the info. They say they don't! They have said the Royal Court of Justice will have all the info but they don't. Royal Court of Justice said Sherforce would have the info, and obviously they don't. One big circle!

      No paperwork was left by the man who came round, and he didn't say where he was from. All he said was that he was a HCEO and because I now have a DRO, my mother was fully responsible for the amount.

      Comment


      • #4
        Re: Help with HCEO

        How did you come to think it was Sherforce then?

        Comment


        • #5
          Re: Help with HCEO

          The man in enforcement at the Royal Court of Justice told me if a HCEO was involved then they would be from Sherforce.

          My local court have no idea who the man was that visited as they say they have nothing to do with HCEO's.

          Comment


          • #6
            Re: Help with HCEO

            I know this sounds all over the place, but I really am completely baffled as to what's going on.

            My local Court have just told me that they sealed the document and sent it back to the claimant, no solicitors are acting for him. It hasn't been lodged at the High Court and the High Court have no record of it. Sherforce told me my local Court would have info from the High Court as to what HCEO was acting. Nobody has any record of any HCEO acting to recover the amount and he didn't leave any contact info, or introduce himself to my mother.

            Surely this is really bad practice?

            Comment


            • #7
              Re: Help with HCEO

              Originally posted by h2013 View Post
              The man in enforcement at the Royal Court of Justice told me if a HCEO was involved then they would be from Sherforce. It actually could have been from a number of different HCEO Co's.

              My local court have no idea who the man was that visited as they say they have nothing to do with HCEO's. See Below
              What they say may be correct, however I would ring them back and ask if a Warrant of Execution has been issued for the County Court Bailiff to attend. Failing that then you have no option but to contact the Claimant and ask what they are up to. Does sound as if he is trying to take things into his own hands.

              Comment


              • #8
                Re: Help with HCEO

                Thank you for that, I just called them and no Warrant of Execution has been issued.

                From a legal stance, can the claimant take matters into his own hands? Or would the writ have to be lodged at the High Court?

                Comment


                • #9
                  Re: Help with HCEO

                  Originally posted by h2013 View Post
                  Thank you for that, I just called them and no Warrant of Execution has been issued.

                  From a legal stance, can the claimant take matters into his own hands? Or would the writ have to be lodged at the High Court?
                  Usual procedure is something similar to this:

                  You have CCJ for in excess inl costs of £600
                  You don't pay it
                  There is a possibility that to enforce it , it will be transferred to High Court
                  Usual stance is that they can apply for their own Writ but more likely hand it over to HCEO Co and they will apply
                  If granted then Writ is sealed by High Court or a County Court acting as a District Registry of the High Court
                  HCEO can then attend

                  Enforcement of a CCJ can take a few different forms - Warrant of Execution, Writ of Fi Fa, Third Party Debt Order etc. In each case there is specific paperwork. I suspect your Claimant has been naughty and tried it on by either employing a "strong arm" man or Debt Collector. If so could certainly be classed as harrasment.

                  If anyone else calls then ask to see paperwork and where they are from.

                  Comment


                  • #10
                    Re: Help with HCEO

                    Thank you so much for your help ploddertom!

                    We will wait to see if the man visits again and will just ask where he is from and go from there.

                    With regard to the harassment issue, would the claimant and the 'HCEO' both be responsible if we put in a complaint to the Court?

                    Comment


                    • #11
                      Re: Help with HCEO

                      Originally posted by h2013 View Post
                      Thank you so much for your help ploddertom!

                      We will wait to see if the man visits again and will just ask where he is from and go from there.

                      With regard to the harassment issue, would the claimant and the 'HCEO' both be responsible if we put in a complaint to the Court?
                      If it turns out to be a "pretend" HCEO then I would say a visit to the local Magistrates Court could result in a custodial sentence & if it could be proved the Claimant is complicit then they too could run the risk of a spell with Her Majesty.

                      On the other hand if it is real then there is not a lot you can do.

                      Comment


                      • #12
                        Re: Help with HCEO

                        It may pay you to have a chat with your local Police about this on the principle you may have been visited by a bogus HCEO - if so he is impersonating an Officer of the Court I believe. If they are fore warned & he turns up again and cannot provide proof of who he is or who he represnts then the boys in blue are already warned about him and could take immediate action. If it is all down to genuine misunderstanding then nothing has been lost.

                        Comment


                        • #13
                          Re: Help with HCEO

                          So if the HCEO is genuine, but the claimant has hired him without lodging the Writ at the High Court, and the HCEO has failed to identify himself, and shouted my personal information through an intercom I'm not able to make a complaint?

                          Comment


                          • #14
                            Re: Help with HCEO

                            Originally posted by h2013 View Post
                            So if the HCEO is genuine, but the claimant has hired him without lodging the Writ at the High Court, and the HCEO has failed to identify himself, and shouted my personal information through an intercom I'm not able to make a complaint?
                            I would be very surprised if that is what has happened.

                            Comment


                            • #15
                              Re: Help with HCEO

                              Sorry, I didn't see post #12

                              The County Court have sent the sealed document back to the claimant, but that's where the paper trail ends. So the claimant has definitely approached 'someone' to enforce the Writ. I just can't find out who that is until his next visit.

                              I will do as you say and give the Police a call just so that they are aware. I am just really suprised that a genuine HCEO would have just turned up and acted as he did. Hopefully it is a 'strong arm man' or a debt collector!

                              I will keep you posted, and once again thank you for your help!

                              Comment

                              View our Terms and Conditions

                              LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                              If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                              If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
                              Working...
                              X