Help with HCEO

[h2013]

Re: Help with HCEO

Hi again,

I'm back with an update to the previous posts;

We didn't hear anything from the man who visited my mother's house until a letter was received through the post last night (27th Sept).

The letter is from 'High Court Collections' and states;

'Dear Madam,

I have been directed effect personal service of a Statutory Demand issued under the Insolvency Act 1986, a copy of which is/not enclosed for your information. ((Nothing enclosed))

I have already attended at your address without meeting with you.

I will now attend at your address on 4th October 2013.

At 15:00 hours for the purpose of servicing you personally with such Statutory Demand.

If this is not convenient then please telephone me on ... as soon as possible to arrange another appointment, or a solicitor may accept on your behalf.

It is my duty to inform you that should you fail to attend the above appointment, or any other made in lieu thereof, substituted service of the said Statutory Demand shall be deemed to have been effected;

By way of advertisement in the daily press or by insertion of same through your letterbox.

Yours Sincerely,

... ...

High Court Enforcement Agent'

A quick check of their website confirms this man is not a HCEO as he told my mother, but the Operations Manager whos duties state he 'is responsible for the Operational Excellence within the company and to ensure that we comply with the high Ethical standards that we have set.'

Do you have any advice on what to do next and what exactly these people can do?

I will obviously be making a complaint about his behavior so far.

[Amethyst]

Re: Help with HCEO

Well it appears this man is not an HCEO as claimed just a debt collector who is popping round a stat demand. He's not on the register as far as I can see. If you look at his linkedin and the companies website 'about the team' bit on him they don't quite match up. You have his details now so can do some more checking with the High Court etc. and the guys on here will have a better idea than me of looking him up.

Is this CCJ definately listed in your DRO ?

When does your DRO last until ?

How much is the total debt due ?

[h2013]

Re: Help with HCEO

Thank you for the reply.

Just need to work out what to do next with these people as clearly something isn't quite right. I will be writing a letter to this man before his proposed appointment and I would assume I should ask for details of their complaints procedure?

I have just checked my DRO and it is definitely listed for £1,650. My DRO started on the 5th of September.

[ploddertom]

Re: Help with HCEO

High Court Collections are one of the "new kids on the block". Obviously it appears they are acting as process servers. http://www.highcourtcollections.com/

For HCEO's you have 1 person who will be named as a an Authorised HCEO and he may be found on the list of HCEO's at http://www.hceoa.org.uk/members/auth...directory.html . He in turn is empowered to instruct any individual to act on his behalf as an Enforcement Officer. The Enforcement Officer will usually not appear on any list you may search although some are also Certificated Bailiffs.

[h2013]

Re: Help with HCEO

Re: post#13 - this seems to be what has happened then do you think?

I understand this man is acting on behalf of a HCEO yet has not acted the way in which a HCEO is supposed to act. Is there grounds for a complaint against the company or is this man not supposed to follow the same code of conduct as a HCEO?

Do you also have any advice regarding the Statutory demand?

Thank you

[ploddertom]

Re: Help with HCEO

Re: post#13 - this seems to be what has happened then do you think?

I understand this man is acting on behalf of a HCEO yet has not acted the way in which a HCEO is supposed to act. Is there grounds for a complaint against the company or is this man not supposed to follow the same code of conduct as a HCEO? I doubt whether there will be any mileage in this as it is your word against his & they are more likely to believe their own turn of events.

Do you also have any advice regarding the Statutory demand? Sorry don't know much about these only that they are supposed to be a precursor to Bankruptcy.

Thank you

Looking back over your thread it appears that it is your mum they are chasing - did she stand as Guarantor at any stage? Although I have said making a complaint to them will probably serve no purpose you could however complain to the High Court Enforcement Officers Association and see if that elicits a response complaints@hceoa.org.uk or better still talk to them, I'm reliably informed they will ring you back if you leave a message 08448 244575, have a read of http://www.hceoa.org.uk/regulatory-i...-complain.html

[h2013]

Re: Help with HCEO

I will most certainly be making a formal complaint against this company and am in the process of writing a letter to my former landlord on behalf of my mother. I will also be writing to him myself.

My mother was asked to act as guarantor yes. There are many discrepancies with the agreement she signed as it does not relate to the property or myself. She also paid some of my deposit yet my former landlord did not include her details when he protected the deposit. He didn't provide the Prescribed Information (which wasn't complete) to me until near the end of April last year, and she has never received anything from him despite requesting documents many times.

He also served a section 21 notice on me whilst I was living in the property yet hadn't protected the deposit properly so as I understand, a section 21 would be invalid. Regardless he swore in court that he had complied with everything required of him and did the same with a Stat Dec to the DPS. Obviously a whole lot of lies but I was too scared by his threats of being thrown out on the street to argue at the time!

[ploddertom]

Re: Help with HCEO

With all the differing issues you have I can only suggest you should seek proper advice from a legal professional. There are many who do 30 minutes free or fixed fee interviews.

[h2013]

Re: Help with HCEO

Thank you, I have just read that you can apply to have a Stat Demand set aside if you have a claim against the creditor which is equal to or more than the debt.

A letter has been sent to my former ll from my mother, and I will be making separate complaints against HCC.

[ploddertom]

Re: Help with HCEO

By all means make a complaint about HCC, I have been given the impression that the HCEOA are collecting complaints against them due to the way they carry out instructions.

[bluebottle]

Re: Help with HCEO

Under Section 135, County Courts Act 1984, it is an indictable offence, punishable by up to seven years' imprisonment, for anyone to pretend to be acting under the authority of a court. The Act does not specify what "pretend to be acting under the authority of a court" means, so it probably has quite a wide meaning. This is what Ploddertom is alluding to in Post #11. The courts take a serious view of those who behave in such a manner.

[h2013]

Re: Help with HCEO

Just seen these last two posts, thank you both once again.

No reply from ll as yet but an email was sent to HCC this morning with a copy of the letter to my former ll. Also explained that the proposed appointment was not convenient and that we clarify the position once ll has responded.

As stated the man who visited claimed to be a HCEO and signed his letter as a High Court Enforcement Agent. His job title is 'Operations Manager' and it does not say that he is either of the above in his job description.

Would this apply to post #11 and #26 as he has clearly been very misleading on both occasions?