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On 17th September 2012 we had a judgement made against us for the sum of £2108.63 in favour of the creditor. This was passed to High Court Enforcement (Colwyn Bay) on 25th September 2012 before we had even had a chance to pay and we had no communication from the claimant or their solicitors.
The address on the judgement was our registered address. My home address. On the 24th October 2012 I came home to a standard form from HCE claiming that the amount was now £2851.12.
We heard nothing more from HCE or the creditor or their solicitor and we wrote to them on 26th November 2012 with a payment proposal to clear the judgement. Enclosed with this proposal was a cheque which was subsequently banked. The claimant did not reply to our letter or our request for bacs details which we found out later from an acquaintance at a local competitor to us. We continued to make paymentsof £200 per month by bacs. Nothing, either verbally or in writing was said about these payments.
On 9th May 2013 I was notified that a HCE representative (uncertified) was at a self-storage company where we have deliveries made to. The unit here is in the name of my sole trading name not our Ltd company. Unfortunately the staff at the storage company showed the HCE man the unit (as the police would not attend – civil matter) and he cut the lock off and threatened to take all of the contents unless we paid. The amount he now wanted was £4108.63. He was unaware that payments had been made to the creditor and neither were their solicitors. The HCE man agreed that I should pay £1100 for his costs for him to leave as I had explained to him that the unit he had broken into was not in the name of the ltd company. I gave him a cheque for that amount which I cancelled straightaway. The address on the writ had now been changed to one similar to that of the storage company . This address technically does not exist.
I contacted the creditor about this and they said I had to speak to their solicitors. When I spoke to their solicitors I was told that they were awaiting instructions from the creditor and that I should pay the full £4108.63 even though we had made payments totalling £800 already. I called the creditor back and I was told by the accountant that he‘thought he had cancelled the writ’ but he was waiting for instructions from their solicitors. Absolutely no will to resolve the matter and the solicitors were pushing to have goods removed.
On 19th May I faxed (twice) and emailed (readreceipt) HCE asking them for a breakdown of their costs. I never got a reply or a response of any kind.
At about 8:15am on 20th May I was contacted by the storage company to say that the HCE man had by passed reception and had gone straight to the unit and cut the lock off and was going to proceed to remove goods. Most of the goods in this unit were faulty (awaiting repair) and belonged to customers. In order for him to leave I had to pay £5619.36. Under duress, I paid this amount by card over the phone and the HCE man left.
No goods were even moved let alone taken on both occasions that the HCE man broke into the unit. There is no list of goods either.
I subsequently called my bank and started proceedings for a chargeback. The full amount was credited back to my account.
On 21st May 2013 I wrote a letter to HCE requesting information with regards to their charges. I only got a reply to this on 17th June and it was sent to the address on the amended writ (the storage company). Attached to the letter was a cheque for £500 (for theovercharging of fees) which I have not banked. It was only by luck that I found the letter in an adjacent building when I went in there to collect a parcel.
The amount now owed on the original judgement to the creditor is £808.63.
Can anyone shed some light on how I go forward on this as when the chargeback is realised they will be back.
I am really annoyed at the way all the claimant parties have acted over this and I am speechless at the blatant extortion carried out by HCE. Can I pursue the HCE man and HCE for fraud?
I admit the full judgement amount and we are making effortsto pay it off.
The address on the judgement was our registered address. My home address. On the 24th October 2012 I came home to a standard form from HCE claiming that the amount was now £2851.12.
We heard nothing more from HCE or the creditor or their solicitor and we wrote to them on 26th November 2012 with a payment proposal to clear the judgement. Enclosed with this proposal was a cheque which was subsequently banked. The claimant did not reply to our letter or our request for bacs details which we found out later from an acquaintance at a local competitor to us. We continued to make paymentsof £200 per month by bacs. Nothing, either verbally or in writing was said about these payments.
On 9th May 2013 I was notified that a HCE representative (uncertified) was at a self-storage company where we have deliveries made to. The unit here is in the name of my sole trading name not our Ltd company. Unfortunately the staff at the storage company showed the HCE man the unit (as the police would not attend – civil matter) and he cut the lock off and threatened to take all of the contents unless we paid. The amount he now wanted was £4108.63. He was unaware that payments had been made to the creditor and neither were their solicitors. The HCE man agreed that I should pay £1100 for his costs for him to leave as I had explained to him that the unit he had broken into was not in the name of the ltd company. I gave him a cheque for that amount which I cancelled straightaway. The address on the writ had now been changed to one similar to that of the storage company . This address technically does not exist.
I contacted the creditor about this and they said I had to speak to their solicitors. When I spoke to their solicitors I was told that they were awaiting instructions from the creditor and that I should pay the full £4108.63 even though we had made payments totalling £800 already. I called the creditor back and I was told by the accountant that he‘thought he had cancelled the writ’ but he was waiting for instructions from their solicitors. Absolutely no will to resolve the matter and the solicitors were pushing to have goods removed.
On 19th May I faxed (twice) and emailed (readreceipt) HCE asking them for a breakdown of their costs. I never got a reply or a response of any kind.
At about 8:15am on 20th May I was contacted by the storage company to say that the HCE man had by passed reception and had gone straight to the unit and cut the lock off and was going to proceed to remove goods. Most of the goods in this unit were faulty (awaiting repair) and belonged to customers. In order for him to leave I had to pay £5619.36. Under duress, I paid this amount by card over the phone and the HCE man left.
No goods were even moved let alone taken on both occasions that the HCE man broke into the unit. There is no list of goods either.
I subsequently called my bank and started proceedings for a chargeback. The full amount was credited back to my account.
On 21st May 2013 I wrote a letter to HCE requesting information with regards to their charges. I only got a reply to this on 17th June and it was sent to the address on the amended writ (the storage company). Attached to the letter was a cheque for £500 (for theovercharging of fees) which I have not banked. It was only by luck that I found the letter in an adjacent building when I went in there to collect a parcel.
The amount now owed on the original judgement to the creditor is £808.63.
Can anyone shed some light on how I go forward on this as when the chargeback is realised they will be back.
I am really annoyed at the way all the claimant parties have acted over this and I am speechless at the blatant extortion carried out by HCE. Can I pursue the HCE man and HCE for fraud?
I admit the full judgement amount and we are making effortsto pay it off.
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