HCEO notice of seizure

[Blackstar]

Hi friends,

Would appreciate a little help if possible?

I have just received a hand posted notice of seizure from Andrew Wilson & co, through my letter box at home.

The notice give details of the claimant, sheriffs fees and the court details etc,.. but only page 1 & 2 are there and page 3 is missing... I presume that is the actual form 55.

I know im going to have to speak to the claimant in ref to the debt. As some of it is disputed for faulty goods from a supplier and come to an agreement. The only reason why I haven't so far is due to my business closing down and financial difficulties and i'm now trying to work from home.

As I've been out from my business premises for a few months I've never actually received a summons to court, and only 2 weeks ago I spoke to there company rep to arrange to meet up and pay him some money off what I believed I owed, and to discuss my credit note. (He never called me as agreed, so no payment was made).

I will also write to the court and try get the judgement set aside so I can sort the dispute out... but my concern is the notice has my home address on, can the HCEO break into my home when i'm out? they've never been allowed entry and don't intend to allow them entry.

The fees are actually higher than the original debt the claimant has made!! :/

I would really appreciate any help and advice from anyone.

Thanks

[ploddertom]

Re: HCEO

What status did you trade as?

[Blackstar]

Re: HCEO

Hi Ploddetom, Sole trader.

Thanks

[wales01man]

Re: HCEO

As a sole trader they can come to your home you are Personally liable and they can take your possessions.
You need to act fast to try and sort this before the HCEO comes back .

[Blackstar]

Re: HCEO

Do I have to let them in or can they break in without first gaining peaceful entry?

thanks

[Blackstar]

Re: HCEO

Do I have to let them in or can they break in without first gaining peaceful entry?

thanks

[wales01man]

Re: HCEO notice of seizure

From what I read on the sheriffs office website they cannot ,take a look at that site and other HCEO sites for more info.
First advice is to find out what its all about

[Blackstar]

Re: HCEO notice of seizure

Will make some calls today.. thanks for that

[ploddertom]

Re: HCEO notice of seizure

The time I can spend on advice sites is at present limited so any responses I make may be erratic.

A HCEO visiting your home has no automatic right of entry regardless of anything he may say. He may only enter by peaceful means - usually by you inviting him in and that is a very bad idea. Providing he cannot gain entry or otherwise make a levy on goods outside then he is stuffed like the proverbial kipper - please note he may however force entry to any detached buildings on your premises - garage, workshop, shed, greenhouse etc if he believes it contains items that may help settle the outstanding debt.

He may make 3 or 4 visits then hand it back to the creditor. The Writ itself is valid for 12 months and may be renewed on request. If the HCEO does hand it back there is nothing to stop the creditor employing the services of another HCEO.

In my view you are wasting your time trying to get this set aside as you admit you owe a debt to the creditor if only a differing amount. Only if you can afford to pay what is outstanding would this be a feasible idea. You could instead apply for a Variation Order whereby you pay a set amount each month dependent on financial circumstances. You can also apply for a Stay of Execution against the HCEO but if you hold him at arms length I don't think you need to go down this route.

[Blackstar]

Re: HCEO notice of seizure

Hi Ploddertom,

Thanks for getting back to me,

Ive had another notice posted this morning from the HCEO, He is claiming a levy on a car which does not belong to me, and if I don't respond to the notice, he will
call AM or PM to cease it.

The car is registered and owned by my stepfather, and he allows me to use it for work (I am insured to drive it, but not the owner).

Do they not have to do a DVLA check first?

Thanks

[ploddertom]

Re: HCEO notice of seizure

The fact it is nearby gives them cause to seize it, however they really should have checked first. Your stepfather himself must make a claim of ownership for the vehicle providing some form of proof it is his - the V5 only discloses who the Registered Keeper is - it would be better if he had a sales receipt or could show how he paid for it. Failing that he should make a Statutory Declaration as to ownership. You are given 5 days from the date of seizure to do this or otherwise they may just lift it and argue afterwards - mind it could certainly cost them should they do this.

[Blackstar]

Re: HCEO notice of seizure

My Stepfather called him today and told him the car belonged to him. The HCEO said they had sent a dvla check and they normally come back within 48hrs.

He also said, if its belongs to someone then the levy is irrelevant against the car.

I will have to see if he still has the receipt.

Again, Thanks for coming back to me.