HCE help needed

[30loom]

my husband is a sole trader (landscaper) he did a job at the home of a person who supplied him artificial grass for clients, this man owed my husband money so the next job he did he kept what was owed to him from the artificial grass. This person then put a judgement against him, now he has high court enforcement on him the problem is they've listed my car and my daughters car to be removed, we have no money and can't afford to pay the £3600 they requested. My husband has sat back and let this person do all this without putting a claim against him, This person has also had my husband wrongfully arrested for slashing his tyres, he was arrested at 2.30 am for something he didn't do and spent all day locked up they also took his phone ( his business mobile) for forensic evidence for two weeks, made him have an ID parade for the so called witness to fail to pick him out. ALL CHARGES WERE DROPPED but i feel he's harrassing us.

I know this is long winded but any advice would be brilliant, as we don't know what to do or where to start.

[bluebottle]

Re: HCE help needed

Hi and welcome to Legal Beagles.

The first thing you and your daughter need to do is put in Third Party Claims in respect of your respective cars. The HCEO knows he/she cannot seize third party goods. This needs to be done asap. Also, your husband needs to apply for a Stay of Execution which would put things on hold.

With regard to the "Who Owes Who What" element of your post, it sounds like your husband did something called Off-Setting, where any money owing to the artificial grass supplier is withheld because Artificial Grass Man owes your husband money.

As far as the police involvement goes, I can tell you, being ex-police, that what Artificial Grass Man did was and is very serious indeed. It is a criminal offence, punishable by imprisonment, to make a false report to the police that a crime has been committed, knowing that to be false, and to accuse another of committing a criminal offence, knowing that they have not committed any offence. It would also appear that Artificial Grass Man involved a third party to act as his "eye witness" and who, subsequently, could not make a positive identification of the alleged offender. That is very serious, indeed, and both Artificial Grass Man and his "eye witness" could be in very serious trouble indeed.

Notwithstanding any action the police may or could take, there is also the matter of Artificial Grass Man making a civil claim.

Before providing any further advice, could you answer the following questions, please -

1. Did your husband receive any correspondence from Artificial Grass Man prior to the HCEO turning up on your doorstep?
2. Did your husband respond to any court papers that were sent to him in connection with this matter?
3. Was your husband aware a CCJ had been made against him?
4. How many hours did your husband spend in police custody?
5. Which firm of HCEOs is involved?
6. Which police force is involved?

I am going to ask one of our members who is an expert in High Court Enforcement to look in on this thread and offer further advice.

[CleverClogs]

Re: HCE help needed

Artificial Grass Man

Is that like an immature Straw Man? :grin:

[bluebottle]

Re: HCE help needed

Is that like an immature Straw Man? :grin:

I believe it's the cheap plastic version, imported from Taiwan. :grin:

[MissFM]

Re: HCE help needed

my husband is a sole trader (landscaper) he did a job at the home of a person who supplied him artificial grass for clients, this man owed my husband money so the next job he did he kept what was owed to him from the artificial grass. This person then put a judgement against him, now he has high court enforcement on him the problem is they've listed my car and my daughters car to be removed, we have no money and can't afford to pay the £3600 they requested. My husband has sat back and let this person do all this without putting a claim against him, This person has also had my husband wrongfully arrested for slashing his tyres, he was arrested at 2.30 am for something he didn't do and spent all day locked up they also took his phone ( his business mobile) for forensic evidence for two weeks, made him have an ID parade for the so called witness to fail to pick him out. ALL CHARGES WERE DROPPED but i feel he's harrassing us.

I know this is long winded but any advice would be brilliant, as we don't know what to do or where to start.

Assuming you mean a CCJ, did your husband defend it? In court?

[ploddertom]

Re: HCE help needed

Did your OH have any prior knowledge of the CCJ? If so did he acknowledge service? Did he also defend or counterclaim or make offer of payment? Dependent on the answers will dictate what route to take.

As for the supposed levy thenthey may only seize those goods of the debtor and as has been mentioned already you need to submit a 3rd party Claim for the goods seized, this should be done ASAP and may be sent initially by email followed by a copy in the post - you will need to submit proof of ownership.

[30loom]

Re: HCE help needed

thank you all for advice my husband hasn't responded to anything he also hasn't signed anything he did receive court papers but buried his head in the sand so to speak regarding custody the police came looking for a black jacket but took a blue one also description was of tall thin built man with stubble my husbands large built with a beard he also named my husband in his statement by name, he spent 13 hours in custody while they searched the vehicles and house looking for this so called blade.The police force is lancashire police force and all thats on the letter is High Court Enforcement Company LTD.

[bluebottle]

Re: HCE help needed

thank you all for advice my husband hasn't responded to anything he also hasn't signed anything he did receive court papers but buried his head in the sand...

He needs to get his head out of the sand...NOW!

...so to speak regarding custody the police came looking for a black jacket but took a blue one. Also, description was of tall thin built man with stubble. My husbands large built with a beard...

PC Plod needs to go to Specsavers as well as order a pair of steel-reinforced boxer shorts to protect his nether regions from the kicking he is likely to get from his Superintendent.

He also named my husband in his statement by name.

A copy of this statement would be useful.

He spent 13 hours in custody while they searched the vehicles and house looking for this so called blade.

How do the police justify detaining him for that length of time? A copy of the custody record is required.

The police force is Lancashire Police force...

Say no more.

..and all that's on the letter is High Court Enforcement Company Ltd.

This lot by any chance? http://www.hcegroup.co.uk/ Whatever, your husband needs to obtain a Stay of Execution without delay and you and your daughter need to submit Third Party claims to the HCEO without delay.

Check your home insurance and see if you are covered for legal expenses. A claim for Wrongful Arrest/Unlawful Detention/False Imprisonment for 13 hours in police custody is going to carry substantial damages. I doubt Artificial Grass Man will find Imodium strong enough to control his bowels when he receives a formal claim for damages. You will need a legal professional to deal with this, as your husband appears to be doing an impersonation of an ostrich.

[30loom]

Re: HCE help needed

no legal expense

[ploddertom]

Re: HCE help needed

As he has stuck his head in the sand it is going to be difficult to have the Judgment Set Aside. Is the sum the CCJ was for the same as that he withheld payment for? How long ago was the CCJ awarded?

[bluebottle]

Re: HCE help needed

Although the CCJ was, in all probability, obtained by misleading the court - and that is putting it mildly - it has enabled Artificial Grass Man to obtain a High Court Writ. Couple this to the false allegations to the police and it is fast becoming clear that Artificial Grass Man's claim is as artificial as his grass.

Your husband does need to heed Ploddertom's advice.

[30loom]

Re: HCE help needed

ccj awarded october, it was for the cost of the grass my husband kept but he owes my husband more than what the grass was worth

[30loom]

Re: HCE help needed

also forgot to say his eye witness was a friends daughter, and when the case was dropped police didn't ring us to tell us directly they rang my mum who had absolutely nothing to do with the case as they couldn't even be bothered to come to her for a statement,

[CleverClogs]

Re: HCE help needed

ccj awarded october, it was for the cost of the grass my husband kept but he owes my husband more than what the grass was worth

Time to "grass him up" to the tax man?

[CleverClogs]

Re: HCE help needed

I doubt Artificial Grass Man will find Imodium strong enough to control his bowels when he receives a formal claim for damages.

There are alternatives to loperamide hydrochloride.

http://www.amazon.co.uk/Titus-Rubber.../dp/B00DUUNOZU