HELP!! - HCEO Fee's 'The Sheriffs Office'

[DHCrewdog]

HELP!! I had an unexpected and unpleasant visit from a HCEO employed by 'The Sheriffs Office' for a debt at a previous address (another help coming elsewhere). What made me very upset were the fee's charged by the HCEO as shown below. The HCEO did not remove any property or goods and only handed me a Form 55 stating that he had levied against a vehicle (which as it happens I use as part of my employment, no not commuting as I work from home).
Firstly what the heck do I do about my vehicle? As I understand it he can not levy a vehicle used during the course of my employment, but how do I get the levy removed?
Secondly what do I do about the fees he is charging? There is no way I can afford legal fees and I cann't get legal aid.

[bluebottle]

Re: HELP!! - HCEO Fee's 'The Sheriffs Office'

One of our members who is an expert in High Court enforcement will be along soon to advise. Although the HCEO firm involved is one of the better ones, some of the fees look a bit iffy. However, hang on in there for help to arrive.

:bump:

[wales01man]

Re: HELP!! - HCEO Fee's 'The Sheriffs Office'

If Bailiffs and HCEOs were nationalised with the fees they charge we could clear the deficit in no time?

[ploddertom]

Re: HELP!! - HCEO Fee's 'The Sheriffs Office'

What type of vehicle and what makes you think it is exempt from seizure?

[ploddertom]

Re: HELP!! - HCEO Fee's 'The Sheriffs Office'

Did you owe the money? Was the sum claimed correct?
Did you know about the original CCJ?
Do you have dates on which the Enforcement Officer attended?
Have you asked them what they have done to charge each fee?
How much have you paid and how much is still outstanding?

Some of the fees do look over the top and will need to be challenged. They will tell you the correct way to challenge the fees is to apply for Detailed Assessment but this puts you at risk of incurring costs should your challenge fail. There are other ways but lets get some of questions answered first so we have a clearer picture.

[DHCrewdog]

Re: HELP!! - HCEO Fee's 'The Sheriffs Office'

What type of vehicle and what makes you think it is exempt from seizure?

Smart car. As I said I do not use it to commute to work as I work from home, I use it twice weekly to make a 240 mile round trip to a clients office in order to use specialist computer equipment. As I understand it that classifies it as a vehicle used during the course of my employment.

[DHCrewdog]

Re: HELP!! - HCEO Fee's 'The Sheriffs Office'

Did you owe the money? Yes
Was the sum claimed correct? To the best of my knowledge yes.
Did you know about the original CCJ? No all correspondence was sent to a previous address
Do you have dates on which the Enforcement Officer attended? The HCEO attended my current address on 10th Jan this year, I do not know of any other attendances
Have you asked them what they have done to charge each fee? No, only for the detailed breakdown shown above
How much have you paid and how much is still outstanding? £25 and the remaining total including origional debt is £2484.32

Hope that helps

[ploddertom]

Re: HELP!! - HCEO Fee's 'The Sheriffs Office'

Smart car. As I said I do not use it to commute to work as I work from home, I use it twice weekly to make a 240 mile round trip to a clients office in order to use specialist computer equipment. As I understand it that classifies it as a vehicle used during the course of my employment.

I think you may find it is not classed as exempt. You carry no tools that would need the use of a commercial vehicle & it would be looked upon that you could use alternative forms of transport - rail or coach.

Are you the sole driver & s it insured for business use? Is it sign written?

[ploddertom]

Re: HELP!! - HCEO Fee's 'The Sheriffs Office'

Do you have any means of paying off the original debt? Am I correct in assuming you have agreed to pay the Enforcement Officer in instalments - if so how much & what frequency? I would write to them and ask how each fee is worked out, they may refuse in which case you may have to submit a Subject Access Request.

[DHCrewdog]

Re: HELP!! - HCEO Fee's 'The Sheriffs Office'

I think you may find it is not classed as exempt. You carry no tools that would need the use of a commercial vehicle
Section 138(3A) of the Supreme Court Act 1981 provides as follows—" (3A) Every sheriff or officer executing any writ of execution issued from the High Court against the goods of any person may by virtue of it seize —

• (a) any of that person’s goods except—
  • (i) such tools, books, vehicles and other items of equipment as are necessary to that person for use personally by him in his employment, business or vocation;

Does not mention specificly commercial vehicles only or the necessity to carry tools, I assume this is open to interpretation.



& it would be looked upon that you could use alternative forms of transport - rail or coach. There are no direct rail or coach links and I would have to start out at 3 am in order to arrive in time given that by road it is 120 miles away.

Are you the sole driver No my partner is also insured on it
is it insured for business use? No my insurance provider advised that is it was not necessary to insure it for business use
Is it sign written? No

Thoughts?

[DHCrewdog]

Re: HELP!! - HCEO Fee's 'The Sheriffs Office'

Do you have any means of paying off the original debt? No none what so ever.
Am I correct in assuming you have agreed to pay the Enforcement Officer in instalments - if so how much & what frequency? I am paying the HCEO directly yes but he has said he has to refer it to the origional creditor for their approval. currently £25 PCM, it's all I can afford.
I would write to them and ask how each fee is worked out, they may refuse in which case you may have to submit a Subject Access Request.

Ok getting somewhere

[wales01man]

Re: HELP!! - HCEO Fee's 'The Sheriffs Office'

Think they can take the car is it on finance ?

[DHCrewdog]

Re: HELP!! - HCEO Fee's 'The Sheriffs Office'

Think they can take the car is it on finance ?

No, it has been loaned to me by a family member, although I am the registered keeper for insurance purposes

[wales01man]

Re: HELP!! - HCEO Fee's 'The Sheriffs Office'

You need to get advice on this before its taken and the problems start.
There are many cases discussed on LB regarding car ownership and Bailiffs seems a bit of a grey area.

[ploddertom]

Re: HELP!! - HCEO Fee's 'The Sheriffs Office'

Thoughts?

How you get to other appointments is not their concern - harsh I know but that is how it looked upon. As you do not have sole use then it is not looked on as imperative - have a search for Toseland Building Supplies v Bishop which is the normal accepted case law. This concerned a builders dump truck & because there was AN Other allowed to drive it - albeit infrequently - it was not held to a tool of the trade and could therefore be seized and sold.