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

[DHCrewdog]

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

They don't require a CCL as they collect debts under a Court Order. On top of that HCEO's cannot enforce CCA debts anyway.

That was kind of my point ploddertom

[ploddertom]

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

Was the debt for an agreement regulated under the Consumer Credit Act?

Yes it was

That was kind of my point ploddertom

They don't require a CCL as they collect debts under a Court Order. On top of that HCEO's cannot enforce CCA debts anyway.

Sorry I'm getting confused now. I don't usually ask this but what exactly was the debt for? I find it hard to think the SO have made a mistake if it is a CCA Debt as they are one of the more reputable firms in this murky business.

[DHCrewdog]

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

Sorry I'm getting confused now. I don't usually ask this but what exactly was the debt for? I find it hard to think the SO have made a mistake if it is a CCA Debt as they are one of the more reputable firms in this murky business.

Heating Oil account

[ploddertom]

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

Heating Oil account

So how do you get this to be a CCA Debt?

[CleverClogs]

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

So how do you get this to be a CCA Debt?

Perhaps he was buying oil futures? :bolt:

[DHCrewdog]

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

Ok one week on and Form 244 sent off for a Stay of Execution. And after a full week I finally get a reply from 'The Sheriff's Office' about the ridiculous fees they are charging after I asked them for a breakdown of how the fess were worked out.
'We acknowledge receipt of your e-mail and apologise for our delay in responding.

Concerning the Fee 12 charges please note these charges are our standard administrative fees applied on each instruction. These charges have been previously approved in a detailed assessment on a different case and were found to be proportionate and reasonable. Furthermore we were advised by the court that it would not be appropriate for a High Court Enforcement Officer to have to apply to court on every occasion that these charges were applied. Despite the wording of Fee 12 prior consent from the court is only required when applying charges of an unusual or exceptional nature.

If you believe that the fees charged are unlawful then you may apply to have the matter transferred for detailed assessment by the costs judge at the senior courts costs office in accordance with High Court Officers Regulations 13(4).

We trust this clarifies the position.'

Less than helpful and positively an attempt at intimidation in my view.

[ploddertom]

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

That is a standard answer but they cannot use a 1 size fits all approach. Ill be back later.

[ploddertom]

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

Unfortunately I can't find what I was looking for, but from memory they are not allowed to adopt a "block" system of adding fees and each must be done according to the work/case required. Have you asked them to quantify the work & reasons for each fee, if not I would do so.

[CleverClogs]

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

Did you mean Schedule 3 of the High Court Enforcement Officers Regulations 2004 (link) ?

[ploddertom]

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

No, got to know most of those without looking them up. The fee charged will mostly come under C - General Fees - 12 - Miscellaneous, where some of the most inventive fees are made up.

[DHCrewdog]

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

Unfortunately I can't find what I was looking for, but from memory they are not allowed to adopt a "block" system of adding fees and each must be done according to the work/case required. Have you asked them to quantify the work & reasons for each fee, if not I would do so.

Yes Tom I did....unfortunately their answer was my previous post

[ploddertom]

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

In that case you need to persevere as I believe they are being obstructive in not giving it to you, otherwise we are faced with no alternative but work it out ourselves. Sounds difficult but if you know where to look it is a bit easier - I do have the necessary for that but lets give them a chance to come up with the goods first. Have you thought about submitting a SAR on them - costs a tenner but should reveal at what stage each fee was added.

[DHCrewdog]

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

In that case you need to persevere as I believe they are being obstructive in not giving it to you, otherwise we are faced with no alternative but work it out ourselves. Sounds difficult but if you know where to look it is a bit easier - I do have the necessary for that but lets give them a chance to come up with the goods first. Have you thought about submitting a SAR on them - costs a tenner but should reveal at what stage each fee was added.

Thanks Tom.....I've contacted them again asking for a detailed breakdown of how the fees have been worked out. I have thought about submitting a SAR but I have no idea how I go about it.

[DHCrewdog]

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

Thanks Tom.....I've contacted them again asking for a detailed breakdown of how the fees have been worked out.

Yeah no good still being highly obstructive.
'Our stance with regard to the fees charged remains the same as stated in our previous e-mail and we are not prepared to supply a detailed breakdown other than that already provided in regard of fees charged under Rule 12 of Section 3.

We would reiterate that if you believe that the fees charged are unlawful then you may apply to have the matter transferred for detailed assessment by the costs judge at the senior courts costs office in accordance with High Court Officers Regulations 13(4).'

[ploddertom]

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

SAR is a Subject Access Request, providing this is for yourself and not a Company is a request to a firm for all information they hold on file for you. Whilst admittedly some info may be of a private/commercial nature they may be able to withhold that or issue it if redacted - blanked out. The rest of everything should be provided and should relate to telephone, email, letters etc. The cost of doing so is £10 & is best made via Postal Order, they then have 40 calendar days in which to comply. If they do fail to respond you do have options either a complaint to the ICO - quite a lengthy process and all they get is slap on the wrist or file an action at Court compelling them to do so.

You don't need to write chapter and verse for your request, keep it simple like this:

"From:
My Name
My Address

To:
Acme Bailiff Co
Bailiff House

Date

Dear Sir
Data Protection Act 1998
Subject Access Request

Dear Sir


Please supply a complete list of ALL the data held and used by you that relate to Mr XXXX. It is also to include third party information held with all other agencies.

Additionally where there has been an event in the account(s) history during the period accounts have been placed with you that have required any manual intervention by any member of your staff or any other person I require disclosure of any indication or notes which have been caused or resulted from that manual intervention.

I would like to bring to your attention data can be held in written information, e-mails, electronic documents, photographs, CCTV images, telephone conversations and include any recorded or written opinions about me/us and any recorded or written intentions and action taken regarding me/us.

I/We would like this information to be sent to my/our home address as listed above. You have 40 days in which to comply.

To satisfy payment to supply this information I/we enclose a fee of £10 this payment must not be used for any other purpose.


Yours sincerely


A Peeved Debtor"