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enforcement officer

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  • #1

    enforcement officer

    hello

    i had a bailiff come to me today, for a civil debt that a person says i owe them money for services, im self employed and buy leads for work in my plumbing job.
    i will pay the debt that is not what I'm asking here, but the bailiff went to my home first and the wife answered and told him i was at my work office, he then visited me there

    he walked straight in and asked for me, i answered yes and he then went on to say who he was and that i had a high court order against me, he then asked what belong to me so he could remove it, my answer was this is not my office and i own nothing, he ask me to proove it and i said how do i do that?
    i then asked him who he was and for who he was working for, he did tell me so i then asked for i.d, he could not show me,
    he then said that he had seized 2 cars on priciple and i then asked him for the paper work of the order and he did not have this, so then he left me with a letter of attendance and schedule of costs

    i phoned the office from where he was sent and asked if he was working for them, they said yes, i also recorded this conversation and advised the person who was in charge of the recording, he kept me on the line while he spoke to his agent, he then come back on to say that 2 of my cars where principle seized and that the agent will be returning with the seize notice and to show me his id, i asked how can he seize my cars that 1 belongs to my wife and the other is mine without me receiving any paper work or even knowing who this person was
    what had happened the bailif entered my works place and gone to tell me what he was taking but didnt have the correct paperwork or id
    i asked the man on the phone who i can complain to and he said only there company, i asked if they had a regulator body and he said no, and this is all recorded,
    when the enforcement agent come back i recorded the conversation and also advised him i was, i asked again for his id and he would not allow me to look at it and after the 3rd time he did being very rude saying i dont care that you will know where i live, i didnt care where he lived,, i took a photo of this
    he then left me a notice saying that they will take both my wifes and my car within 48 hours unless this is paid
    i will pay it but did this company break the law?
    sorry for the long winded message

    thanks andy
  • #2
    Re: enforcement officer

    Originally posted by andyadc View Post
    sorry for the long winded message
    Better that, than have details left out.

    However, you did omit some facts.
    1. Are you a sole trader or is your business a limited company?
    2. Did you defend the claim against you?
    3. How much was it for? (Approximately will do)
    4. How long ago was judgement given for the claimant?


    he then left me a notice saying that they will take both my wife's and my car within 48 hours unless this is paid
    Oh he will, will he?

    He really ought to know that he is not allowed to seize goods belonging to a third party - in this case, belonging to your wife.

    For which company does he "work"?

    did this company break the law?
    In my opinion, they have certainly bent it - whether or not they've actually broken it by threatening to remove goods not belonging to the debtor may be another matter.
    • 1 thank

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    • #3
      Re: enforcement officer

      Did you ever receive any court papers, or notice of a CCJ? Are you sure this is a bailiff and not a HCEO? it looks like the creditor has gained a default CCJ if you had no correspomdence, If you have funds to pay the bill, and you heard nothing you can apply for a set aside, and a stay of ececution if HCEO. Other Beagles more knowledgeable will be along soon no doubt.

      Comment

      • #4
        Re: enforcement officer

        hello cleverclogs

        thank you for your reply.
        QUESTIONS

        1. Yes im a sole trader
        2. i did not defend it, i did not know about it, but it is correct, county court judgment
        3. it was for £1300 but now is £2500 with the costs of this visit and other fees
        4. judgment order was given on the 12th dec 2013

        he works for a company called burlington

        my car is a brand new audi and is worth over 50k, i do own it and its not on finance so can they take a high value car for a total debt with fees for £2500?

        cheers
        andy

        Comment

        • #5
          Re: enforcement officer

          hello great dane

          thank you for the reply
          it was a ccj and i did not receive any info or court demands for this, it is true thou and i can see i have had 1 registered so the court did take a judgement on me,

          The bailiff was a county court bailiff but he did say that it was a high court matter, his id that he did show me in the end says county court bailiff, i did take a copy of this

          also i will pay the money but is there any way i can claim some of these ridiculous fees back?

          cheers

          \andy

          Comment

          • #6
            Re: enforcement officer

            Originally posted by andyadc View Post
            hello cleverclogs

            thank you for your reply.
            QUESTIONS

            1. Yes im a sole trader - in that case they may only seize goods belonging to you.
            2. i did not defend it, i did not know about it, but it is correct, county court judgment - in that case what address was used to send all the documentation?
            3. it was for £1300 but now is £2500 with the costs of this visit and other fees
            4. judgment order was given on the 12th dec 2013

            he works for a company called burlington - a fairly vicious set of miscreants

            my car is a brand new audi and is worth over 50k, i do own it and its not on finance so can they take a high value car for a total debt with fees for £2500? - unfortunately yes, if there are no other goods available to seize then this will not be seen as an excessive seizure.

            cheers
            andy
            Do you have the means to clear the original CCJ?

            Thanks CC for pointing me in this direction.
            • 2 likes

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            • #7
              Re: enforcement officer

              Originally posted by andyadc View Post
              1. Yes I'm a sole trader
              That is a pity.

              2. i did not defend it, i did not know about it, but it is correct, county court judgment
              If you did not know about it, did you even know the claimant intended to sue?

              You may be able to get the writ of fi-fa stayed and the judgement set aside if you could defend the case.

              3. it was for £1300 but now is £2500 with the costs of this visit and other fees
              That's apparently legitimate, but why did the claimant allow the alleged debt to rise so much?

              Was the claim artificially inflated?

              4. judgment order was given on the 12th dec 2013
              There may yet be time.

              he works for a company called burlington
              This "gent" or one of his minions?


              my car is a brand new audi and is worth over 50k, i do own it and its not on finance so can they take a high value car for a total debt with fees for £2500?
              Yes, alas. The company is supposed to pay you whatever is left over from the price realised by its sale - at auction or to a crony - after the judgement debt, all the exorbitant fees and sale costs have been paid. Try not to spend it all at once, but save it and put it towards the cost of a second-hand motor scooter.

              Comment

              • #8
                Re: enforcement officer

                Originally posted by andyadc View Post
                it was for £1300 but now is £2500 with the costs of this visit and other fees
                When one looks at the Schedule of fees that may lawfully be charged - Schedule 3 of the High Court Enforcement Officers Regulations 2004 (link) - it becomes immediately obvious that he has significantly overcharged on the levy fee, overcharged for mileage, charged for work not yet done, or some combination thereof.

                Comment

                • #9
                  Re: enforcement officer

                  There are other irregularities. You say the ID he showed said he was a County Court Bailiff.

                  County Court Bailiffs are civil servants employed directly by H.M. Courts & Tribunals Service (HMCTS), not by the likes of Burlingtons. Any chance of posting up or describing what was on his ID, please? If he is going around claiming to be a County Court Bailiff and is not, both he and Burlingtons could have some difficult questions to answer.
                  Life is a journey on which we all travel, sometimes together, but never alone.
                  • 2 likes

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                  • #10
                    Re: enforcement officer

                    Hello blbluebottle I have a pic of his I'd, can I post it in here? Would I get into trouble or should I send it to you as a pm?

                    andy

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                    • #11
                      Re: enforcement officer

                      Yes I have the money to clear the debt and I will, I just did not like how they went around there business

                      cheers
                      andy

                      Comment

                      • #12
                        Re: enforcement officer

                        Originally posted by andyadc View Post
                        Hello blbluebottle I have a pic of his I'd, can I post it in here? Would I get into trouble or should I send it to you as a pm?

                        andy
                        Post it up, leave it there for about one day and then delete the image. If you can do it today, I'll take a look at it.
                        Life is a journey on which we all travel, sometimes together, but never alone.
                        • 2 likes

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                        • #13
                          Re: enforcement officer

                          file://localhost/Users/andrewcooper/Desktop/Photo%2024-01-2014%2017%2052%2042.jpg

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                          • #14
                            Re: enforcement officer

                            hello bluebottle

                            i have sent a link but not sure if it will work for you?

                            andy

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                            • #15
                              Re: enforcement officer

                              Originally posted by andyadc View Post
                              hello bluebottle

                              i have sent a link but not sure if it will work for you?

                              andy
                              It doesn't work. I'll PM you my email address.
                              Life is a journey on which we all travel, sometimes together, but never alone.
                              • 1 thank

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