enforcement officer

[CleverClogs]

Re: enforcement officer

Please upload it to postimage.org so we may all see...

[andyadc]

Re: enforcement officer

i have sent it to blue bottle and give him permission to post it on here, im sorry im not the best with computers, but im trying

andy

[bluebottle]

Re: enforcement officer

Please upload it to postimage.org so we may all see...

I'm just waiting for Andy to send over the paperwork this so-called enforcement officer left. Once I've received that and looked at it, I'll post what it shows.

[bizzybob]

Re: enforcement officer

Op should go for that set aside and stay something is very dodgy here with this HCEO/Bailiff rwonk

[ploddertom]

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

In that case the solution to your problem is relatively easy.

You need to make 2 applications to the Court.
1 - apply for Set Aside on the basis you never received the original documentation and the first you knew about anything was when the HCEO attended. Therefore you were denied any opportunity to make representation, defend or counterclaim & in this case could have paid the amount due in full.

2 - apply for a Stay of Execution against the Writ of FiFa and the HCEO. You are applying on the grounds:
i - you knew nothing of any Judgment until the HCEO called
ii - you are applying for Set Aside having had no knowledge of the Judgment and were denied any opportunity to settle prior to Court.
iii - you cannot afford the fees demanded by the HCEO

Of the 2 applications the most important is that for the Stay as if granted it halts all further enforcement action & charges. Set Aside if granted winds everything back to the beginning and as you have the means of paying should mean no CCJ. If Set Aside is granted then it is as if the HCEO never existed and any charges are then the problem of the creditor.

You do however need to know where all the documents were sent to. The Court should be able to tell you this.

[bizzybob]

Re: enforcement officer

Do as PT suggests, the creditor will then regret being so hasty as the HCEO will chase them for the now void fees. Might even teach them not to be snidey, and go for CCJ without giving a chance to settle.

[ploddertom]

Re: enforcement officer

One thing you must note is that the HCEO can employ anyone he likes to do his work - although he remains ultimately responsible for their actions. However if he does employ someone who holds a Bailiff Certificate then there is no reason that a complaint cannot be made to the certificating Court if he "misbehaves" - whether this is a letter sent to the Court or a Form 4.

In this case it appears a County Court Bailiff may have been moonlighting - I wonder if his employer knows. He may be in breach of his terms of employment and could be subject to disciplinary action or dismissal.

[CleverClogs]

Re: enforcement officer

If Set Aside is granted then it is as if the HCEO never existed

Mightn't his mother object? :grin:

[bluebottle]

Re: enforcement officer

The enforcement officer is registered as a Certificated Bailiff at Worcester County Court and as an HCEO. However, OP has been advised to check with MoJ as to whether HCEO status is current as MoJ's list is dated 2011.

[andyadc]

Re: enforcement officer

hello ploddertom

how do i make these applications?, do i need to attend a court and fill the forms
also they have said on the forms that they will be revisiting within 48 hours to take items and my car, they came on friday and im so worried they will try and take my car

[andyadc]

Re: enforcement officer

can i also just thank everyone for your help on this matter, this is a superb forum and you are all credits to the help you give x

[ploddertom]

Re: enforcement officer

Most up to date list is at http://www.hceoa.org.uk/members/auth...directory.html

[ploddertom]

Re: enforcement officer

hello ploddertom

how do i make these applications?, do i need to attend a court and fill the forms
also they have said on the forms that they will be revisiting within 48 hours to take items and my car, they came on friday and im so worried they will try and take my car

They are both made on the same numbered form - N244 from HMCTS website. Cost of application is £80 each - but see further down.

Set Aside application must be returned to the County Court where the CCJ was issued. The Stay application must be returned to the High Court in London or to a County Court that also acts as a District Registry of the High Court - if unsure of where to go let me know the area you live and I'll send you some suggestions. Most small Courts get stumped by Stay applications so they are usually better off dealt with in an inner city Court.

I find it better to take the Stay application in person to Court (mornings are best) and explain the urgent nature of it. Usually a Judge can be found who will hear the application immediately. Another ground to use in your Stay is that the HCEO is threatening to remove & sell your vehicle which is worth considerably more than the debt owing.

There are some Courts who will let you file both applications on the same form for the one fee, it can be worth checking. I have a guide to help fill the forms in but having just installed new computers they are still on the old ones, can probably get them off sometime tomorrow.

As for the car I would try and make sure it is not present, there is nothing to say it cannot be used.

[andyadc]

Re: enforcement officer

i have just down loaded the form and printed it off, i live in kidderminster dy12 near worcester
ill try and hide the car

andy

[andyadc]

Re: enforcement officer

can i pay the debt in the morning and still apply for this and then make a claim for the cost against the bailiffs?