HCEO form 55 while absent

[huura]

no 55 Notice of Seizure and Inventory was left wedged in my door detailing 2 vehicles on the private driveway

it details that the form was left on behalf of the named HCEO by a further named person who i assume to be a bailiff ( i cant see there name listed on the register as valid however)

I was not present and did not sign or take possession of any form or paperwork from anyone.

there seems to be some conflicting information on the interweb about if this is valid

http://www.dealingwithbailiffs.co.uk/abandonedlevy.htm

says

A High Court Enforcement Officer will use a Form 55 Notice of Seizure.
By completing these forms, bailiffs call this distrain or "distress" over your goods or vehicle listed on the form, and the form does not need to be signed by the debtor to be valid.


other information previously lead me to think the levy was invalid

· Bailiffs can consider at first sight "prima facie" any goods are the property of the debtor and the burden of proof who owns seized goods lies with the debtor or the owner: Observer Ltd v Gordon [1983] - but does not apply to vehicles, paragraph 8 of the Local Government Ombudsman on 10 July 2012 in a report into complaint no 11 007 684 that says it "considers it reasonable for the BAILIFF to check ownership with the DVLA"
· Levy Abandonment
· What makes an abandoned levy is explained here
· Bannister v Hyde [1860] 2 E&E 627 If the bailiff levies on goods then leaves the premises without a signed walking-possession agreement is evidence the levy has been abandoned.
·
·
· Levying on your goods in your absence is not valid Ambrose v Nottingham City Council [2004]

• If you did not sign the walking-possession agreement then the levy may be invalid: National Commercial Bank of Scotland Ltd v Arcam Demolition & Construction Ltd [1966] 2 QB 593.

· Bailiffs cannot levy on someone else's goods or vehicles for your debt, the Local Government Ombudsman's decision of 10 July 2012 complaint no 11 007 684 paragraphs 44 & 45

neither vehicle is registered to me

should i take any action ?

clearly i dont wish to experience these vehicles being removed

for sure there is lots of legal references but am i not fully understanding if there are significant differences to the powers of a HCEO than a Bailiff

and of course this is what they say "real world situation"

so real world advice welcome

Many thanks

[huura]

Re: HCEO form 55 while absent

For HCEO's you have 1 person who will be named as a an Authorised HCEO and he may be found on the list of HCEO's athttp://www.hceoa.org.uk/members/auth...directory.html . He in turn is empowered to instruct any individual to act on his behalf as an Enforcement Officer. The Enforcement Officer will usually not appear on any list you may search although some are also Certificated Bailiffs.

just seen this on a similar thread

to issue a no55 notice does the person completing the levy therefore not have to be a certified bailiff?
seems a bit of a mockery is the HCEO can appoint anyone to do this

[wales01man]

Re: HCEO form 55 while absent

the sheriffs office website is worth a look at

[huura]

Re: HCEO form 55 while absent

the sheriffs office website is worth a look at

i cant find the answers to these questions there , but did trawl through thanks

[wales01man]

Re: HCEO form 55 while absent

As I understand it a form 55 means the vehicle become legally the HCEO property if its not owned by the named debtor the owner has to prove to the HCEO they own it The form does not have to be signed at the time the vehicle is seized
Think yoy will get better advice at dome time on here be patient this has been covered before on here

[ploddertom]

Re: HCEO form 55 while absent

It appears you have read a lot and understood little.

Going to the origins of this was it for a CCJ that has gone unpaid? If so did you know about? Did you Acknowledge Service and file a Defence or Counterclaim? If you had no knowledge of anything were you adjudged against and Judgment by Default entered or was the first you knew when the Enforcement Officer turned up?

[huura]

Re: HCEO form 55 while absent

It appears you have read a lot and understood little.

Going to the origins of this was it for a CCJ that has gone unpaid? If so did you know about? Did you Acknowledge Service and file a Defence or Counterclaim? If you had no knowledge of anything were you adjudged against and Judgment by Default entered or was the first you knew when the Enforcement Officer turned up?

i was just posting the details i considered relevant , yes its a ccj that was unpaid and yes the first i knew was some hand delivered paperwork while i was out (no one home )

the ccj seesm to have happened during the recent 4 months when i have been out of the country , i have filled in a n244 and intend to file it tomorrow - as i was not aware of proceedings etc all which took place during the time i was abroad .

dealing with potential seizure is the here and now problem im trying to understand my position and rights on

thank you

[huura]

Re: HCEO form 55 while absent

As I understand it a form 55 means the vehicle become legally the HCEO property if its not owned by the named debtor the owner has to prove to the HCEO they own it The form does not have to be signed at the time the vehicle is seized
Think yoy will get better advice at dome time on here be patient this has been covered before on here

the problem i foresee here is the owner is not in the country

can a car be removed from a private driveway when no one is present at the property ?

[ploddertom]

Re: HCEO form 55 while absent

What I would strongly suggest is that if you do not understand what you are reading, particularly where long lists of Court cases are included then don't read it.

Being out of the country is grounds for applying for Set Aside but if it turns out to be that you do owe the monies then really all you are doing is swapping one CCJ for another and your application will be turned down.

Rather than type everything out again have a look at Posts 7, 8 & 9 @ http://www.legalbeagles.info/forums/...mpton-Sheriffs

[huura]

Re: HCEO form 55 while absent

i had since writing last seen you post on that thread and found the advice most pertinent .

i am grateful that you take the time to help people in their time of need by writing responses to subject that may well have been covered previously , i have been trying to use the search facility to find other threads with keywords but cant seem to find some of the answrer to question i have that i am really losing sleep over

yes i do completely understand your point about swapping one ccj for another however the debt or ccj is entirely disputed (while i do know what it relates to) and will represent a defence