bailiff register& HCEO List and authority

[huura]

I have a couple of questions that i cant find the answers to, I wonder if anyone might be able to help please

the certified bailiff register ... how upto date is this ? the problem i have is the person who completed a form 55 at my home (if they are a bailiff ) seem to have a potential match of name on the bailiff register but the registration has expired ( and was expired when the form 55 was completed) i wonder if the info is updated promptly and if they may have renewed their registration but it not upto date , is this likely the site can be 10 days behind ?

the other question i have is about the list of HCEO and the way the list is complied makes me wonder why some of them seem to be named in many areas and others lesser number of areas, is there a limit of geographic jurisdiction for HCEO or am i clutching at straws here ? meaning is it possible that the HCEO named on the form 55 as the person that the form was written on behalf of not have any power of my location if he is not listed at a given office in my area?

thank you

[ploddertom]

Re: bailiff register& HCEO List and authority

You have certainly managed to confuse yourself. The only person to concern yourself with is the Authorised HCEO. Most are permitted to operate within every area of England & Wales, in turn they may employ anyone to work on their behalf and although many are Certificated Bailiffs many are not and do not have to be.

[huura]

Re: bailiff register& HCEO List and authority

thanks for the clarity - does that therefore mean that anyone can fill out a form no 55 on behalf of HCEO , kinda seems like an open door for abuse to me , do these people not have to be registered or trained , who is responsible for any bad practice if they are not a certified bailiff who makes such levy , i though i read somewhere that if the levy or form 55 wasnt completed by a certified bailiff then it was not valid , perhaps that only applied to cases where there was not a HCEO authorised ?

these are murky waters

[ploddertom]

Re: bailiff register& HCEO List and authority

thanks for the clarity - does that therefore mean that anyone can fill out a form no 55 on behalf of HCEO , - no, only the Authorised HCEO may do this - kinda seems like an open door for abuse to me , do these people not have to be registered or trained , - no - who is responsible for any bad practice if they are not a certified bailiff who makes such levy , - the Authorised HCEO is responsible for anyone who acts on his behalf - i though i read somewhere that if the levy or form 55 wasnt completed by a certified bailiff then it was not valid , - you'vebeen reading too many stories on Forums where they do not know or understand HCEO enforcement - perhaps that only applied to cases where there was not a HCEO authorised ?

these are murky waters - they will be even murkier after 6 April when the new Regulations come into force

Have a read of http://www.hceoa.org.uk/regulatory-i...ions-2004.html

Code of Practice - http://www.hceoa.org.uk/regulatory-i...-practice.html

List of Authorised HCEOs - http://www.hceoa.org.uk/members/auth...directory.html

[huura]

Re: bailiff register& HCEO List and authority

does that therefore mean that anyone can fill out a form no 55 on behalf of HCEO , - no, only the Authorised HCEO may do this -

so the form 55 i have on 2 cars not owned by me, having been completed by someone other than the Autorised HCEO (meaning the form has been completed saying its completed on behalf of the HCEO) , does that definitely mean the form is invalid ?

indeed many forums dont seem to understand HCEO enforcement and this is confusing when advise is inaccurate.

your knowledgeable help is most valuable

will now go read the links thanks again

[ploddertom]

Re: bailiff register& HCEO List and authority

does that therefore mean that anyone can fill out a form no 55 on behalf of HCEO , - no, only the Authorised HCEO may do this -

so the form 55 i have on 2 cars not owned by me, having been completed by someone other than the Autorised HCEO (meaning the form has been completed saying its completed on behalf of the HCEO) , does that definitely mean the form is invalid ?

I think you may have slightly misunderstood. The Form itsself is completed by the Authorised HCEO but if goods have been nseized then they would have been added by the attending Enforcement Officer.

If he has seized goods that are the property of a 3rd Party then the owner must write to the HCEO providing proof of ownership. The HCEO then should ask the Creditor whether he accepts they are owned or not by the 3rd Party. If the answer is yes then the seizure is scrapped, if the answer is no then the matter may be referred to an Interpleader Hearing whereby a Master at the High Court will decide - believe me you don't want to do this.

Were the vehicles at your premises when the Enforcement Officer called? Are the vehicles owned by a Ltd Co or are you claiming they are exempt from seizure as "tools of the trade"?

To go any further you are going to have to provide more history behind this.

[huura]

Re: bailiff register& HCEO List and authority

the form 55 seems to be (the hand written parts) all completed in the same hand by the person visiting on behalf of the HCEO - the named HCEO has never attended and the form was un signed and left wedged in my door - not posted - in fact i have not acknowledged receipt in any way -other than posting copy of v5 documents

i wrote to the office where payment was directed to providing copy of the v5 showing both cars are not in my name but are registered to the same address , (i didn't point out to the company that they are owned by people who are not in the country so it going to be hard for them to make any representation in person.)

yes the cars are parked at my address and were here when the person visited and filed out the form 55, they are not owned by any Ltd company or subject to finance .

the judgement was awarded while i was abroad for 4 months and i have made a n244 application but am still awaiting the court to advise me of the outcome - in which time i am not trusting that the HCEO will await the outcome of the application and might proceed with seizure

can they seize when no one is home ?

[ploddertom]

Re: bailiff register& HCEO List and authority

I assume you have applied for Set Aside. To halt the HCEO you also need to submit a Stay of Execution that if granted halts all further enforcement & charges. Again it is applied for on Form N244 and you may have a variety of grounds on which to apply such as:
i - you cannot afford the fees demanded
ii - pending determination of a Set Aside application - or whatever you applied for
iii - the HCEO has seized & threatening to remove 2 vehicles that belong to 3rd parties who are at present out of the country and not likely to return for xxx months and are therefore unable to provide proof of same in the interim

[huura]

Re: bailiff register& HCEO List and authority

I assume you have applied for Set Aside. To halt the HCEO you also need to submit a Stay of Execution that if granted halts all further enforcement & charges. Again it is applied for on Form N244 and you may have a variety of grounds on which to apply such as:
i - you cannot afford the fees demanded
ii - pending determination of a Set Aside application - or whatever you applied for
iii - the HCEO has seized & threatening to remove 2 vehicles that belong to 3rd parties who are at present out of the country and not likely to return for xxx months and are therefore unable to provide proof of same in the interim

last week thursday i made an application n244 for the judgement to be set aside , and writ to be set aside because i was not informed of the claim against me - as i was abroad for 4 months etc . and that i wished to defend the case.

i took the application to Canterbury court because it was my understanding that i needed to make the application at a court that was a register to the high court and Canterbury was most convenient,

i have phoned the court every day and been told my application is not back from the judge yet and that it has not been dealt with yet, today i phone to be told they have transferred the case to Medway court because i am not in their postal district. and that medway court will list it for a hearing ( sounds like its not going to happen fast) i am also concerned that i cant find anything to say that Medway court is a high court registry .

the HCEO s agent called yesterday despite me informing them of this application. but i didn't allow them in and the cars were hidden away so they couldnt do much.

my question is , is it normal for an urgent application to be treated in this way by the court

i suppose i could submit a further n244 applying for a stay of execution pending outcome of the first n244 , but i am wondering how the second application could be delt with and if they would deal with it any faster or if it would just join this order of delay and now be seen a week after the first application . hence its pointless and a waste of a further £80

what would you do ?
further advice most welcome

[ploddertom]

Re: bailiff register& HCEO List and authority

When you filled the N244 in what did you actually apply for as listed in Box 3? What grounds did you use for the Stay? Did you serve both Claimant & HCEO with your application? Better stil would be to copy and post up copies of what you submitted, remebering to remove all personal details and CCJ/Writ No's - best done as a PDF.

According to the Court list Medway do High Court work.

[huura]

Re: bailiff register& HCEO List and authority

i sent a copy of my application to the HCEO but not the claimant

the application n244 box 3

1) to set aside writ of fifa

2 to set aside judgement

3 cost

reason , I was unaware of the proceedings as I was abroad from *dates, and was not therefore given opportunity to make any representation and i wish to defend the claim


in box section 10 i listed and provided copies of evidence including
evidence of dates of application for judgement as well as the date of judgement
evidence of visa pages from passport showing i was abroad and the date which the above fall within


i managed to speak with medway court today who had not yet received the application being transferred, they informed me that they would list a hearing and inform all parties , ( not sure what the claimant can have to say about it in court or the point of them being there ?)

i expressed my concerns to the person at the court re seizure and pending removal, he informed me that i should inform any enforcement officer of my application and that they can check with the court and the fact that the court are in receipt of this application means that they have to suspend any action and await the outcome of the hearing , interesting and i hope he is correct but i am not convinced as i read horror stories on forums.

thanks for your ongoing advice - id be totally lost without you

[ploddertom]

Re: bailiff register& HCEO List and authority

i sent a copy of my application to the HCEO but not the claimant

the application n244 box 3

1) to set aside writ of fifa

2 to set aside judgement

3 cost

reason , I was unaware of the proceedings as I was abroad from *dates, and was not therefore given opportunity to make any representation and i wish to defend the claim


in box section 10 i listed and provided copies of evidence including
evidence of dates of application for judgement as well as the date of judgement
evidence of visa pages from passport showing i was abroad and the date which the above fall within


i managed to speak with medway court today who had not yet received the application being transferred, they informed me that they would list a hearing and inform all parties , ( not sure what the claimant can have to say about it in court or the point of them being there ?)

i expressed my concerns to the person at the court re seizure and pending removal, he informed me that i should inform any enforcement officer of my application and that they can check with the court and the fact that the court are in receipt of this application means that they have to suspend any action and await the outcome of the hearing , interesting and i hope he is correct but i am not convinced as i read horror stories on forums.

thanks for your ongoing advice - id be totally lost without you

The chances are they do not see this as an urgent application as you have listed no grounds for applying for the Stay. As for Set Aside, apart from being abroad do you have any defence as to the debt itsself, otherwise you are looking at swapping one CCJ for another.

Sorry to say but the advice from the Court although well intentioned is incorrect. Until such time as the HCEO has a Sealed Order ordering him to desist he will continue to enforce - there is always the chance the Stay will be refused. You could keep calling each day to find out what is happening but do run the chance of making a nuisance of yourself.

[huura]

Re: bailiff register& HCEO List and authority

i dont suppose it possible to send an appendix to the application to the court ?

updating them as to seizure of 3 rd party goods and expressing the urgency