HCEO form 55 car seizure, not signed by debtor, can I still use the car?

[yanskee]

Hi,

An HCEO has visited my home twice now, on both occassions I was not present. On the second visit my wife signed the form 55 siezing my car as the HCEO was very forceful with her. As she is not the debtor and had not sought my authority for her to act on my behalf mean that the siezure on the car is invalid. If so can I continue to use the vehicle and what should be done about the HCEO and form 55. I have already made an offer to pay the debt in monthly instalments to the HCEO. Do I also need to send in a form N245 aswell.
I should point out that the vehicle will not fall under exemption rules.

Many thanks, in anticipation.

Yanskee

[ploddertom]

Re: HCEO form 55 car seizure, not signed by debtor, can I still use the car?

What is the history behind the debt? Need more info?

[yanskee]

Re: HCEO form 55 car seizure, not signed by debtor, can I still use the car?

Hi Ploddertom, relates to a small business loan on a PG, I admit I owe the monies and have made an offer of repayment to the HCEO company. I did speak to the claimants solicitor when I recv`d the court papers who agreed to hang fire whilst I set up a DMP with stepchange, however they ignored the agreement and pressed ahead with the judgement. I don't want to get bogged down in who said what and to whom I just want to get it sorted.

[ploddertom]

Re: HCEO form 55 car seizure, not signed by debtor, can I still use the car?

Rather than arrange a repayment with the HCEO go for an ordered one through the Court. To get shot of the HCEO go for a Stay of Execution.

[yanskee]

Re: HCEO form 55 car seizure, not signed by debtor, can I still use the car?

Oh right, so I should send which form the the court? Also, as there is a seizure notice which was not signed by me (but by my wife who is not the debtor) will I be able to continue using the car for commuting to work.
Thanks for the advice so far.

[ploddertom]

Re: HCEO form 55 car seizure, not signed by debtor, can I still use the car?

For a Variation Order wherby the Court can order the amount to be paid use Form N245 and is simple to fill in. For a Stay of execution which if granted hallts all further enforcement action & charges use Form N244, this is a little more awkward to complete. Depending on how your Courts work then the fees can be variable from £40 upwards to approx £125. If on certain Benefits or low wage then the fees could be waived - see Forms Ex160a & 160c for details. All forms available from HMCTS website.

The fact the Notice of Seizure is not signed is irrelevant. They like to get you to sign it as it allows them to charge more fees. The vehicle is still yours to do with what you please however you may not sell or dispose of it without the consent of the Enforcement Officer and if you fail to pay they can remove it for sale.