HCEO attended and enforced without prior notice

[NapoleonJones]

I had a visit from an HCEO today. He had been issued with the writ a couple of weeks ago but this was his first action. I had no prior notice of attendance!

He took payment (under duress) of £5k on a £15k debt, and said to my Landlord (who was present) that this was only because he accepted there was a genuine dispute over the ownership of the assets (which were his).

The writ was issued in a district registry at the other end of the country.

Any suggestions?



(* They have issued a Form 55 Notice of Seizure and Walking Possession Agreement. First attendance/action was yesterday.)

[ploddertom]

Re: HCEO attended and enforced without prior notice

It used to be that the HCEO could just turn up and the first you knew was when you got the knock on the door. This all changed with the introduction of the new Regulations on April 6, he know must write first giving you Notice he may attend.

Which Enforcement Co have visited? Were you left a detailed inventory of goods seized? What paperwork have you been left? Is this from an unpaid CCJ?

[NapoleonJones]

Re: HCEO attended and enforced without prior notice

It used to be that the HCEO could just turn up and the first you knew was when you got the knock on the door. This all changed with the introduction of the new Regulations on April 6, he know must write first giving you Notice he may attend.

Which Enforcement Co have visited? Were you left a detailed inventory of goods seized? What paperwork have you been left? Is this from an unpaid CCJ?

This is for a CCJ for a company that used to trade from the property.

The Company was ***** *****. I have been left with a detailed inventory. The money was paid to them by me personally, by my Landlord and by a third party (relative).

[wales01man]

Re: HCEO attended and enforced without prior notice

Was it your debt?

[NapoleonJones]

Re: HCEO attended and enforced without prior notice

Was it your debt?

No. See above. The CCJ was for a company that used to trade from the premises.

[wales01man]

Re: HCEO attended and enforced without prior notice

Can I ask why you paid 5 grand when its not your problem?
You will get it back but this may involve the courts others on here will advise and help after all you are not responsible for anyone elses debt.

[NapoleonJones]

Re: HCEO attended and enforced without prior notice

The HCEO did not accept old company was not trading / did not own the assets. (Only took over 6 weeks ago so some bills still arriving in old name). Landlord was there (by chance) and asserted rights over assets. HCEO said warrant gave him the right to take away and Landlord could make an application to court. Unless he got paid he was going to remove. Significant duress.

[wales01man]

Re: HCEO attended and enforced without prior notice

Wait for the advice on here you Must have a case against this HCEO totally out of order their actions

[bizzybob]

Re: HCEO attended and enforced without prior notice

As you are not the debtor you may have to sue the creditor for the return of the money They are responsible for the HCEO, however ploddertom will know the best course of action.

[wales01man]

Re: HCEO attended and enforced without prior notice

Is it not the responsibility of the HCEO to ascertain that the OP was the Debtor after all if the Police arrested the wrong person would there not be an outcry?

[ploddertom]

Re: HCEO attended and enforced without prior notice

Did you have anything to do with the prior company? Do you follow a similar trade?

Before attending the Enforcement Agent (new name for HCEO) must send you a Notice of Enforcement - see http://www.legalbeagles.info/forums/...tutory-Notices for details. If this has not happened - which it can't have as you are not the debtor - you must make an application with the Court to Stay the Writ as it is not Compliant.