Thank you Ploddertom.

Is there a standard template on this site regarding requesting fee breakdown/complaints etc.

I shall send them an official complaint this week.

Going back to before all this happened.

 

Were you aware you owed this debt?

Did you get all the Court documentation?

Did you attend or defend the action? Did you receive notification a CCJ was awarded against you?

 

Before CES turned up did you receive a Notice of Enforcement from them?

If so did you make contact with them prior to their visit?

Yes I was aware that we owed the debt and am not disputing that at all.

No we didn't go to court to defend. When we received a letter from the HCEO I emailed them asking to set up a payment plan.

I didn't hear back from them after a few weeks. I then went to search my emails to resend the original email to them again. I then found their reply in my spam folder. As soon as I found it I emailed them straight back and sent them the 1st payment (The email stated they had agreed to my offer a few weeks previous).

3 days later we had a visit from the HCEO. I even showed them the emails and the proof of payment (which they had on their files) but they said it was too late.

Ploddertom has raised a number of questions which are important. If you could respond that would be most helpful.

 

To assist in understanding the fee scale in relation to the enforcement of Writs of Control, it may help to read the following which is from Item 7.3 of the Explanatory Memorandum supporting the Taking Control of Goods (Fees) Regulations 2014:

 

 

 

The High Court Enforcement Officers Association (HCEOA) issued the following Fees Best Practice document earlier this year.

 

https://www.hceoa.org.uk/images/content/documents/fees-best-practice/HCEOA-Best-Practice-Fees.html#p=4

 

 

Frequently asked Questions page:

 

https://www.hceoa.org.uk/faqs/have-you-been-visited-by-a-high-court-enforcement-officer

I never filled in or entered a CGA at any time

Did they come into your home and take control of any goods. Such as a car etc. What goods did they take control of.

Nope no goods were taken control of. They came in and started to compile a list whilst we made phone calls to get the funds. Nothing was signed for and they never gave an inventory or anything like that.

Court Enforcement Services on behalf of South East Water

Hi,

I'm after some advice please.

We recently had a visit from the HCEO following an unpaid Water debt.

In our panic (at 7am with kids in the house) we paid the full amount - which was double the actual bill.

We just wanted them out of the house ASAP.

Since then I have asked for a breakdown of fees as I felt they had charged us too much. Below is the breakdown

Description Amount Writ amount £1,515.21

Interest on Writ amount (@8%) from date of Writ to date of paid in full £0.00

Compliance Fee £90.00

Enforcement Stage 1 Fee £228.00

7.5% Fee of amount over £1,000.00 (variable Stage 1 fee) £46.37

Enforcement Stage 2 Fee £594.00

Sale or Disposal Fee £630.00

7.5% Fee of amount over £1,000.00 (variable Sale or Disposal Fee) £37.37

Total £3,140.95

Total amount paid to date £3,140.95

The above fees are inclusive of VAT at 20%

I would refer you to The Taking Control of Goods (Fees) Regulations 2014, Regulation 6, to assist you in understanding how the fees are applied

http://www.legislation.gov.uk/en/uksi/2014/1/regulation/6/made

There is no requirement to actually remove goods for the Sale or Disposal fee and 7.5% fee to be applicable, the commencement of the process is sufficient for the application of the sale or disposal stage fee.

Could someone please tell me if this is correct

I was under the impression that Sale or Disposal fee didn't come into effect just because they entered the house.

Many Thanks

I'm looking to see if we can, but cards are maxed out & 1st pay check of Jan is on 15th. Even offered to give them card details so they could take it out straight away on 15th but they were having none of it.

I was polite on the phone & said that I've made a clear intention to pay which the operator said would be noted on the account, but I doubt a bailiff is going to worry about that are they?

It was a fine for have an untaxed car (please don't judge, we don't normally drive around with untaxed vehicles)

Hi There,

After some advice please. My wife had an outstanding debt of £165 which was sent to Marstons. It is now at £240.

She received a letter mid Dec stating she had 14 days to make payment or set up an arrangement. As she works in the theatre industry and it was Panto season it completely slipped her mind to pay it.

I have contacted Marstons today asking if I can make payment on 15th Jan (initially I asked if the debt could be split over 2 months which they refused). They have advised me that they can not stop any enforcement action until the debt is paid (even though I have asked for it to be paid on 15th Jan).

If it goes to enforcement then they will add a further £235 in charges which will be due as payment in full.

Can they do this even though I have offered to make payment next Fri?

Don't really want a HCEO knocking on the door

Hi There,

As with many I made a few mistakes and got into the PDL spiral!!!!!! I'm now trying to get out of it.

I'm starting by contacting (via email) any company I've had a PDL with to set up a repayment plan (on my terms not theirs). Am I right in thinking I can ask them to set up the plan for the amount of loan + 1 months interest only?

I havent got time to do that tomtubby as bailiff wanted outstanding £300 tonight. I've called and asked to set up a payment plan but he's said no. I now have until 9am tomorrow to pay up.

Can I pay the council the £157 direct and then tell the bailiff to swivel, can he levy for his fees. How do I approach him and tell him his fees are unreasonable. As he has levied against the vehicle can he just come back at anytime and take it.

Should I just pay the £300 and be done with it.

The car is now registered to Mobile Money (yes I know I'm silly for getting a log book loan, but was in a desperate place, thankfully working our way out of it now.)

I really don't know what to do

Hi folks,

Can anyone advise on what I should be paying please. I need to make payment next week but only want to pay what I should be.

If it changes anything the car is no longer registered in my name (and wasn't at the time of the attempted levy).

Thanks Ghost.

They never levied on the '1st Visit' and only levied on the 2nd, although I never signed anything. There was certainly no attempt to remove the vehicle.

So in esccence the charges should be:

£170.44 (fine, cost, letter fee)

£47.72 (First Levy/Visit Fee)

£61.08 (2nd levy/Visit Fee)

If that's the case how do I question the fees, is there a standard template. I've got 10 days to sort this before they expect another £300 which I really can't afford as I'm out of working and my wife only goes back to work tomorrow after being on maternity leave.

Thanks

Hi,

I've had a visit from a Bailiff last week regarding unpaid Parking Fine (I'd actually appealed it but thats another story).

Anyway the bailiff threatened to clamp our car unless we paid nearly £500 (the actual fine was £150 + £7 charges).

We paid £154 and agreed to pay the remainder on 15th Dec. In the meantime I requested a breakdown of costs and got the following:

30/09/11 - Costs £7

30/09/11 - Fine £150

03/10/11 - Letter Fee £13.44

18/10/11 - Visit Levy Fee 1 £57.60

18/10/11 - Attendance To Remove £149.50

24/10/11 - Visit/Levy Fee 2 £76.80

Can anyone tell me what they are entitled to charge

Thanks for the advice,

We're holing out at OH's parents for now (as they're away) but I'll be on the phone to CAB tomorrow to see what they say as well. Hopefully the bailiff will get bored soon enough and leave us alone, am more than happy to continue paying the council direct and then hopefully push for them to recall it.

Will keep ignoring bailiffs phone calls as well.

Even though he can't levy on it, will do so but the quicker I can get him off our backs the better!!!! My OH just wants to stay away until he stops bothering us. I feel ashamed that we're in this mess, but glad we're trying to sort it now.

Many thanks PT,

I've requested a breakdown from Equita & also from Council. Have made a payment to the council tonight and will continue to do so every week and will keep requesting they take the debt back.

So, in the meantime I should keep ignoring the calls, and have the paperwork handy just in case he decides to come round, but will naturally not open the door to him.

No he didn't, he told me over the phone that he would take the car as payment.

I've got the paperwork from the LBL stating about bill of sale etc (it could be the 1 time it's actually come in handy using an LBL)

Ok, so today was the day that I should've paid the bailiff.

I have written to Equita asking for a breakdown of charges and also informing them that they can not levy on the car is it is subject to a LBL so therefore I am not the registered keeper.

The bailiff has phoned a couple of times today but I have ignored the calls.

What do I do next. My wife is petrified that he is going to come round and take the car, so much so that she has spent the day at her parent's house. I am around tomorrow and I know its illeagal for the bailiff to call on a Sun, however what about Mon when I'm back at work.

What happens if he comes to take the car? should I phone him and tell him he can't levy against it? should I just keep ignoring the calls?

I've also contacted the council to ask for the outstanding balance and will then be making weekly payments to themselves before asking them to take the debt back.

Thanks BN,

So does that mean I have to contact the Log Book Loan company and get them to sign a Stat dec, or can I just email Equita and tell them I do not legally own the car so therefore they can not levy it.

How do I get the bailiff to hold off next week, I won't be at hom as I can't get the time off work but am worried my wife will have to deal with him.

Will writing to Equita requesting a breakdown of fees put the action on hold.

Hi There,

A while back I posted on here regarding CT arrears and Equita. I managed to set up a payment plan with them, however to my horror on Monday I got a call from the bailiff who had been to my house to collect unpaid fees.

My wife was in at the time with our 4 month old baby and naturally was quite shaken up.

The bailiff called me stating that the full amount had to be paid (2 years worth of CT). I explained that I didn't have that money and that I already had a payment plan set up. The bailiff quoted my car reg and stated he would be returning to levy it to cover the debt.

I contacted Equita to find out why the payments hadn't been taken, apparently I should have made manual payments when I know full well I had agreed with them they would take the payment on a certain date.

The bailiff has now given me till 14th Oct to find £1000 and will then set up a payment plan again. If I don't get the £1000 then they are going to take the car, what do I do.......HELP!!!!!!!!!!

As an aside, I have a log book loan on the car (silly I know) so they hold the reg docs, does this mean that he can not take the car as we are not the current owners of the vehicle.

I've been silly in the past and have run up a lot of debt and am now working hard to get it cleared as quickly as possible, but just seems that we take 1 step forward and 2 steps back.

Thanks for any advice

Morning All,

Thanks for the advice. I have contacted the council this morning who have stated that the account is with the bailiff so needs to be dealt with them, and that I'm not classed as vulnerable!!!!!! Theyve said they can help with benefits for this yr but not last!!!!

Email sent to Equita to find out where the £150 in charges has come from. I'm now just about to write to the council to push for vulnerable family again.

Thanks for the advice guys.

What do I do in the meantime as the Bailiff keeps ringing me. Do I answer it, do I tell them I'm disputing what is owed, will they keep on coming round. He's just phoned again but I've ignored the call. Shall I email Equita, what shall I do

Thanks Leakie,

I'm going to write to the council today as my wife is 7 1/2 months pregnant and I'm out of work so we should be classed as vulnerable. I just need to know what I should say to the bailiff to stop him coming round

Hi There,

I'm hoping someone may be able to help with an issue I have.

I recentley received a hand delivered letter from Equita regarding council tax stating I had 24hrs to pay them otherwise they would return and may remove goods even in my absence.

There was no amount on the letter so I contacted the bailiff to find out how much it was. He stated it was for £1194.50. I stated I did not have this kind of money and he gave me a week to find it. It was due for payment on Fri, to give myself more time I contacted the bailiff again on Fri and stated I was waiting for funds to arrive and he said he would call on Mon.

He hasn't contacted me yet, but now after reading through this site I realise that maybe:

A) I shouldnt have contacted him

B) They are more than likely charging over the odds

I'm more than happy to arrange a payment plan, but am worried about what I should do next. My wife is due to go on to maternity leave in 2 weeks and the last thing we want is for a bailiff to come barging in the house if she were to open the door.

Help!!!!!!!