I'm really pleased the matter is at an end, at least you can move on. It is sad to hear of your OH's condition and best wishes to her from us all for a complete recovery.

thank you ploddertom...... without this site we would have been lost with the various issues we have faced....... thank you to everybody that has helped us and others to sort issues that without this site would most probably have escalated far more..

big thumbs up to CAG

at the time of doing the stat dec my partner was told it was matter closed unless the police wanted to start the process again.. we have moved since then but wasnt until october last year so the courts/police had 10months. And the driver/car details where changed with the dvla at the time of the move so they have no excuses this time... my apologies it was a red light offence not speeding!

my partner had no problem with the fine part of it is was everything else they wanted to add. but then again thats stockport mag courts for you. and as of now my partner is layed up in bed after having a very large brain tumor removed 4 weeks ago but again i bet that wouldnt even class her as vulnerable??

this happened to us at the begining of 2013... we got a further steps notice at our address but rest of the paperwork had gone to a old address so had no chance to answer or defend.... we wrote to the court and explained this and also included i i&e form showing our money situation. plus 3 doctors/hospiatal/care worker letters outlining issues regarding health a vulnerability and the court just informed us they where passing it to the bailiffs.... only after speaking to a member on here where we aware we could do a stat dec... which we did... and this was for a speeding fine. and we have never heard a thing since doing the stat dec.

Well yes it would be tool of trade absolutely then, so long as soley for business use with one driver, but the £1350 is now so if they were to film now it would apply, that was my point.

i get your point now i just didnt no when it was filmed and had to google it. still regardless the conduct of the EA and the companys as a whole are disgusting and like has been said complaints need to be made.

If it is worth more than £1350, then under the new rules it would be fair game... apparently

was this not filmed last summer before the new rules come into play?

looks very sunny a warm in most of the program! same with the driving instructors car the other week. its all very wrong

did anybody else notice they said they would seize the roofers van if he didnt pay?? would that no be classed as work/tool of the trade???

Despite many of the comments made an HCEO can seize and sell your car.

 

They are entitled to seize jointly owned goods (you're married) and can seek an order to sell, distributing the sums raised 50/50 between you and the debt.

 

so if thats really the case nobody is safe full stop??

It is rare to see insults thrown around on this forum and frankly, it should not happen.

 

A little known fact is that on a Distress Warrant, Warrant of Execution or Writ of Fi Fa (applicable in the case of Judgments over £600 and passed to the High Court to enforce) there are the words "You are hereby commanded etc". In theory this means that the High Court Enforcement Officer MUST carry out the instructions on the warrant and he cannot "go behind" the order.

TT i have not thrown insults to anyone i was stating a point about HCEOs in general not to a individual...... i was meerly stating if the companys did there jobs properly before trying to enforce there peace of paper it would save a lot of problems especially in the case of HCEOs ...

im not going to say anymore on the subject and i did apolagise if HCEO took it personally but also he should of realised it wasnt directed at him....

HCEO is correct. HCEO's are instructed by the high court, hence the name. Thats why you MUST follow the law and correct procedure when dealing with them. They are NOT regular bailiffs and as already stated you can, and in many cases, WILL be arrested if you do not follow procedure.

 

If you could simply kick a HCEO off your premises, then nobody would pay their debts. A HCEO is the last part of the chain. A part that is used when all other methods of enforcement have failed. Allow the HCEO to do their job ( they wont seize on the first visit unless its a corporate debt), then you can challenge the Judgement. You really should have challenged the judgement from day 1, that way HCEO's wouldnt have been instructed until the dispute is settled and recognised by a judge.

i dont dispute what you say and im not throwing insults im just stating that if they did there jobs properly then i (we) wouldnt have a problem...........

HCEO i didnt mean offence to you personally. ive only had dealings with 1 certain company which isnt liked much on here or anywhere else. so maybe my judgement is biased a bit on my (our) experiance with said company as they didnt do anything as they should so i do apolagise.... that company has given all hceo companys a bad name..... just maybe a bit more research before wading in would save a lot of problems i suppose..

With the greatest of respect you wouldn't have kicked him out and trying to do so could have rendered you liable to arrest. Further he would have been able to force entry back into your property if so.

 

 

excuse me for butting in and thread hacking.... but HCEO i think you may find many have been thrown out of houses where they had no right to be and in the most cases the poor HCEO scuttled off with there tails between there legs like the rats they all are.......................and yes i no this is very true..........i have nothing against people making a living but people that dont research properly before trying to stick there size 10s in peoples doors a lives and making out they have the powers of god are disgusting human beings ......... rant over

 

and people cant be made to sign anything they dont want to as thats fraud whether you are commanded to get it or not..............

OMG I was at Manchester Court last Thurday and sitting outside when I went in was a man and women, I do not know her but, the face (wearing a very loud shirt for a court appearance) was familiar, only now and reading this do I remember where I had seen him before, his photo is on the website of the 'other' forum!!!!!! which he owns.

I'm still to be convinced that HCEO's are any more different than any other type of Bailiff particularly with regard to the fees they charge.

i agree PT they like to think they are different because they have "special" powers so they say ...the words "high court" give them super powers so they think...but when it comes down to it they are not much different and they charge ridiculous amounts of money that most dont have.

Sorry to any High Court Enforcement Officer who may be reading this reply but I personally consider that "Sheriff fees" of £822 on a debt os £1853 is steep.

i totally agree with you... WD will vouch that we had similar amounts to a similar debt.........not right at all they make things ten times worse in my eyes as people who cant afford the debt certainly cant afford the debt with there "steep" fees added.......... and i for 1 would not say sorry if my comment is read by any but i think they are the lowest of the low

and in fact after checking they added £1300 for a debt of just £695.....making it £2100 pound near enough ....rant over

the 1 thing i couldnt quite believe was repossesing a car at 1am???? surely that isnt right??

Update-mediation didn't result in an agreement. We kept our half cost of cleaning and half carpets on the table but it was rejected as suspected. He is claiming approx £1900. He came back with the offer of forfeiting our whole deposit which we declined. Hubby is concerned we will look like the unreasonable party based on this but we just can't admit to damaging the worktop esp when he has no evidence to say it wasn't wear and tear or badly sealed initially and that constitutes half of his claim.

Just a question on the issue if 'betterment'. Does te landlord submit the whole quote in his claim as he has £850+vat and the judge will account for that or should he landlord be submitting a lower amount already accounting for wear ad tear/age etc?

from what i belive the mediation isnt allowed to be discussed in court....all the court gets to no is it either worked or failed.......

well said

and what about people who try to settle debts but the creditor/claiment thinks there above anybody else and ignores coraspondance............then sends in the heavys to claim there "reward" only for it to turn out later that the person they where chasing was never the debtor....... who then has to pay them back??? ill tell you who the "claiment" not the heavy as you employed them??? so the claiment then ends up even worse off and believe me it does happen!!!!

lowrider34... im going to stick my neck on the line hear but what im going to say is fact..

...many people on this very site and others have listened to wd or pepsie as you like to say and without the advice and fantastic help would be up the creek without a paddle....

...... wd's post count says it all when compared to yourselves and indeed myselves...

.. the help we have recieved has off wd has been excellant and has saved us a lot of money and a lot of stress and as said before without the help we would be thousands out of pocket........... the advice is spot on

hi pt..........we are just going to continue paying what the judge originally set for now until it is clarified whats going on as i dont think the court in question quite knows to be honest.....one thing for certain is that the court will be getting a very harsh complaint. As if they had done there jobs properly this thread wouldnt exist

just an update........ we had the hearing in july and the stay is in place now as long as we keep up the payments to the claimant........ but strangely we recieved another letter just this weekend saying the court accepted our variation order of payment.......... confusing eh...which is for less than the payment that was ordered at the hearing.... i think the courts have slightly messed up here lol...........also thanks to wd off here for the excellant help a patiance so far:-)

well done andy505t......... just shows these can be beaten......

jafro please start your own thread for advice, to avoid confusion.

i dont need to start my own thread !!! i was just letting somecamal no he is not on his own where dodgy landlord/agents are involved

we are having a simlar problem with landlord/agent forging paperwork... and we are finding it hard to prove

has any body else on here had problems with jordans now northwood lettings in crewe cheshire???? im just trying to find out as much as i can and keep hitting brick walls and wonder if anybody else has had problems with them???

that link means nothing in all honestly as we are battleing with a ex landlord over this exact thing... apart from the gaurantour in this instance never actaully signed the document yet it showed up in court............and landlord did win twice

i dont to want highjack your thread somecamel...i just want to say we had similar problems with the judges not being all that interested in evidence that came up at the last minuete our exact response off our judge we had was " i havent got time to look at that it should of been filed earlier" yet the evidence that would have cleared our name so to speak was only given to us that very day of the court case and then the judge had the cheak to pass our papers to the claiment and the made off with our original documents............. the cival court system seems to side with the landlords more often than not no matter whats really right....

jaffro