Excessive HCEO fees. Please Help!!!

[sydr1234]

Dear Forum,

 

This is my first thread and would much appreciate your feed back. I currently have a representative of Wilson & Co. chasing me for payment of £2250.00. The debt has been moved from a CCJ to the high court and is owed by me personally for a non CCA Regulated agreement. The original debt including CC costs was for £1538. Wilson & Co. have taken it upon themselves to add approx £680 for hand delivering the letter asking for payment. I have asked for a breakdown of their costs which include among other things - enforcement under fee 5(3) £330, No sale inventory fee 6(2)(b) £82.78, execution costs £107 etc etc etc.

 

I was not in when the letter was hand delivered, but subsequently called the enforcement officer back. He has never entered my property. I have told the HCEO I have no way to pay the whole debt but could raise some money through friends. I have other substantial personal debt (all CCA regulated), I have no significant assests or equity.

 

My questions are as follows -

 

Are the charges legal/reasonable/negotiable?

Will these people negotiate if the original client is willing (I spoke to them and they seemed reasonable but referred me back to Wilson & Co.)

I do not have the means to pay ALL the money, especially now the £600+ has been added, but would like to avoid any kind of earnings attachment. I am now in full time work and would like to avoid a court derived means test on my income.

 

Any advice would be much appreciated. Thanks for looking!

[PGH7447]

http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/231859-high-court-enforcement-fees.html

 

2 threads same content, sorry I cant help you with the issue, but please try to keep to one thread

 

although are the charges reasonable, I doubt it

 

If you have the cash then pay the client and stuff the bailiff, if you send the client a cheque i am sure they would cash it

[Nulla Bona]

The HCEO will still enforce for their fees if you pay the claimant direct. Be warned.

[brownefamily]

As HCEO's go Wilson & Co are one of the better ones - I know that comment will upset some people but I consider HCEOs to, unfortunately, serve a purpose.

In your case, if you'd contacted the court and creditor after getting the CCJ, you could have come to an instalment arrangement and only be looking at paying back £1538. As it is, you didn't and so you have given an HCEO work

However, they haven't gained entry, so can't charge an Inventory Fee or anything to do with Walking Possession

I would write to them (copying in the original creditor) stating you can afford £x per month but will only pay the debt, plus transfer up costs, sheriff's poundage and mileage plus interest at 8%pa and nothing else.

It would be good to send them the first payment if you can.

Under HCEO regulations, any other costs must be incurred or justified by the HCEO and they will struggle to do this.

They would LIKE to charge you 25p per day walking possession plus have you sign a Walking Possession Agreement so that they can enter your premises if they need to but they cannot force you to do this, so don't sign

Do try to pay back the debt and understand that because it has been passed to the HCEO there are some fees to pay (and interest) but I would estimate that little more than £1800 is due in total

Don't offer more than you can afford but do try to pay it off

[Nintendo Pü]

The HCEO will still enforce for their fees if you pay the claimant direct. Be warned.

 

There is nothing in the High Court Enforcement Officers Regulations 2004 that says the debtor is liable for paying the enforcement fees prescribed therein.

 

HCEO's commonly collect consumer and private debts and the claimant will have already paid the fees in advance.