High court enforcement officers/CC bailiffs same thing????

[casbah]

Hi Everyone

 

What, in layman terms, is the difference between a high court enforcement officer and a county court bailiff?

 

I have received a hand delivered letter, stating I have an outstanding balance of £918.62 for water rates.

The letter is titled " High Court form 55 -notice of seizure.

 

Now, at no time has these guys entered nor even spoke to me yet the demand is for......................£2,261.18

 

Their "schedule" for this is made up as follows;

 

Amount of Judgement or Order ( including interest awarded by Judgement or Order) £918.62

Judgement costs £147.00

If sent from county court by certificate interest 2 post judgement or county court judgement or order over £5,000 until date of certification £10.82 at the rate of 8% per annum.

Cost of execution £101.75

Charges of the Authorised High Court Enforcement Officer £1,083.69

 

Boy! am I up the swaney

 

Any feedback?

 

Cas

[ploddertom]

What you have is correct.

 

I assume you owed the water board, they went to court and got a CCJ against you, you didn't pay and they transferred the debt through the High Court and you have now had a visit from the HCEO.

 

Did you know of the CCJ? Did you defend, counterclaim or make an offer of payment? Is the first you knew of this when the HCEO turned up?

 

PT

[casbah]

Hi Tom

the answers are No,No,No and yes

But I must be honest here, I may have had letters, need to check this out but the one brain cell is acting like a sieve, no excuse I know but I am more interested in the £1100 bailiff fees.

Now I know they have not been to my house before now, they claim they have levied etc but I have nothing from them so can't see how they can say they have a list to sell at local auction

 

Cas

[casbah]

Oh and one other thing if it was to be heard at High Court wouldn't I have been told to appear and answer it?

Cas

[ploddertom]

Oh and one other thing if it was to be heard at High Court wouldn't I have been told to appear and answer it?

Cas

 

No - it isn't a Hearing just a rubber stamping exercise - you get no notification or warning until they turn up.

 

PT

[ploddertom]

Hi Tom

the answers are No,No,No and yes - in that case you have grounds to apply for Set Aside, have you moved from where the debt applies to? To apply for Set Aside you use Form N244 and as well as applying to set the CCJ aside you must also apply for a Stay of Execution until your Set Aside application is dealt with - see more below. Cost of this is £75 unless on a low wage or benefits in which case also use Form EX160 for Fee Remission.

But I must be honest here, I may have had letters, need to check this out but the one brain cell is acting like a sieve, no excuse I know but I am more interested in the £1100 bailiff fees. Don't worry about the fees for now as that can be sorted later.

Now I know they have not been to my house before now, they claim they have levied etc but I have nothing from them so can't see how they can say they have a list to sell at local auction

 

Cas

 

have a read of this first:

 

http://www.insolvencyhelpline.co.uk/debt_factsheets/how_to_set_aside_a_judgment_in_the_county_court.php

 

If you do apply the most important application has to be the Stay of Execution as this will halt all HCEO action and charges until your set aside application is dealt with. If this is the route you do go I would urge you strongly to send a copy of the application to the HCEO and his Company. As for submitting the forms to Court best bet is by hand and urge them to treat the Stay as urgent. If you get stuck filling the form in give me a shout and I'll help but please note I am due to go away next week.

 

PT

[casbah]

Ploddertom

I hereby declare that IMHO you are officially the best thing since sliced bread and I love you for it.

Cas

[casbah]

Hey Tom,

Hope you're about some time.

Just wanted to let you know my update.

Heard back from the high court, was told it was still infront of the Judges! Since had a letter telling me its been stayed until 30 nov AND I have liberty to apply for variation!!! ( only got 3 days to act though)

 

Cas