H CEO please help I can't cope anymore

[Looneyfitter]

Hi all I'm new to the site.

 

Can anyone help me I'm at my wits end now with debt.

I had a company go bust on me 18month ago, taking me for 26k leaving me in alot of debt.

I am fighting a court claim at the moment for 2k with a blind company.

Awaiting a court date.

 

I have returned home today to find a letter from hceo saying they will be removing goods.

The total is now 3k? I

have checked my credit file and there is a ccj listed against me with the creditors details.

Could I have missed the court date?

 

What situation am I in with regards to the officer?

Can he enter my home?

Can he take the car? ( my wife needs it for work and to get kids to school)

im only working 16hrs wk at the moment.

We are 20k in mortgage arrears and thinking of BR or an IVA.

Most of our stuff is joint owned.

 

The reason I'm taking the company to court is because the credit was in a company name and they are Persuing me.

 

I'm really at my wits end now.

 

Please help. Looney

[dx100uk]

not my game sadly

 

but through the advvanced search top right and the stickie at the top of this forum momepage

there should be clues to help for now

 

and also look at other threads with HCEO in the title.

 

i would post up more details about this here if i was you

 

the troops will be on in the morning.

 

dx

[ploddertom]

Hi all I'm new to the site. Can anyone help me I'm at my wits end now with debt. I had a company go bust on me 18month ago, taking me for 26k leaving me in alot of debt. I am fighting a court claim at the moment for 2k with a blind company. Awaiting a court date.

 

Anyways I have returned home today to find a letter from hceg saying they will be removing goods. The total is now 3k? I have checked my credit file and there is a ccj listed against me with the creditors details. Could I have missed the court date? Had you received any documents from Court? Did you acknowledge their Service? Did you reply? Did you enter a defence, counterclaim, offer of payment? If not you maty be able to apply for set aside. Have a read of this linek:

 

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

 

What situation am I in with regards to the officer? Can he enter my home? Only by peaceful means. Can he take the car? Yes but it may depend upon whose name it is in or is it on finance ( my wife needs it for work and to get kids to school) im only working 16hrs wk at the moment. We are 20k in mortgage arrears and thinking of BR or an IVA. Most of our stuff is joint owned.

 

The reason I'm taking the company to court is because the credit was in a company name and they are Persuing me.

 

I'm really at my wits end now. I can't take this anymore

 

Please help. Looney

 

PT

[Looneyfitter]

Please can anyone help me? I really dont know where I stand with this Bailiff.

 

The story..

 

In Sept 2010 I ordered some blinds for my house/conservatory in my Business Name as i was turning it into an office, for the sum of £3750, i paid a deposit of £1500. The blinds were fitted and I was then invoiced for the remaining balance. Unfortunately shortly after I was invoiced I had a company go Bust on me leaving me with no money. I spoke to the Blinds Company but they wasnt interested.

 

The next thing I know ( Nov 2011 ) there is a Bailiff from the High Court at my door with a Warrant in MY NAME, I was unaware they had even been to court. Now I didnt let him in and I cant remember him Levying anything.

 

I checked my companies status as it was a Limited Company and unknown to me Companies House had Dissolved my company in May 2010.

Now because I should have known about my Company I thought I would Honour the debt (and because i still had the blinds) so I made an arrangement with the Bailiff to pay £30 per month. I have paid this every month without fail.

 

2 weeks ago I received a call from the same Bailiff who I made the arrangement with, saying that he had been instructed to take my car and that he wouldnt but would have to post a notice letter, he said he believes it is unfair as I have stuck to my sideof the deal.. He has been very helpful and has gave me the heads up when hes coming etc.

 

However, today I have had another call from him to say that he is being put under more and more stress from his Directors and eventually he will have to come and take it :mad2:

 

The question is where do I stand? My 8 year olsd son has just been diagnosed with Diabeties and my wife needs the car to go the school etc to give injections and so on.

 

Also the car is worth over 20k and the Debt is just over £2800 with fees etc.

 

Any help would we greatfully received..

 

Gareth

[ploddertom]

In whose name did you order the blinds? Whose nmae was on the original CCJ and is this the same name on the Writ the HCEO has?

[Looneyfitter]

Hi Tom thanks for the reply. The blinds were ordered in my LTD Company name (although unknown to me Companies House had Dissolved my company) before before I ordered them.

 

The CCJ is definately in my name but im not sure about the Writ/Warrant as I have never seen it. I have asked for all paperwork from HCE regarding payment history a copy of the agreement I made and a copy of the Warrant but all they sent (email) was the payment History.

 

Many Thanks

 

Gareth

[renegadeimp]

Did you sign a personal guarantee as the LTD company?

 

It sounds like he gained judgement by default by filing the claim on the wrong address. If you didnt sign a personal guarantee, and its only in the OTD name, then you need to get the judgement set aside and possibly get your money back.

[Looneyfitter]

Nope no personal Guarantee. I still have a copy of the initial agreement with My Company name on it.

[renegadeimp]

Then it sounds like he got the CCj in your personal name via another address. You need to get it set aside.

[Looneyfitter]

Both address's would be the same as my business address is my Home address. Also I have been reading about HCE'Os not being able to take cars etc if there is fanance or a loan on the vehicle. Can anyone enlighten on this? Ie if i got say a £200 log book loan would this help save my car?

[Looneyfitter]

Also how do I set aside? do I just fill in the n244 form and take it to my local County Court?

[renegadeimp]

Im not sure specifically. Hold off until someone more knowledgeable can guide you. Youve got till monday anyway, so take a breather.

 

One thing im puzzled is this bailiff said his directors are on his back, yet it should be the claimant is on his back.

[ploddertom]

I think you will find that it was discovered your Ltd Co had been struck off which would then leave you exposed to the debt in your own name. In my view I don't think set aside will succeed. As your agreement is with the HCEO then I'm not surprised they are looking for more and if you deny him entry then he can indeed take your car to settle the debt, doing a LBL at this stage will be futile as it will be apparent it has been done to try & evade payment.

 

You do have 2 courses of action you can take:

1 - Variation Order - whereby the Court can set the level of payment

2 - A Stay of Execution against the HCEO - the grounds of which could be:

i - you cannot afford the fees demanded

ii - you may be classed as potentially vulnerable as your son has Diabetes - Type 1 or 2 - and needs regular medication & monitoring

iii - the HCEO is threatening to seize & sell your vehicle which is required because of your sons illness

 

Please note however that the Court may refuse the Stay as the vehicle could settle the debt and there should still be enough left from its sale to purchase another vehicle. On that basis it would be better to sell the vehicle yourself.

 

Have you asked the Enforcement Officer for a breakdown of the fees they have charged as I suspect most of what you have paid so far willhave gone on fees.

[Looneyfitter]

Thanks for the advice.. I thought as much which is why I have been paying the debt. I have no problem paying but it has to be within what I can afford.

 

Also with regards to the CCJ does the fact I knew nothing about it untill the Baliff knocked count for anything?

What is an LBL? What form do I need to fill in for a Stay?

 

Here is what I had back when I asked for a breakdown.

 

£2,274.84 - Payable to the Claimant, made up as follows: -

£1,752.56 - Judgment Amount & Costs

£111.75 - Costs of Execution

£410.53 - Interest @ 8.00% p.a.

£579.51 - Officer Costs, inclusive of VAT, made up as follows: -

£161.59 - Valuation Fee

£5.45 - Daily Seizure Fee

£357.01 - Additional Charges consisting of Administration & Financial management fees and

arrangement fees.

£55.46 - Poundage

£2854.35 TOTAL

 

Then on my statement it says this.

 

Judgement Debt : £1,986.56

Execution Costs : £111.75

Interest : £151.02

Claimant Total : £2,508.84

Officer's Fees : £638.35

Balance : £2,854.35

Less Credits : £0.00

Total Levy : £3,214.35

Less Payments : £360.00

Daily Interest : £0.38

 

With regards to my car, it was paid for from my personal account but the money used to pay for it was actually my Current Ltd Company's. I dont use a Business Account I just Invoice and then get paid via BACS into my Personal Acc. Could it theoretically be classed as a Company car even though it is in my name?

 

Many thanks

[ploddertom]

 

Also with regards to the CCJ does the fact I knew nothing about it untill the Baliff knocked count for anything? You never had the chance to defend or counterclaim but as you admit the debt is owed it is of little consequence as a CCJ would have been awarded anyway, but at least you could have a formal arrangement to pay without the involvement of the HCEO.

What is an LBL? Log Book Loan What form do I need to fill in for a Stay? N244 but if going down this route you may need a hand to fill it in.

Here is what I had back when I asked for a breakdown.

 

£2,274.84 - Payable to the Claimant, made up as follows: -

£1,752.56 - Judgment Amount & Costs

£111.75 - Costs of Execution

£410.53 - Interest @ 8.00% p.a.

£579.51 - Officer Costs, inclusive of VAT, made up as follows: -

£161.59 - Valuation Fee - what did they value?

£5.45 - Daily Seizure Fee - what did they seize?

£357.01 - Additional Charges consisting of Administration & Financial management fees and

arrangement fees. Ask them to define each one?

£55.46 - Poundage - they can only charge this for monies actually collected which is 5% on the first £100 = £5 and then 2.5% for everything else, so for £360 it should be £11-50 in total

£2854.35 TOTAL

 

Then on my statement it says this.

 

Judgement Debt : £1,986.56

Execution Costs : £111.75

Interest : £151.02

Claimant Total : £2,508.84

Officer's Fees : £638.35

Balance : £2,854.35

Less Credits : £0.00

Total Levy : £3,214.35

Less Payments : £360.00

Daily Interest : £0.38

 

With regards to my car, it was paid for from my personal account but the money used to pay for it was actually my Current Ltd Company's. I dont use a Business Account I just Invoice and then get paid via BACS into my Personal Acc. Could it theoretically be classed as a Company car even though it is in my name? Others better than me should be able to explain this one.

 

Many thanks

 

PT

[Looneyfitter]

PT

 

Hi Tom many thanks. Do you think I should go down the 244 route then? I need to buy some time at least. I'm wondering if If they may take a partial Final payment after Christmas as I have a van to sell which is worth about £1600. I could poss add £400 to that.

 

I'm not sure what he has valued and he hasn't seized anything. I haven't had a levy or anything through the door either.

 

The Baliff has been very helpful if I'm honest. I just hope it isn't a smoke screen. I'm going to call him tomorrow.

 

I will also ask for a full breakdown.

[ploddertom]

You may be better off submitting a Subject Access Request - costs a tenner but can be invaluable. A full breakdown will only give you a list of figures. As your car has not yet been seized there is nothing to stop you parking it elsewhere out of sight. Personally I think the N244 won't work as there appears to be too much against you.

[wonkeydonkey]

Did you know the claimant had gone for a ccj, ie: did you receive a letter before action followed by the N1 claim forms then notice of the Judgment?

 

 

If you had made arrangement with the HCEO and have not defaulted on that, what reason do they give to a suggestion the full amount is now due to them. Do you have the arrangement in writing?

 

 

They cannot simply say 12 months down the line 'we have cancelled our arrangement with you now pay us in full'

 

 

Your answer to the above will give a clearer picture to allow advice on what your next step should be.

 

 

WD

[Looneyfitter]

Did you know the claimant had gone for a ccj, ie: did you receive a letter before action followed by the N1 claim forms then notice of the Judgment?

 

I didn't get any notice of a claim form, just a letter to say I had a judgement and then hceo turned up.

 

If you had made arrangement with the HCEand have not defaulted on that, what reason do they give to a suggestion the full amount is now due to them. Do you have the arrangement in writing?

 

They haven't give me a reason! Basically he just rang me and said they now want paying in full, do you drive "such a car". Note I had the car well before the arrangement.

 

No written agreement although I do have bank staments showing the same amount each month. I also have a bailiff letter from sept which said I was £30 in arrears with my payment agreement which I WASNT. I rang immediately and this was rectified. I have always paid on time.

 

 

They cannot simply say 12 months down the line 'we have cancelled our arrangement with you now pay us in full'

 

 

Your answer to the above will give a clearer picture to allow advice on what your next step should be.

 

 

WD

 

Replied to above many thanks. This is really getting me down now

[Looneyfitter]

You may be better off submitting a Subject Access Request - costs a tenner but can be invaluable. A full breakdown will only give you a list of figures. As your car has not yet been seized there is nothing to stop you parking it elsewhere out of sight. Personally I think the N244 won't work as there appears to be too much against you.

 

 

What is a Subject Access Request? I'm completely lost

[wonkeydonkey]

A Subject Access Request is an application you can make on the HCE the cost is £10 and they have 40 days to reply. The law states they must provide anything and everything they hold on you so this is a useful tool as it should provide you with a detailed sequence of events, show what fees have been applied to what work they allege to have carried out, there should be a screen shot of the traffic on your account and contain in your case notes who authorised the bailiff to renege on the repayment plan you have in place plus their reasons for doing so. It should also give the date the alleged 'levy' on your car took place and outline how that levy was conducted. Some of the replies to SAR's can be difficult to dissect but there are people here on cag who can do that for and make note to any discrepancies or irregularities contained within it.

 

 

At the moment I can only see grounds for set aside based on the fact you have never received the claim, now that is fine as you are entitled to submit/counterclaim and it could be argued you have been denied that right.That you have acknowledged the fact the debt is there would leave you possibly exchanging one ccj for another as a further hearing will be required to hear your defence. There are however other options available to you but lets take it one step at a time.

 

 

I would suggest you continue to make your regular payments and perhaps wait until you have the reply to the sar before you take further action. You can still apply to stay the writ and use the fact you have submitted the sar and are awaiting a reply to enlighten you further. That will need to be worded very carefully but once again help is at hand to help get it right. If you choose to do that then you must inform the HCEO, they can still try to enforce the writ in the interim period but many will put that on hold pending the outcome, best bet would be to refuse them entry and make sure the car is safely tucked out of the way.

 

 

Could you tell us who's the HCE as it helps to know who we are dealing with or if you prefer not to give that info on the forum perhaps you could send a PM to the site team and they will pass it on to me (you don't as yet have enough posts to send PM)

 

 

Please try not to worry over this.

[HCEOs]

You have a asset worth over £20k (and a van worth £1.6k) and you were only paying £30 per month? I think you've been lucky to keep the car to date.

 

I agree that you should have been aware of the judgment but my advice is to downgrade your car and pay the judgment debt at least. You can argue the costs afterwards.

[HCEOs]

They cannot simply say 12 months down the line 'we have cancelled our arrangement with you now pay us in full' WD

 

I would disagree.

 

The creditor may be putting pressure on the HCEO and given that the debtor has sufficient assets to easily cover the debt it should be paid in full in my opinion. It is not right that the creditor has to wait years for their money when the debtor has the ability to settle it quit easily.

 

I would also add that many repayment arrangements are agreed at the time of initial enforcement and some HCE companies have a clause that any agreement will be reviewed in a year to see if the debtors personal circumstances have improved.

[Looneyfitter]

Hi WD thanks for clearing that up much appreciated. May I ask tho, who do I send the SAR too? I will also send the Bailiff company name via PM as you suggested.

 

I have today put the car in the company name as I believe is is company property, it was paid for using company money at the end of the day. It also has the company Logo on the rear windows. I also use it for going to see customers etc. Also i dont actually believe there is a Levy on the car as there has never been any paperwork issued etc. Time will tell I suppose.

 

HCEO

 

My circumstances havent changed at all since we made the arrangement so why should they be able to demand more money now? I have another debt for 7k for a failed company I backed. Unfortunately i was took for 35k and it all went tits up. I pay this debt £50 p/m and its not a prob for the creditor. The van is also company property however when i sell it I will have to take the proceeds as a Dividend a pay them.

 

Thanks for all the help it really is appreciated.

Edited December 2, 2013 by Looneyfitter

[Looneyfitter]

Hi I didnt realise i could click the bold lettering and it would take me to the forms req. Many thanks. I will now send the forms off.