Newlyn HCE limited - HELP desperately needed

[ire395]

Hi all,

 

I had a knock at the door this morning from an employee of Newlyn High Court Enforcement limited.

 

I answered the knock from an upstairs window to see a van parked outside my front door, although there is no roadway and is only accessable to pedestrians. A man introduced himself and asked me for "a word."

 

As I made my way to the door, he helped himself and walked in.

 

He told me a CCJ had been lodged against me last week and that this was now a High Court Matter and if he did not receive full payment he was going to call another truck, I would be liable for more costs, and he would strip most of the belongings in my house.

 

My costs are approx £1400 for judgement debt, and £1000 Execution costs, although he put £90 on this for being with me for the hour.

 

I explained that I had not worked for around three months earlier in the year as my other half was mentally unwell and had tried to take her own life on more than one occasion. This meant savings had dissapeared, debts accrued and I had no way of paying the full amount.

 

He had me ringing round family and friends pleading for help at his suggestion only for everyone to be in the same skint boat as me, and me left feeling completely belittled and helpless.

 

He has left me with a Notice Of Seizure with the details of my goods on it, and gone away with 2 post dated cheques amounting to the full amount to be cashed in two weeks and 4 weeks.

 

No details of the execution costs are broken down.

 

I do not want him back at my house as I worry greatly for my fiancee and her state of mind, but wonder what I am legally able to do in order to:

 

1) Challenge the £1100 they want for scareing the life out of me(although they did a good job) and making a list of my goods.

 

2) Make a more sensible repayment plan if possible.

 

No cliches intended, but all and any help is really appreciated as I just don't know what to do.

[unclebulgaria67]

Will the cheques go through if they are presented ?

 

What was the original debt for ?

 

Were you not aware of the CCJ?

 

If the CCJ was only last week, you normally have 30 days ( I think) to settle the debt or ask to come to a payment arrangement.

 

Think you would need to go back the court and ask for a variation order to make affordable repayments ( form N245) ? I think this is right, but others will be able to confirm.

 

I am not sure about the HCEO fees. They do charge an awful lot. You can challenge these, but I am not sure of the process.

[lookinforinfo]

I am so sorry to read about your problems. I hope your fiancee is on the mend.

 

There will be others who know more about the position you are in than I do, but I will ask the basic questions to get you started and the experts will follow up your

replies.

 

First, were you informed that there was a Court hearing prior to you receiving the CCJ?

Second, if you knew it was imminent, was the amount claimed justified?

Third, did you receive a letter from Newlyns to say they were coming. If yes, when did you receive it?

Fourth, do you know the date of the Court hearing when you received the ccj.

Fifth, is the debt all yours, or is part of it your fiancees'?

 

Is it possible to pay the creditor direct, rather than pay the bailiff?

 

The reason I am asking is that if you knew nothing about the ccj or if you feel that you could reasonably have challenged it, then you can arrange to have the ccj

set aside, which would put the bailiffs' actions on hold.

 

It's a pity that he was able to gain entry to your house as that gives him a greater opportunity to increase his charges. But we are where we are. When he entered your house,

[he is legally allowed to enter peaceably] he would have taken an inventory of what he can take to sell at auction at a later date, should he be unable to get payment from you in

any other way. When he left, he should have left you with a list of the items he has levied on. Could you please list them for us to see whether he can raise enough money from the

items to justify the levy. He should also have left you with an itemised breakdown of his fees and the Court fine. Please list those too as bailiffs are extremely good at inventing fees.

I am not aware that bailiffs charge £90 per hour. And he lied to you when he said he could come back with a truck to remove your goods and strip your house clean that day.

 

To find out if the bailiff has overcharged you and indeed whether he is certificated or not if not certificated, the levy was invalid] please send this lletter to his company by recorded delivery

 

Their Address 1

Their Address 2

Their Address 3

Postcode

 

BY POST AND BY EMAIL

 

DATE

 

Dear Sir/Madam

 

Re: [YOUR NAME + REF]: Your fees.

 

I write following visits by your bailiff however there appears to an irregularity with your fees and I am writing to ask you to provide me the following within seven (7) days:

 

1) The name of the court that issued the certificate for the bailiff in charge.

 

2) Written itemised Breakdown of a) your fees, and b) the original debt.

 

3) The name and address of the organisation that instructed you

 

4) a) Truthfully confirm in writing your fees are lawful and comply with legislation or, b) refund me the unlawful fees plus reasonable compensation for being cheated by your bailiff with his fees by midday the seventh day from the date of this letter.

 

A bailiff or any other person who dishonestly charges for work that has not been done will be committing an arrestable offence under the Fraud Act 2006. Section 2 of the Act specifically describes a person dishonestly makes a false representation and intends, by making the representation, to make a gain for himself or another, or cause a loss to another, or expose another to a risk of loss therefore, if no satisfactory refund is made to me by 12.00 midday seven (7) days from the date of this letter I will automatically file a complaint to police under the 2006 Fraud Act and the Proceeds of Crime Act 2002. If you have charged VAT on unlawful fees then you may be reported for VAT fraud and your documents will be given in evidence.

 

Case law requires I recover unlawful bailiffsicon fees from your client that instructed you. If you fail to make the required refund within seven days I will automatically proceed by filing the claim at court.

 

This is a letter before actionicon and is not a request to access any personal dataicon as defined under the Data Protection Act 1998.

 

This letter is delivered by Royal Mail and deem it good service upon you by the ordinary course of post under Section 7 of the Interpretation Act 1978. It now is your responsibility and in your best interests this letter is handed to the relevant person within your organisation.

 

Yours Sincerely

 

YOUR NAME

 

 

You should be aware that banks these days do not check for postdated cheques when presented for payment. So the bailiffs may well present your cheques earlier than you expect.

The bank should return them marked "post dated" but it might be an idea to contact your bank [writing] and expressly forbid payment until the due date

[ploddertom]

I am so sorry to read about your problems. I hope your fiancee is on the mend.

 

There will be others who know more about the position you are in than I do, but I will ask the basic questions to get you started and the experts will follow up your

replies.

 

First, were you informed that there was a Court hearing prior to you receiving the CCJ?

Second, if you knew it was imminent, was the amount claimed justified?

Third, did you receive a letter from Newlyns to say they were coming. If yes, when did you receive it?

Fourth, do you know the date of the Court hearing when you received the ccj.

Fifth, is the debt all yours, or is part of it your fiancees'?

 

Is it possible to pay the creditor direct, rather than pay the bailiff?

 

The reason I am asking is that if you knew nothing about the ccj or if you feel that you could reasonably have challenged it, then you can arrange to have the ccj

set aside, which would put the bailiffs' actions on hold.

 

It's a pity that he was able to gain entry to your house as that gives him a greater opportunity to increase his charges. But we are where we are. When he entered your house,

[he is legally allowed to enter peaceably] he would have taken an inventory of what he can take to sell at auction at a later date, should he be unable to get payment from you in

any other way. When he left, he should have left you with a list of the items he has levied on. Could you please list them for us to see whether he can raise enough money from the

items to justify the levy. He should also have left you with an itemised breakdown of his fees and the Court fine. Please list those too as bailiffs are extremely good at inventing fees.

I am not aware that bailiffs charge £90 per hour. And he lied to you when he said he could come back with a truck to remove your goods and strip your house clean that day.

 

To find out if the bailiff has overcharged you and indeed whether he is certificated or not if not certificated, the levy was invalid] please send this lletter to his company by recorded delivery

 

 

 

YOUR NAME

 

 

You should be aware that banks these days do not check for postdated cheques when presented for payment. So the bailiffs may well present your cheques earlier than you expect.

The bank should return them marked "post dated" but it might be an idea to contact your bank [writing] and expressly forbid payment until the due date

 

May I suggest you edit your post as this letter will not work on this occasion.

[dx100uk]

what is the debt for please

who got the ccj?

 

 

more info needed

 

dx

[lookinforinfo]

Ploddertom, you are right, I did include the wrong letter. Thank you for that. I would have been quite happy for you to have posted the correct one

in the interest of ire395 to get the info they need quickly. I have now put the correct letter below.

 

My Name

My Address

 

To:

The bailiff Co

bailiff company address

 

Ref: Account No: .............

 

Dear Sir

 

With reference to the above account, Can you please provide me with a breakdown of the charges.

 

This includes:

a - the time & date of any Bailiff action that incurred a Fee.

b - the reason for the fee.

c - the name(s) of the Bailiff(s) that attended on each occasion a Fee was charged.

d - the name(s) of the Court(s) the Bailiff(s) was/were certificated at.

e - the date of the Certification.

 

This is not a Subject access request under the Data Protection Act S7 1998 so does not incur a fee of £10. You are obliged to provide this information.

 

I require this information within 14 days.

 

Yours faithfully

Edited August 11, 2012 by lookinforinfo
tidying up post