HCEO clamped my car, i removed it, old Landlord got CCJ - help!

[sanepersongonemad]

its quite simple really - i dont understand why people dont understand it.

 

i had an issue with a landlord,

 

he got a ccj against me.

 

by the time i knew about it, it was because hceos had attended a place i rented.

 

i got a stay and set aside and went to court.

 

after alot of unfair hearings and they were unfair with the judge constantly helping the cl, it was ruled in the claimants favour.

 

i paid the claimant nearly £3000. prior to this

 

the hceo had a bill of £2700 (exact price listed above).

 

the claimant in court said if i did not pay this apparently he would be liable,

 

so the judge ruled this as correct and

 

now another hearing has been set up to determine how much i should pay,

whether it will be the full amount.

the court hearing is next week.

 

i have had a death in my family,

cannot afford 2700 and cannot cope with another hearing,

 

hence i offered £500 even though i will be borrowing this as if we can settle out of court, there will be no hearing.

 

hceos wont write it off,

dont no what to do.

i work and thats the problem.

cl is on benefits and sits back and enjoys..

 

hope thats clearer..

[sanepersongonemad]

so the hceos wqould not accept my offer - looks liek i have to go court on top of everything else. so stressed and cant seem to get any help. these are the fees tehy are charging. Anyone able to help on any of these?

 

1. 06-09-2012 12 Compliance and Administration Fee £233.90
   
2. 06-09-2012 12 DVLA Vehicle Check Fee - £15.00
   
3. 12-09-2012 6.2(b) Auction Inventory Fee £149.14
   
4. 12-09-2012 1 Percentage Fee £69.60
   
5. 12-09-2012 2 Mileage Fee £50.00
   
6. 12-09-2012 3 Seizure of Goods Fee £2.00
   
7. 12-09-2012 12 Attendance to Seize Goods Fee £181.50
   
8. 12-09-2012 12 Case Allocation Fee NOS £12.10
   
9. 19-09-2012 12 DVLA Vehicle Check Fee - £45.00
   
10. 21-09-2012 5.3(a) Attendance to Remove Fee £574.00
    
11. 21-09-2012 12 Case Allocation Fee ATR £12.10
    
12. 25-09-2012 12 DVLA Vehicle Check Fee - £15.00
    
13. 26-09-2012 12 Enforcement Officer & Porter Wait Fee £181.50
    
14. 26-09-2012 5.3(a) Attendance to Remove Fee £574.00
    
15. 26-09-2012 12 Clamp Replacement Fee - £200.00
    
16. Totals £2,314.84
    
17. VAT is applicable at a rate of 20%.
    

 

would be most greatful for the help please

[dx100uk]

urm lots of those appear bogus to me.

 

dx

[sanepersongonemad]

any ones i can challenge? they didnt even come that many times honestly

[dx100uk]

well they cant keep charging attendance to remove fee that's for sure

 

are all these before the court

 

TT is your vest person here if I were to be honest I suspect

 

sadly TT is a wee bit otherwise engaged mostly at present.

 

dx

[sanepersongonemad]

thanks for you reply. im at the funeral tomorw and court on wednesday to deal with this issue so any immediate help is appreciated.

 

this was the reply ti my offer of £500

 

We acknowledge receipt of your e-mail and duly note your comments.

Having fully reviewed the matter, please be advised that we are not prepared to accept your offer of £500.00 in full and final settlement of your liability particularly due to the fact that it was the illegal removal and damage to the wheel-clamp our officer placed on xxx that led to a large proportion of our fees.

As a result of this we consider that our fees are rightly due and if not paid action will be undertaken to recover same. If you believe that the fees charged are unlawful then you may apply to have the matter transferred for detailed assessment by the costs judge at the senior courts costs office in accordance with regulations 13(4) of the above stated rules.

 

(bit confusing as the matter is due to be discussed at court)

 

to this i replied :-

 

Thankyou for your reply.

Having read your email i would like to state i have no knowledge of the removal of the clamp and it was certainly not down to me. We are a close knit neighbourhood and believe it may be a neighbour who actioned this but it was certainly not down to me and hence i should not be made to pay towards this.

i am disappointed we could not reach an agreement and we will have to take this to court.

 

they did not attend on them numerous occasions and i did not remove the clamp contrary to the title.

 

what fees are true? i only offfered the £500 because i could not take the stress anymore with my health and the death. would greatly appreciate the help as the judge has so far been very bias to the other side.

[sanepersongonemad]

yes just looking at it again the fees are repeated like dvla check x3, case allocation fee x2, attendance to remove x2.....

[Conniff]

...believe it may be a neighbour who actioned this but it was certainly not down to me and hence i should not be made to pay towards this

There is no point in saying something like that, you will need to prove it was someone else. I wouldn't just take your word for it.

[BRIGADIER2JCS]

Perhaps you should change the title of the thread from " I removed it "(the clamp) now you blame a 3rd party for the removal!

[ploddertom]

There is still a bit of confusion that needs clearing up as it is not clear from what you have said through this.

 

1 - who did you pay the amount owing for the original CCJ?

2 - previously you have said it is the Claimant that has said you must pay him the fees owing? Is this correct?

 

If you paid the Claimant direct for the outstanding CCJ and they accepted it and did not pass it on to the HCEO then they are liable for the HCEO fees and that is for them to sort out. Your Claimant cannot take you to Court under the same Claim number as this is a separate issue.

 

Taken from - http://thesheriffsoffice.com/faqs/category/what-it-costs

What if I do a deal with the defendant outside the enforcement process, who pays your fees?

 

You will be liable for our full fees should this be the case. We would ask that once the enforcement process has started you allow us to continue until such time as the debt is repaid in full.

[Emz0305]

I don't understand this. How can these fees be your responsibility when the original judgement that was made in your abcense and without your knowledge was set aside and a new hearing was set?

 

I know you lost, but you settled the judgement. How can they now expect you to pay fees from a previous jusgement that had been set aside??

 

Have you spoken to a solicitor? It's an awful lot of money they're expecting you to pay considering you had no knowledge of the judgment against you at the time and that you proved you were not at the address in question.

[ploddertom]

I don't understand this. How can these fees be your responsibility when the original judgement that was made in your abcense and without your knowledge was set aside and a new hearing was set?

 

I know you lost, but you settled the judgement. How can they now expect you to pay fees from a previous jusgement that had been set aside??

 

Have you spoken to a solicitor? It's an awful lot of money they're expecting you to pay considering you had no knowledge of the judgment against you at the time and that you proved you were not at the address in question.

 

There is that argument and I understand where you are coming from but the Set Aside was also subsequently Set Aside.

[Emz0305]

Ahh I missed that bit!

[sanepersongonemad]

thankyou. i have come back from my loved ones funeral and am so upset and instead of resting have to deal with this as court is tomorw lunchtime.

 

the title was changed for me - i didnt write tht and dont know how to edit this as this was done by somebody who merged the threads. we live in a low socio economic area you could say and everyone looks out for each other here. thats all i can say about that.

 

the original ccj amount was paid to the claimant after hearings in the small claims court. the judge was extremly unfair and bias.

 

 

the claimant last time told the judge that i need to pay the hceos the money above which was when the hceos visited when i dint know of the ccg - otherwise hes liable. the judge also took a break for 2 hours to check this. she always helps them!

 

this is all under the same claim in small claims court. seriously fed up of this.

[sanepersongonemad]

and i cannot afford a solicitor even though i work fulltime

[ploddertom]

 

the title was changed for me - i didnt write tht and dont know how to edit this as this was done by somebody who merged the threads. we live in a low socio economic area you could say and everyone looks out for each other here. thats all i can say about that. The thread title refers to the original thread you started, it is very difficult to keep a handle on things if you meander off in another direction.

 

the original ccj amount was paid to the claimant after hearings in the small claims court. Read what I said in Post 235 above. the judge was extremly unfair and bias. Unfortunately the decision was made whether you like it or not.

 

the claimant last time told the judge that i need to pay the hceos the money above which was when the hceos visited when i dint know of the ccg - otherwise hes liable. Precisely because he elected to take the payment and not inform the HCEO. the judge also took a break for 2 hours to check this. she always helps them!

 

this is all under the same claim in small claims court. seriously fed up of this.

 

The fees cannot be part of the same CCJ as you paid that. The HCEO really doesn't care who pays as long as he gets his money. You should be stressing that as the Claimant accepted the money it is therefore his responsibility and not yours.