@santanderbankgb Bounced Cheque - Cause for Action for Damages? ** VICTORY IS MINE **

[madpriest]

County Court Baliffs at £100 or should I pay £60 to up it to HCEO (the big boys)

[BankFodder]

no.only bailiffs.

 

first - if an HCEO collection fails, you will have to pay the costs. HCEO could run to a couple of thousands.

 

 

 

second - collecting from a bank doesn't need heavies.

 

 

 

use bailiffs

 

 

 

 

 

 

 

from my phone

[madpriest]

Thanks - the post did bot bring the judgement so I can't move yet although I was informed

over the phone by the court that judgement was given yesterday - we await the mailman.

 

I've done some more research and have decided to go the HCEO route rather than baliffs for

a number of reasons as follows:

 

Firstly, County Court Balliff is £100.

Those guys get paid whether they recover or not.

They give Santander 7 days notice of visit thus giving space for Santander

to apply for a stay of execution or a set-aside

 

Second - you are a little mistaken about costs of HCEO

The costs upfront are £60 for a fi fa.

The HCEO takes care of all the paperwork from hereon.

They give NO notice of intended visit - they will either get the money or remove property.

If the enforcement fails, (unlikely) my further outlay is £60 fixed fee for the visit

+ VAT so my total outlay at worst is £132 - I can live with that

 

The thing that finally persuaded me was NO notice of visit.

 

Also the idea of turning the weapons that the Banks use against themselves

seems full of irony

 

 

 

I'll keep you all informed

[BankFodder]

Please heed this serious warning. I had direct experience of putting in the HCEO. I can tell you that the £60 deal is often presented but in the event that they don't manage to execute the warrant - then I can pretty well guarantee that they will come to you for wasted costs.

 

I have managed to knock them back on two ocassions because I took care to get it in writing that the £60 was my maximum exposure.

I know others who have been hit with their wasted costs.

 

Have an email exchange with them and tell them that you are thinking if using their services for a warrant against Santander. You understand that the maximum cost to you is £60 and that all other costs will be levied against the bank.

You need them to agree that this is correct.

 

Be careful of these people. Don't think that they are decent and trustworthy just because they are approved by the court. They aren't. They are hardnosed businesses and they are used to getting their own way and they aren't used to being frustrated.

 

But if you can do that, then yes an HCEO visit would be wonderful. If you were able to get the date - you get get round and take some pictures - and we'll make sure they are published.

 

Believe me - ye of little faith.

[madpriest]

Thanks for that useful bit of advice. Get them to agree maximum fees in advance in writing

[slick132]

The series on BBC1 "The Sheriffs are Coming" follows HCEO's on their jaunts and they certainly seem to get results with the enhanced authority on which they act.

 

The programme makes a big noise about how it only costs £60 to send them in.

 

If you're liable for further fees in the event of failure, that would be a huge blow and folk should obviously be wary to get agreement up front about HCEO's costs.

[madpriest]

thanks slick132 for that.

 

The company in that BBC series are actually called "The Sheriffs Office" which is the trading name of

a company in Croydon.

 

Their terms of business say that apart from the £60 court fee, the only other thing is

if the execution is a wash-out they will write a report and you get charged another £60 for that + VAT

so exposure = £132

 

However there is small print in that if there is a set aside or some other things, then they can charge you for the work done.

 

So I'm emailing others to ensure that my max exposure is the max exposure and nothing else.

 

Watch the space

[slick132]

The TV prog makes it look so simple and so cheap, but if Bankfodder urges caution regarding fees, you'll do well to follow his advice.

 

I'll continue to watch with interest...........

 

[madpriest]

Postman hs arrived bringing with me the judgement from Northampton County Court

 

Its entitled "Judgement for Claimant (In default)"

and its form N30

 

However it says "To the defendent ... You have not replied .... You must pay ...."

 

 

There's no notice to me --- is this correct - all you get is a copy of a notice to the Defendent?

 

Ok so off we troll

 

p.S. Ignore the question above. I've looked it up. Thats all I get. A copy of the Judgement that was sent to the defendent

Edited February 2, 2013 by madpriest

[madpriest]

OK so i've had a response from one HCEO in my area as follows:

 

From reading your email you seem to have done your research and you are correct – the court fee is £60 on sealing the High Court Writ of Fieri Facias (Fi Fa) and we charge £50 plus VAT in the event that we cannot collect on your judgment. This is the total exposure to costs and fees that the Sequestrators and Parochial Church Council would be liable for.

 

 

Couldnt get much clearer than that

[BankFodder]

Perfect.

 

Have fun

[BankFodder]

Any news???

[madpriest]

we are in waiting mode.

 

Judgment in default obtained. No acknowledgement -

 

Application in process for Writ of Fi Fa through HCEO

Fees paid etc.

 

My guess it will be 3 weeks.

 

I am ringing the court twice per week to see whether there is any

application for setaside - No Applications received and still no acknowledgment.

 

Usual Santander Cockup

[BankFodder]

Ta.

[madpriest]

Dealing with this case is like walking through treacle.

 

Latest - we needed to get a combined certificate and writ of fi fa.

The HCOE took it over and sent it to the County Court Centre in Salford (although its named "Northampton")

and there it sat and sat and sat.

 

Finally the thing gets signed and sealed on 1st March and they said "It's in the post"

 

Not received - we phone every day.

 

At one time you could go down to your local county court and get it sorted straight away

but now we have to send them off to a central office.

 

So much for the governments localisation agenda !!

 

Anyway - watch this space. The HCEO are itching to get into Santander's head office !!

[BankFodder]

Very frustrating.

I've noticed recently that the County Court system - which was a pleasure to use, has now become very centralised and very under-resourced.

I even heard a recording recently which said that there was a three week backlog.

[madpriest]

Latest

 

My friendly HCEO (So nice to have them on MY side for a change) reports as follows:

 

They finally received back from the Central County Court the signed and Sealed N293A

(Combined Certificate of Judgemenet and Request for Writ of Fieri Facias).

 

Then (bless their hearts), they out one of their people on a train to London and

personally went to the High Court in the Strand to actually get the writ of Fieri Facias)

which they sent a copy of the me.

 

It is an innocuous looking piece of paper but powerful and loaded.

The words are delightful ....

 

"Elizabeth The Second, by the Grace of God, of the United Kingdom of Great Britain and Northern Ireland and of our other realms and territories Queen, Head of the Commonwealth, Defender of the Faith.

 

To **Name Of Officer** an Enforcement Officer authorised to enforce Writs of Execution issued from the High Court

 

etc etc etc

 

YOU ARE NOW COMMANDED to seize in execution the goods, chattels and other property of Santander UK plc authorised by law and raise therefrom the sums detailed in the schedule together with fees and charges to which you are entitled. And immediately after execution to pay the claimant the said sums and interest.

 

Witness The Right Hon, Christopher Stephen Grayling MP Lord High Chancellor of Great Britain.

 

Lovely Jubbly.

 

I am informed that the lads are going into their head office today or tomorrow

 

watch this space

Edited March 12, 2013 by ims21
Name removed

[Surfer01]

Maybe an idea to remove the name of the HCEO unless she gave you permission to print it in a public domain?

[BankFodder]

Any chance that you can email me a scan of it?

[madpriest]

@surfer01 - Court documents are public domain unless I'm mistaken - however .... looks like a mod has already done it

 

@bankfodder - Can you PM me your email address and I'll scan them in today.

I should add that I don't really want to go public with this -- I have my personal reasons

but if there is a good reason why you could use the scans then fine

[BankFodder]

I've emailed you my address - although you have it already.

 

I won't use the scan in any way without asking you first.

[BankFodder]

Got it. Thanks.

 

I expect that the bank will move to setaside the judgment.

[madpriest]

Update

 

High Court Enforcement Officers arrived today at the headquarters of Santander to

find a bunch of headless chickens.

 

They didn't know what the case was about.

 

Santander: We need 24 hours to sort it out

 

Sheriff: NO - Pay up or we seize goods. I have an order to seize goods.

 

Santander: OK - we can give you a cheque

 

Sheriff: No - it might bounce

 

Santander: OK we will make a BACS transfer

 

Sheriff: NO - you might cancel it. Only a CHAPS payment will do.

 

Santander: Ok we will sort it out.

 

Sheriff: The meter's running

 

Outcome -----VICTORY - the money was paid in full in addition to a further £1400 for HCEO costs.

 

Cost to us??? £60

 

Our damages received = £4700

Edited March 12, 2013 by madpriest
ITLE change

[Old Cogger]

nice one

[Surfer01]

Congratulations. Well done. Hopefully the press will get hold of it.