Can a certificated bailiff act on behalf of an HCEO?

[wolfie_citizen_smith]

Hi everyone. New to the forums, sadly not new to debt

 

I have been contacted by Sheriff Office Enforcement Limited for an unpaid outstanding CCJ. The bailiff (certificated only) called with a writ of execution at my families address, not mine. I have never lived there EVER. I believe the original creditor has actually given them this address. The bailiff tried to get my family member to sign a walking possession order, but thankfully they were having none of it and asked him to leave. He said he would continue to call as the writ is to be served at the address on it. I have never been linked, nor lived at the address on the writ.

 

My main query is, can a certificated bailiff (only certificated) act for a HCEO on a writ. The writ is in the name of Peter Noble Watt, who I also believe is a board member on the HCEOA. So clearly no point complaining to them!I think the outcome would be more than biased.

 

I have also heard the OFT recently brought the Sheriffs Office Enforcement Limited's repute into question. What was the outcome on this. Do they still have legal means to trade? What are my options as I am basically bankrupt anyway due to business and personal debt, have no company or personal assets, cars, furniture or home etc. Im also unemployed.

Edited July 21, 2013 by wolfie_citizen_smith

[unclebulgaria67]

Think your family need to obtain a statutory declaration that Mr F Bloggs is not a resident of X address and there is no property at the address belonging to him. They can do this I believe at their local court who may not charge or a local Solicitors can do this for a small fee. They then provide this to the court who issued the writ and the bailiffs.

 

I believe only an HCEO can deal with the execution of a high court writ.

 

You should really contact the HCEO to advise them of your situation and there is probably a process of making a statement of means to the court. If you don't have any assets then a bailiff is wasting their time and a court can only really ask for an affordable amount to be paid by you out of your benefits, which may only be say a £1 a month.

 

Contact National Debtline or Stepchange about this. If you have many debts and companies won't make you bankrupt, perhaps you need to see how you can get shot of these debts. If you don't do this, you will have years of hassle.

[danmcr]

Yes that can,

 

The HCEO can appoint any person to act on his/her behalf, however the HCEO remains personally liable for said persons actions.

 

The HCEO may attend any address within England or Wales where he believes he may find goods of the defendant.

 

Just because Mr Watt is the HCEO who the writ has been directed to and is on the board of the HCEOA should not put you off from making a complaint, however with the limited info of your post I do not see why you would want to make a complaint to the HCEOA. You should start by making a complaint direct to the HCEO if you believe they have acted incorrectly.

 

Someone who can assist you more with your debt problems will be along shortly.

[wolfie_citizen_smith]

My complaint was because of the fact he has actioned a writ at an address that I have never been linked with, never lived at etc, and has caused my family members a lot of stress. I was distinctly under the impression only an HCEO could execute a writ of execution and a certificated bailiff could not act on it or under instruction.If the certificated bailiff were to turn up purporting to be an HCEO then surely this is misrepresentation and "actionable"

[danmcr]

As I said the HCEO can appoint any person to act on his/her behalf be that a certificated bailiff or not. What you will find is HCEO's use Certificated Bailiffs.

[renegadeimp]

If he is insistant on trying to enforce a writ where you do not live, then the residents of that house MUST get a statutory declaration done first thing in the morning.

[wolfie_citizen_smith]

If he is insistant on trying to enforce a writ where you do not live, then the residents of that house MUST get a statutory declaration done first thing in the morning.

 

 

Already under way. I have read somewhere about Form 2 but not entirely sure where to find this.I understand Form 4 is for certificated bailiffs complaint.

[renegadeimp]

You only make a complaint like that if it is absolutely serious as it is used to ensure the bailiff NEVER works as a bailiff again. In this case, it is not warranted. He has a write to execute and has reason to believe you live there. That is why a stat dec MUST be done before the writ is escalated further.

[wolfie_citizen_smith]

OK I will be onto this in the morning. No one so far has managed to answer the question as to why Sheriffs Office Enforcement Ltd's licence was revoked or is indeed still valid?

[danmcr]

You would have to ask the company concerned or the OFT as to why, as anything stated online would likely be pure speculation or hearsay.

[HCEOs]

The HCEO, or in this case his agent (a certificated bailiff) will be directed by the judgment creditor as to where they should attend to seize goods. If the goods seized are not that of the judgment debtor then a third party interpleader claim must be made within 5 days of the seizure by the owners of the goods. This claim is sent to the HCEOs office and they will in turn put it to the creditor. If the creditor admits the claim then seizure is released. If the claim is disputed then a court hearing is sought where a Master will decide who owns the goods. If you win you will likely get costs so it would be foolish for a creditor to dispute a claim where the goods are likely to be owned by somebody else.

 

HCEOs do not need a Consumer Credit License to carry out their work. They would require one if they were branching into 'Debt Recovery' however. The application process for this license is extremely stringent now and some applicants withdraw their application before it is seen through due to the costs involved.

 

The obvious answer to your post is to make arrangements to clear the judgment issued against you as it is probably only a matter of time before the creditor traces your correct address.