HCEO visit query - pay creditor direct

[NADEEM]

Hi All,

 

 

Had a recent bereavement in the family and didn't know a CCJ was entered by a courier form for my business.

 

 

Got a call saying come to premises or will call a locksmith and more £ will be charged.

 

 

Met HCEO and showed him we were flooded during Boxing Day and going to be a hard graft ahead.

 

 

The CCJ was for £1204.74 - their paperwork is nearly £2300, and if sums unpaid etc, and further action including sale or disposal stage will make it near £3100.

 

 

Advised got no help and unable to pay in one go, he looked around - showed me no ID and didn't give me the Notice of Enforcement - but just an intention to take control of goods - no signature was asked for from me.

 

 

Going to contact creditor to try and make payment direct to close debt/

 

 

Question is - when I contact HCEO - am I liable for the compliance costs only, or 1st enforcement costs as well - or are they going to try and get more from us - I assume the creditor hasnt levied another £1k on top?

 

 

 

Pulled a sneaky one on me after reading this forum.

 

 

Any and all advice appreciated.

 

 

Thanks

Edited January 7, 2016 by NADEEM
more info

[caro]

What do you mean by .........

 

Pulled a sneaky one on me after reading this forum.

 

.........?

[NADEEM]

I meant to mean should he have walked away and served or left the letter or was he being genuine with me or not?

 

He was sorry we had been flooded and said he wished he could do more. If I pay the debt direct would they be entitled to get both stage fees?

[caro]

Have you got a breakdown of their costs?

[NADEEM]

No, will be contacting their office for that and also ringing creditor for what they passed on to recover.

 

Assume this is the best way?

[Bailiff Advice]

No, will be contacting their office for that and also ringing creditor for what they passed on to recover.

 

Assume this is the best way?

 

Paying the creditor direct once a warrant has been issued is fraught with difficulties. You should read the following post first:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?453047-Bailiff-enforcement-Setting-up-a-payment-arrangement-and-whether-you-can-pay-the-court-or-the-council-direct

[NADEEM]

Thanks this isn't a council debt but commercial. Same rules apply?

 

I have read other online legal sites including one from Equita as an example. that suggest you can pay direct and legally you are entitled to inform the HCEO and they only charge you what fees are due?

[Bailiff Advice]

Thanks this isn't a council debt but commercial. Same rules apply?

 

I have read other online legal sites including one from Equita as an example. that suggest you can pay direct and legally you are entitled to inform the HCEO and they only charge you what fees are due?

 

Can you post a link for me?

[NADEEM]

Will do in the morning

 

Looked at several sites including citizens advice and the legislation around it will post accordingly

[NADEEM]

http://equita.co.uk/public-access/faqs/high-court-enforcement

 

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?168-Bailiffs-and-High-Court-Enforcement-Officers/Stop-High-Court-Enforcement-Officer-HCEO.html

 

 

Got a breakdown and being charged for

 

 

Admin - Compliance Fee 75

Stage 1 - 190

Stage 1 1% fee - 48

Enforcement Stage 2 - 495

 

 

VAT - 161 makes another 970 more or less

 

 

Claimant due 1330 approx

[citizenB]

If a Judgment has been awarded then I don't think you will be able to pay the original creditor directly anyway?

[Peterbard]

As CB says once the writ has been issued to the HCEO you have to deal with them.

 

If the CEO has called after the initial letter and no controlled goods agreement has been made and signed, he is entitled to charge the second stage enforcment fee in addition and plus VAT.

 

The procedure regarding enforcement is broadly the same as for council tax debts, in that hey both use the same legislation. Some difference being that the HCEO can force entry on commercial premises , they have an extra stage in the enforcement procedure and they can charge VAT. (see the Tribunals Courts and Enforcement Act 2007 schedule 12)

[wonkeydonkey]

If a Judgment has been awarded then I don't think you will be able to pay the original creditor directly anyway?

 

If the County Court has made Judgment by default (which in this instance would appear to be the case) the creditor will be awarded payment 'forthwith' ie immediately. Failure to make that payment can( or has in this case) result in the creditor transferring the courts Judgment up to the High Court for enforcement.

 

Once the HCEO is instructed, the creditor is bound by the T&C's of the company holding the writ to forward any direct payment made to them on, if they fail to do so they themselves could be held responsible for any costs incurred by the HCEO.

[Bailiff Advice]

Thanks this isn't a council debt but commercial. Same rules apply?

 

I have read other online legal sites including one from Equita as an example. that suggest you can pay direct and legally you are entitled to inform the HCEO and they only charge you what fees are due?

 

The Equita website link that you have provided states the following:

 

What happens if I pay my debt directly to the creditor?

 

Please note that you will still need to pay all fees due to us up to that point, and an enforcement agent may visit to collect any outstanding balance.

[HCEOs]

Based on what you have said, it's not clear whether the HCEO has undertaken any work that would enable him to charge Enforcement Stage 2.

 

Your best bet would be to ask for a breakdown of the fees and the justification for the charging of ES2.

 

However, as stated above, even if you pay the creditor directly you will still have to pay the HCEOs fees. You may be better to try and negotiate payment at Enforcement Stage 1 now.

[Peterbard]

Post one says he attended he made no controlled goods agreement so enforcment stage feee 2 is due .

 

http://mixidj.delta-search.com/?q=taking+control+of+goods+fees+regulations+2014&babsrc=SP_ss&mntrId=E4CF08EDB9112469&affID=121136&tsp=4921

 

©the second enforcement stage, which comprises—

 

(i)where the enforcement agent and the debtor do not enter into a controlled goods agreement, all activities relating to enforcement from the first attendance at the premises in relation to the instructions up to but not including the commencement of the sale or disposal stage;