Baliff fees after nearly paid all

[cassyuk10]

Can I also just add, I paid money out 3 weeks ago for some-one who said they could help me sort this out, it wasn't on this site.

[Leakie]

Do not name the site, normally, they can not help much.

 

Sorry Andy had forgotten about post 19

 

All I could see is a copy of the original judgement, May 2011, post 20

so is there anotherone some where for the set aside hearing?

[cassyuk10]

Should all be in one, as my daughter done it for me,

 

There are 12 pages in the document ,and the set aside is on one of them as far as I know, getting a bit sick of all this now, but not going to give up !

 

Mind you, most of you probably are by now as well.

[dx100uk]

oh god not 'that' bailiff 'site'...

[ploddertom]

 

There are 12 pages in the document ,and the set aside is on one of them as far as I know, getting a bit sick of all this now, but not going to give up !

 

Mind you, most of you probably are by now as well.

 

 

Your Set Aside application was in that document but not the Order from that Hearing but as you have now said what happened then all is clear and as I thought had happened.

 

There are still some bits of the story missing and it is important to know.

 

You have said a HCEO attended and took an inventory of items.

 

Now I have asked twice previously but we do need to know what was on this list exactly as it was written

- it could well be there are exempt items or they may have been of insufficient value if sold to cover the debt.

 

You say they have charged for work not done

- can you tell us what and why they did not do the work.

 

To gain any recompense you have to be able to prove the work was not done otherwise you leave yourself open to further costs.

 

 

Can I also just add, I paid money out 3 weeks ago for some-one who said they could help me sort this out, it wasn't on this site.

 

 

Is it possible to tell us what help if any they gave you?

[cassyuk10]

They said they would sort out a court case for me, and prove that the HCEO who came did NOT have a certificate, which did make me think, because it stated on paperwork that he visited on behalf of another HCEO ?

 

No , help forthcoming after emails etc .

 

Forgot to say, that HCEO said that they share the monies with creditor 50/50 , dont know if that helps or not,

[cassyuk10]

Sorry,Ploddertom, I keep getting all my papers out and going through them bit by bit, and haven't got to any of them yet.,

 

b) evidend) evidence that the fee due and any disbursements for the enforcement stage, first enforcement stage, or first and second enforcement stage, as appropriate, are not recoverable under regulation 12 of the Fees Regulations; orce that the fees or disbursements in dispute were not applicable, as the debt had been settled before the stage where it would have been necessary to incur those fees or expenses;

 

1) This rule applies to an application by an enforcement agent for exceptional disbursements under regulation 10 of the Fees Regulations.

(2) The application must be accompanied by—

(a) evidence of the creditor’s consent to the application; and

(b) evidence that the disbursements to which the application relate are necessary for effective enforcement of the sum to be recovered, having regard to all the circumstances including—

(i) the amount of the sum to be recovered; and

(ii) the nature and value of the goods which have been taken into control, or which it is sought to take into control.

(3) Where the application is made before the goods are taken into control, it may be made without notice.

Back to top

 

//www.hceoa.org.uk/images/content/documents/the-high-court-enforcement-officers-regulations-2004/the-high-court-enforcement-officers-regulations-2004.

 

These are the regulations that the HCEO keep quoting me in anyway I keep asking about the fees, so I cant see where the problem is, as there is nothing clearer than the fees inside this book, I hope you can see it,

[ploddertom]

They said they would sort out a court case for me, and prove that the HCEO who came did NOT have a certificate, which did make me think, because it stated on paperwork that he visited on behalf of another HCEO ?

 

No , help forthcoming after emails etc .

 

Forgot to say, that HCEO said that they share the monies with creditor 50/50 , dont know if that helps or not,

 

I would suggest that if you paid for this information that you go back and ask for your money back as whoever it is certainly does not have a clue about High Court Writs and who can enforce them. For want of a better word this was taking money under false pretences and if it had gone ahead there is no doubt you would have lost and possible left yourself open to Costs from the other side.

 

Under the old rules the Authorised HCEO could employ anyone to attend or enforce Writs on their behalf.and although many were indeed Certificated Bailiffs there were many that were not. It was only with introduction of the new Rules in April 2014 that anyone enforcing High Court Writs also had to have a General Bailiff Certificate.

 

Yes, monies collected are shared between HCEO & Judgment Claimant, ratio depends on size of debt & Fees outstanding.

 

A lot of your problems seem to have stemmed from communicating with the HCEO after your Set Aside Hearing, it would have been better talking to your Claimant - but hindsight is a wonderful thing so best not to dwell on it.

[cassyuk10]

I sthere anyone apart form HCEO that I can ask for paper work from that , can I ask the solicitor as they are still going, as I said I did speak to a person who is in charge of the oil firm which is now selling under a different name, but who does know about the case,

 

I was talking to claimant and it was then that the amount was sorted and then as soon as we came out of court he buggered off, and then that was it and the HCEO were on my case !

[ploddertom]

The only other way to get some of the info you require is to serve a SAR (Subject Access Request) on the Sheriffs Office as this should show dates etc on which fees were added and why. The downside is as the debt is so old now some of it may be missing. It will cost you £10 to do this and they have 40 days in which to comply and you may not get much more than you have already. I doubt whether the Claimants solicitor can help.

[cassyuk10]

Thanks. I will do that, as surely some-one must have the paper work from the court where the set aside was done, and it isn't me !

 

I asked 3 days ago for balance to pay off and got an email just now saying they cant find the case number ???

[Bailiff Advice]

I asked 3 days ago for balance to pay off and got an email just now saying they cant find the case number ???

 

I seem to remember that when you first started posting, that you said that the Sheriffs Office had stated that the current balance is around £190.

[cassyuk10]

Yes but they said one payment was missing{ which I sent proof of in a bank statement } and another payment went to them on the 21st this month, and because I am mot too sure of how they work the interest out ,this is why I am asking for the up to date balance, .

 

It should now be £ 122.03 + interest?

[Andyorch]

Interest ?

[ploddertom]

Interest ?

 

Charged on a daily basis. In this case I believe it is 17p per day.

[Andyorch]

Charged by HCEO PT ?

[ploddertom]

Yes.

[cassyuk10]

Still waiting for them to send me balance, saying can't find case number.

[ploddertom]

 

Still waiting for them to send me balance, saying can't find case number.

 

 

That does seem very starnge given that they allocated a payment made by you in January 2017 or the Statement of account sent to you dated 13 February 2017. Something not quite right.

[cassyuk10]

Well I do have my fingers in other pies at the moment ,so just waiting on some emails and papers to come through, so here's hoping all my weeks of research , and advise from you guys will have paid off, thanks to all of you , will let you know x

[cassyuk10]

I have always been the sort of person to accept the fact that anyone official must be right and have always done and paid what I should, no questions asked , so when this happened back in 2011 I JUST THOUGH ,PAY UP AND SHUT UP, even though I knew the whole thing was wrong, so I plodded on and paid ,until now when I have realised that I have been , and still are being screwed over, I owe money to a person who has been helping me pay this debt, some-one who has not much money , but wanted to and has helped me, just for some greedy bastard to sit there rubbing their hands,

I now see, { and probably a lot wont agree with me} that we can't trust everyone just because of who they are, I put my trust in some-one a few weeks ago ,who I paid to help me,silly me, but that's another story, x

[Bailiff Advice]

Well I do have my fingers in other pies at the moment ,so just waiting on some emails and papers to come through, so here's hoping all my weeks of research , and advise from you guys will have paid off, thanks to all of you , will let you know x

 

You need to be guided by Plodderom. He really is the best person when it comes to High Court enforcement.

[cassyuk10]

Still waiting for balance !!!

[citizenB]

I would advise anyone not to get involved with the Total Butler Top up Scheme - it often meant that you were charged higher price per litre because you would be topped up with less than the minimum amount.. (most oil companies have this and it is usually set at 500 litres) - Total Butler would often ensure that they topped you up under this amount thereby you would be charged the higher litre rate.

 

 

I now use an oil club (google your area) this often works out far less that purchasing on your own. However, you do need to require the minimum at least and you would need to pay in full before delivery.

[cassyuk10]

Thanks for that, I was never registered with their top up scheme, and therein how all this debt came about,

Can I ask were you with them back in 2010?

I have ALWAYS paid up front for my oil, and yes I do belong to one of the clubs,

They delivered me 1000 litres at that time at the top price as well,

I also argued with them about proof { which there wasn't any} of the bank mandate, wasn't that either !

Also I was told by my neighbour, back then that oil companies used to get you to pay through bank for so many months so they could get an idea of your usage, and so they would be getting paid up front also,

So this in itself should have been enough that they knew I hadn't signed up for it.AND NEVER WOULD, as I like to pay as I can afford, and I always { and still do} put my oil and electricity money away every week, then pay my bill and order oil every quarter,

I have always done it like this, then I dont get behind or in a muddle.