HCEO - set aside warrant / Court Claim - / - 5-6-2014

[Mickhen]

Received a claim? Yes
Issue Date: 5-6-2014
Amount approx: 4600
Claimant:
Solicitor:
Original Credit:

Particulars of Claim:
I received a claim for service charges that I am liable for but the bill was not sent to my home address, the details of which we informed the claimant of when we purchased the investment property that these charges relate to. The claim is now being delt with by HCEO, who called at my house today and have given me 2 days to make full payment.

Stat Barred?

Have sent:

Other Info:
I have applied to have judgement set aside and to stay the writ. The HCEO called yesterday and I informed him of this. He told me this will take 3 months and that If I pay him in full now it will stop them from calling which is adding £90 pounds each visit. Also If I am successful in my application to set aside, the courts will get any monies paid to the HCEO repaid to me.
Can anybody tell me if this is correct please? When We purchased the property we called into the claimants office and explained it was a rental and left our contact details with a member of staff. Unfortunately this member of staff has now left and they now say what we have done does not qualify as they needed it in writing. Despite this the claimant has exchanged correspondence with and are aware I have a letting agent managing the property for me. Any Advice would be appreciated. THANKS

[Mickhen]

Repayment of High court enforcement fees if set aside appeal is successful

The first I new of any claim against me was when I opened a high court Enforcement notice. I immediately applied to have judgement set aside and to stay the writ.
I had a visit from the HC enforcement officer today and he told me it is best for me to pay him in full now, and if I am successful in applying to set aside then the courts will get any monies paid to the HCEO returned to me.
I have been given 2 days to pay in full , I am trying to find try to the funds just to stop these people calling, and give the courts a chance to review my application. I just wondered if anybody could confirm if it is true that any monies paid to the HCEO would refunded if I am successful with my application.
Any advise would be appreciated, as the stress is unbearable.

[ploddertom]

Re: Repayment of High court enforcement fees if set aside appeal is successful

It is correct that if Set Aside is granted you are repaid any monies paid to a High Court Enforcement Officer - all fees & the monies owed to your Claimant. What you should have done to avoid this situation was to have applied for the Stay as an urgent application which if granted would have halted the EA in his tracks. Do you have a date yet?

[Mickhen]

Re: Repayment of High court enforcement fees if set aside appeal is successful

The first I new of any claim against me was when I opened a high court Enforcement notice. I immediately applied to have judgement set aside and to stay the writ.
I had a visit from the HC enforcement officer today and he told me it is best for me to pay him in full now, and if I am successful in applying to set aside then the courts will get any monies paid to the HCEO returned to me.
I have been given 2 days to pay in full , I am trying to find try to the funds just to stop these people calling, and give the courts a chance to review my application. I just wondered if anybody could confirm if it is true that any monies paid to the HCEO would refunded if I am successful with my application.
Any advise would be appreciated, as the stress is unbearable.

Hi Ploddertom,
Thank you for the post, the information is greatly appreciated. I don't have a date yet I only found out I had a writ issued against me on the 05//08/14 and submitted the application notices on the 08/08/14.
I contacted the court yesterday and all they could tell me was that my hard file has been put on the judges desk.
Do you know what the average time is for a court to process these applications?

[ploddertom]

Re: Repayment of High court enforcement fees if set aside appeal is successful

There is no average time. Some are heard quickly and others may take several months. What you have to remember is do you actually owe the money or not, if it is a case of the documentation going to an old address that in itself is sometimes grounds for set aside but if you actually owe the money then it may be you just swap one CCJ for another and your application fails.

[Mickhen]

Re: Repayment of High court enforcement fees if set aside appeal is successful

It is correct that if Set Aside is granted you are repaid any monies paid to a High Court Enforcement Officer - all fees & the monies owed to your Claimant. What you should have done to avoid this situation was to have applied for the Stay as an urgent application which if granted would have halted the EA in his tracks. Do you have a date yet?

Hi Ploddertom, thank you for the reply the information is greatly appreciated.
I found out I had a writ served on 05/08/14 and submitted my application notices on the 08/08/14. I contacted the court yesterday and they told me my hard file is on the judges desk.
I don't think I will be able to fend off the EA until the courts have processed the application but it is of some comfort to know there is a chance I may be able to get some of the payment to the HCEO back if I am successful.
Thanks again, I will be able to unwind a little now.

[Mickhen]

Re: Repayment of High court enforcement fees if set aside appeal is successful

Thanks,
I purchased an investment property. The offices of management company for the apartment block just happens to be around the corner from where I live, so my wife popped in with proof of ownership and explained that we intended to rent it out . Our contact details were then noted down. I have given the property to a letting agent and they have also contacted the management company to inform them that they look after the property on my behalf. I contacted the management co and asked why they didn't send their correspondence to my home and not the rented property but they had no record of my home address. I gave them the name of the member of staff we informed but they said this person has now left and they don't accept a member of staff noting our details on a note pad as having informed them and now tell me it should have been in writing.
The letting agent that rents the property on my behalf has also informed the management company the property is rented and they are my agents.
If the management co didn't update my records I can accept that as a possible cause of this problem but not when they are corresponding with the letting agent. Surely they only had to ask them for my details. It may be a weak appeal but I feel I have done all I should have, and the management company have done nothing to try and contact me other than send mail to a rental address. I suppose it's now down to discretion of the judge,
Thanks for your comments,
kind regards,

[ploddertom]

Re: HCEO - set aside warrant / Court Claim - / - 5-6-2014

As regards the EA attending you - I assume to be your home address - then providing you deny them entry or otherwise prevent them Taking Control of any goods outside - car perhaps - then realistically he can do no more but go away empty handed. He has no automatic right of entry no matter what he may say. It would appear that you do owe any monies outstanding - are you in any position to pay what is outstanding ie as if they had just sent you an invoice?

[Mickhen]

Re: HCEO - set aside warrant / Court Claim - / - 5-6-2014

As regards the EA attending you - I assume to be your home address - then providing you deny them entry or otherwise prevent them Taking Control of any goods outside - car perhaps - then realistically he can do no more but go away empty handed. He has no automatic right of entry no matter what he may say. It would appear that you do owe any monies outstanding - are you in any position to pay what is outstanding ie as if they had just sent you an invoice?

Yes, when the letting agent passed the writ on to me I telephoned the HCEO and explained the situation and also gave him my home address, probably a mistake but I just wanted to be up front and honest.
I did expect the invoice at some time and always kept sufficient funds aside for this. When I explained the situation HCEO he later emailed me and said he had gone back to his client with my comments and he was awaiting their instruction.
I can only assume that they have told him to enforce the writ as they are now calling at my home.

[ploddertom]

Re: HCEO - set aside warrant / Court Claim - / - 5-6-2014

The problem they now have is that if they decide to pull the Writ then they may become liable for all the fees. Funny that because if your Set Aside is successful they may become liable for all the fees. If it were me I would just maintain a siege like mentality until your hearing - there's a good chance they will only visit 3 or 4 times anyways before handing the Writ back.

[Mickhen]

Re: HCEO - set aside warrant / Court Claim - / - 5-6-2014

The problem they now have is that if they decide to pull the Writ then they may become liable for all the fees. Funny that because if your Set Aside is successful they may become liable for all the fees. If it were me I would just maintain a siege like mentality until your hearing - there's a good chance they will only visit 3 or 4 times anyways before handing the Writ back.

I spoke with an advisor from the CAB today and they had the same view regarding the siege stance. However I can see the toll a few days stress is having on my wife and I would like to avoid putting her through to much of it.
As I understand it If I can get the funds to pay the writ now and my application Set Aside is successful I will get the monies I have payed out returned to me.
If I am not successful then I will still have to pay the writ and the extortionate fees that have been added to it. So am I not better to pay it now if I can and just await the judges decision or am I missing something ?
Ploddertom I am extremely grateful for your input on this thread.

[ploddertom]

Re: HCEO - set aside warrant / Court Claim - / - 5-6-2014

Don't forget that the sum demanded will have increased since you last got a figure

[ploddertom]

Re: HCEO - set aside warrant / Court Claim - / - 5-6-2014

As I understand it If I can get the funds to pay the writ now and my application Set Aside is successful I will get the monies I have payed out returned to me.

That is exactly what I did.