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notice of enforcement

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  • notice of enforcement

    hi everyone just hope someone can give me some advise please [or a kick up the backside]
    i have recived a notice of enforcement dated 4/10/16 from court enforcement services it states the debit is £932.00 its a long story involving someone that I payees to prepare a horse for sale he also had another two horses belonging to me [one on loan] I did get papers from court for 600.00 last year I refused to pay because he hadn't done the job [I realise now should have took more pictures of the horses there very poor condition and the condition of the horse I payee him to prep]
    I should point out he was a pain to get bills out of never sent half the time if you phoned you were lucky to get an answer
    still I'm in the wrong for sticking my head in the sand :doggieyes: could do with some advise on what to do I have phoned and been kept hanging on the phone over half hour the other day trying to make offer of payment I still have not received a reply to the email I sent with the details and of course the letter comes with threats of removing stuff etc [good luck with that don't own anything]
    any one give me some advise what to do please?
    thanks
    Tags: None

  • #2
    Re: notice of enforcement

    The difficult part is having left it until it has got to this stage. This is obviously something you have known about and I assume you never mounted a defence, therefore allowing the Claimant to obtain Judgment by Default. In your case I would strongly suggest that Set Aside is NOT an option.

    The most important thing at present is how to deal with the Enforcement Agent. I think you would also struggle to apply for a Stay of Execution given what you have said. Was Judgment made against as an Individual or as a Business? If a Business then how do you trade - Sole Trader, Partnership or Ltd Co?

    Comment


    • #3
      Re: notice of enforcement

      The letter from the enforcement company was dated 4th October and I would think that by now, the 'complaince' period has ended and a visit would have been made.

      The problem with such judgments, is that unless FULL payment is made during the Compliance period, the regulations state that in EVERY case, the enforcement agant MUST make a personal visit for the purpose of 'taking control of goods'. This visit will incur a Stage one fee as outlined in your letter (£190 plus vat).

      You really need to be very careful because the agent may attempt to escalate the case to include a Stage two fee as well (£495).

      As this is a civil debt, there is no obligation on you to allow the agent into your home. You need to be careful though if you have a car outside.

      If you did not get papers from the court, then the correct procedure, would be to apply to 'set aside' the judgment. Unfortunately, such an application is not straightforward.

      Comment


      • #4
        Re: notice of enforcement

        thank you for your help I'm self employed but I don't have a business as such any more how ever the person sending this enforcement notice runs a business I have made offer of payment cant do any more he wont answer the phone to me so its rather hard to do anything

        Comment


        • #5
          Re: notice of enforcement

          Originally posted by smartie View Post
          thank you for your help I'm self employed but I don't have a business as such any more how ever the person sending this enforcement notice runs a business I have made offer of payment cant do any more he wont answer the phone to me so its rather hard to do anything
          But was the judgment made against your business name or against you personally?

          Has this been transferred to the High Court for enforcement? Posts above seem to indicate that it was, but I can't see the letter referred to, nor any reference to HCEOs.

          Comment


          • #6
            Re: notice of enforcement

            Letter says notice of enforcement and in top corner court enforcement services high court and civil enforcement
            Enforcement details high court writ control number court is derby it then gives details of how to pay and amount ts thst it gose up by if you fo t pay

            - - - Updated - - -

            Sorry the writ is againest me personally

            Comment


            • #7
              Re: notice of enforcement

              Originally posted by smartie View Post
              Letter says notice of enforcement and in top corner court enforcement services high court and civil enforcement
              Enforcement details high court writ control number court is derby it then gives details of how to pay and amount ts thst it gose up by if you fo t pay

              - - - Updated - - -

              Sorry the writ is againest me personally
              The problem with HCEOs is that they charge even more than regular bailiffs in fees, and VAT is also added to HCEO fees. The second enforcement stage fee is a staggering £495 + VAT, when you add that to the compliance stage and first enforcement stage, you are looking at more money than the original debt.

              Comment


              • #8
                Re: notice of enforcement

                Well can't pay what I haven't got I made offer to pay I can do no more really gessing have to wait see what happens
                Thank you for your help

                Comment


                • #9
                  Re: notice of enforcement

                  Originally posted by smartie View Post
                  Well can't pay what I haven't got I made offer to pay I can do no more really gessing have to wait see what happens
                  Thank you for your help
                  As already posted, you don't have to let them in but be very careful not to leave any doors unlocked because they can gain peaceful entry through them. Also your car can be clamped if parked outside your house, in your driveway or on public roads but not if it's sitting on someone else's private land.

                  Comment


                  • #10
                    Re: notice of enforcement

                    The HCEO will call a few times - at least 3 or 4 - and at different times anywhere between 6am-9pm. Regardless of what he may say you are under no obligation to let him in your home - a seriously bad idea - or to even talk to him. Providing you have nothing of value outside - most notably a car - then he will not waste to much time on you, after all he gets paid commission on results. He may then return the Writ to the Claimant. This could take 3 or 4 months.

                    If this happens then the Claimant could employ another HCEO or take another form of enforcement against you - but has to pay a fee each time they do. It could be that at this stage they may be prepared to listen to what you have to say and come to some sort of arrangement.

                    It is only fair that I do mention that if you are showing trappings of wealth - a big detached house with a couple of Bentleys on the drive and some old masters visible hanging on the walls - then they can apply to Court to force entry if they believe you are purposely avoiding paying your debt. Used very infrequently but the power is there.

                    Comment


                    • #11
                      Re: notice of enforcement

                      oh I could only dream I have a very old corsa I have taken to parking it on the pub I live in a small council bungalow with my 84y.old mother I still have no reply and no one has been here the debit was 600 pounds the court letter says it was 900 or there abouts plus costs which has put it up over 1,000
                      because something else has no gone wrong [nothing to do with this] I would now have the money to pay the 600. quid but I'm not paying any more he never did the job he was employed to do unfortunately hard to prove were animals are concerned thank you all for help

                      Comment

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