Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • mimi1234
    • By mimi1234 24th Jan 17, 10:00 AM
    • 7,349Posts
    • 64,941Thanks
    mimi1234
    Help enforcing CCJ
    • #1
    • 24th Jan 17, 10:00 AM
    Help enforcing CCJ 24th Jan 17 at 10:00 AM
    Hi all,

    Just a quick question in case any of you have experience of this.

    I made an investment which has now ended but I have only been returned some of the money. I made a claim via money claim online and have a CCJ against the person I invested with.

    The amount he owes is just north of £10K with fees and interest on top.

    Before the CCJ came through, he sent me an income and expenditure sheet which shows most of his assets are via finance. For instance, he has a very snazzy car, worth over £30K easily but he has said it is on finance.

    I am going to call the bailiffs office next month as I cannot wait any longer to get the money back.

    My question is this, say for instance most of his possessions are on finance, what happens if the bailiff only siezes items worth £2K or £3K. What happens after that? Is there any other way I could get my money back? I have read about putting a charge on his property but I don't quite understand it. Does anyone have any experience?

    I tried to get some advice off CAB but they said as the process had already started, they were unable to help me.

    Thanks to anyone who might be able to help, and sorry if I sound really stupid. I will definitely not be investing any of my money ever again!
Page 3
    • mimi1234
    • By mimi1234 18th Apr 17, 11:59 AM
    • 7,349 Posts
    • 64,941 Thanks
    mimi1234
    Hi,


    It's about the case as in the payments he has made so it is all crystal clear.


    I'm happy to tell them where they can find him when he is not available as he has an estate agents where he normally is unless he is in Turkey or Dubai.


    I might just give them a call later on in the week.
    • steampowered
    • By steampowered 18th Apr 17, 3:46 PM
    • 1,906 Posts
    • 1,784 Thanks
    steampowered
    If you know he is drawing a salary from the estate agent company, you could consider an attachment of earnings order against that company, and/or a third party debt order in respect of dividends.

    I suppose if you obtained such an order he may stop drawing a salary/paying dividends but then the money would be stuck in the company.
    • mimi1234
    • By mimi1234 21st Apr 17, 12:53 PM
    • 7,349 Posts
    • 64,941 Thanks
    mimi1234
    So I spoke to the bailiff yesterday who said on his next visit he wouldn't leave with less than half the debt and an installment plan for the remainder. So I was over the moon thinking I'll finally get what is mine. I asked him if there was any chance of me getting the money back and he said of course.

    Bailiff visited today doing one of those early morning visits. The fancy 4 x 4 has been switched to a £200 banger. The debtor did the whole I can't pay anything more, I am cash strapped and can only do £100 a month. He has asked for an income and expenditure sheet. I was quite surprised that nothing more was taken off him. Normally on the television shows that's the line people use but the bailiff doesn't budge until some money is handed over. I know he has a lot of immediate family members. One has a travel company business. Tours to the Middle East etc.

    The debtor has asked the bailiff to go back when he is next in the area and he will grant peaceful access to the property. Is that normal? Also won't this allow the debtor to take all his expensive items to his brothers or sisters house or his wife's house?

    I think I am beginning to accept the money is not going to come back which is annoying because I thought the bailiffs would try and get something back. It's not at all like it is in the TV shows where the bailiffs don't budge at all.

    Thanks for all your help folks.
    • mimi1234
    • By mimi1234 21st Apr 17, 2:01 PM
    • 7,349 Posts
    • 64,941 Thanks
    mimi1234
    Also, if I want to pull the plug on the HCEO, do I just contact their office and say "no more visits". It seems like the visits they do are girly gossip chats and no action takes place like it does in the TV shows. I remember watching one where the woman was only young, had an elderly Mom and a young child and the HCEO was hesitant he would not leave the property until some money was handed over.

    Sorry if I am being ridiculous but I thought the HCEO would be able to go in all guns blazing and get something in return not just go for a chin wag.
    • fatbelly
    • By fatbelly 21st Apr 17, 6:49 PM
    • 11,540 Posts
    • 8,675 Thanks
    fatbelly
    The TV shows are primarily entertainment - with a helpful marketing push for specific companies (who presumably get paid for being promoted!)

    You still have lots of options - I think I set them out earlier.

    I also was sceptical of the use of HCEOs in post #11 - they are too easy to fob off if you know what you are doing.
    • steampowered
    • By steampowered 22nd Apr 17, 9:36 AM
    • 1,906 Posts
    • 1,784 Thanks
    steampowered
    Also, if I want to pull the plug on the HCEO, do I just contact their office and say "no more visits".
    Originally posted by mimi1234
    I can't see that more visits would do any harm.

    I suppose the key question is whether you'd be paying for more visits.

    Are you on a "no recovery no fee" arrangement? If so, there's no harm in a further visit. If you are on an arrangement like this, disinstructing the bailiffs before recovery might mean you have to pay their fees. Check your T&Cs.
    Last edited by steampowered; 22-04-2017 at 9:57 AM.
    • robatwork
    • By robatwork 22nd Apr 17, 5:34 PM
    • 3,998 Posts
    • 4,346 Thanks
    robatwork
    I don't know the law around HCEOs. However don't they have more rights on a subsequent visit than a first visit when enforcing a high court writ? Like being able to force entry.

    This may only be with repossessions though - I only watch with one eye.
    • fatbelly
    • By fatbelly 22nd Apr 17, 10:11 PM
    • 11,540 Posts
    • 8,675 Thanks
    fatbelly
    I don't know the law around HCEOs. However don't they have more rights on a subsequent visit than a first visit when enforcing a high court writ? Like being able to force entry.
    Originally posted by robatwork
    Repossessions are different. For 'money' claims they cannot force entry unless the matter is a criminal fine from the magistrates court (example tv licence). However, if they have achieved 'peaceable entry' on an earlier visit they can force entry on a subsequent visit to access the goods they have taken control of. It does seem that the debtor here understands this process.
    • mimi1234
    • By mimi1234 26th Apr 17, 10:36 AM
    • 7,349 Posts
    • 64,941 Thanks
    mimi1234
    Hi all and thanks for your replies.

    I've not had any contact from the HCEO this week.

    The HCEO office do not have any of my bank details so they won't be able to charge me per visit. I will check the terms and conditions. What they did mention was that they would only do 3 visits and then that's it. 2 visits have been done so 1 more and that's it.

    From the information I have been given, the HCEO went into the property on both occasions, got the person in the house to call the debtor who did not pick his phone up, so the HCEO left on both occasions. The second visit was an early morning one and the debtor was not in which worries me a bit. (I know he has another property, so I am thinking the snazzy car and the debtor himself might have been there, I just need to confirm this with a land registry check and then take it from there - not sure if this would make any difference with the HCEO seen as they seem to just say hi and bye). After the second visit, the debtor got in touch with the HCEO and told him to come back a third time when he was in the area and he would allow him in the house but the debtor also said "I have nothing of value in my house". Surely, it should be the HCEO who calls the shots not the debtor? He has also asked for an income and expenditure sheet which makes me think he might have been through this process before with others. He completed an income and expenditure sheet when the CCJ went through.

    I'm going to go with FATBELLY has suggested and see if one of those options is more fruitful.

    It seems like the HCEO are not really doing anything. Now I am probably being stupid but on television, once they enter a property/factory, they don't leave until the debtor shows up or brings some kind of money or payment is made. It doesn't seem like it has happened on either occasion. I know it's more dramatised on television but so far they have not done anything to have made a difference. Maybe I am being stupid thinking they would actually do something.

    Also, why has the debtor not filed for bankruptcy unless he is just stalling for some reason? If he is the director of an estage agents business, should he be claiming tax credits? That's what it is saying on the income and expenditure he did for the CCJ. I know there are two / three siblings who run the estate agents business and it seems like they are sharing the money earned between them so the "director" is only making £1.5K a month or so. I bet the other sibling is pocketing big bucks.

    I've tried getting in touch with the HCEO but his phone is constantly switched off. Hmmmm.
    • davidwood123
    • By davidwood123 26th Apr 17, 11:55 AM
    • 450 Posts
    • 1,128 Thanks
    davidwood123
    What you'll find in life is those who fly around the world, drive expensive cars and seem to live that ''life'' have very little wealth. They're living on borrowed time and borrowed money.

    Money talks, wealth whispers!
    • mimi1234
    • By mimi1234 18th May 17, 2:35 PM
    • 7,349 Posts
    • 64,941 Thanks
    mimi1234
    Quick update.

    It's been over 4 weeks since the HCEO last attended the debtor's property. When I managed to speak to the HCEO many moons ago, he told me that the terms of agreement were that he would have to revisit the debtor within 14 working days. The last visit was on 13/04/2017 so 14 days have passed and he has not made any attempt at going back.

    Does this mean I can now end the agreement with them and possibly contact another HCEO company? This one was absolutely ridiculous. Please keep far away from the Colwyn Bay / Liverpool HCEO office.

    I did contact another HCEO company and spoke to them and they took me slightly more seriously and said they would not just go for a quick chat and then come back. They would get the debtor to speak to them in person or would not leave the property.
    • steampowered
    • By steampowered 19th May 17, 12:15 AM
    • 1,906 Posts
    • 1,784 Thanks
    steampowered
    Your post suggests that you want to terminate your contract with the HCEO, on the basis of what you were promised in a verbal conversation that took place several months ago?

    That sounds like a non-starter to me. You can't prove what was discussed by phone. The HCEO probably doesn't even remember the conversation. You might not remember the conversation accurately either.

    You need to rely on your written contract - such as what you were told by email or what is in the HCEO T&Cs.

    I imagine the HCEO T&Cs probably do allow you to terminate the HCEO's engagement. But you should read the T&Cs to check whether they allow you to do this without paying an additional fee.
    • mimi1234
    • By mimi1234 30th May 17, 6:30 PM
    • 7,349 Posts
    • 64,941 Thanks
    mimi1234
    I can't find the full T&C's but I have not gone through all the emails fully. The only T&C'S I can find are the ones where the CCJ became a writ. I will look into this more tonight though. I emailed them a week and have not had a response.

    As it happens, I saw the debtor last night in a swanky long Audi, driving away to his hearts content. Parked outside a restaurant and went in with one of his two families (he was married and also has a girlfriend, I've been doing some digging).

    I'm definitely going to see if I can end the contract. The HCEO do not contact me at all and I am constantly having to chase them (maybe this is normal, I don't know!). I keep getting told my file is still with the HCEO but I am never told if they are still chasing or making any effort (again is this normal?).

    I want HCEO's who actually do something instead of nothing and they never report back to me, so they might as well be doing nothing!

    STEAMPOWERED - I remember the conversation exactly. Apparently, he had done a second visit, the early morning visit, when I phoned him, he said he had not done any visits. His first visit was postponed because something more urgent came up in Birmingham and he had to go there and one of his colleagues went on his behalf. With regards to the second visit, he initially said he didn't have a clue but then changed his mind once I had told him what was said in the email and said "oh yeah, someone must have gone". After each telephone call I have made, I have kept a log. I've called him about 15 times since and not had a single response. Maybe this is how the HCEO's in this company work.
    • waamo
    • By waamo 30th May 17, 7:10 PM
    • 2,100 Posts
    • 2,506 Thanks
    waamo
    Which HCEO company is it?
    This space for hire.
    • mimi1234
    • By mimi1234 30th May 17, 7:18 PM
    • 7,349 Posts
    • 64,941 Thanks
    mimi1234
    The Liverpool office. They also have an office in Colwyn Bay.

    Stay well away. They never respond. They make no contact.

    I genuinely thought it was a two way process. They kept in touch and I did too. But obviously not. I'm not saying I want contact every week but just a quick update.
    • waamo
    • By waamo 30th May 17, 8:17 PM
    • 2,100 Posts
    • 2,506 Thanks
    waamo
    That will be this bunch then http://www.hcegroup.co.uk/

    Their website isn't particularly helpful either.
    This space for hire.
    • fatbelly
    • By fatbelly 30th May 17, 8:46 PM
    • 11,540 Posts
    • 8,675 Thanks
    fatbelly
    The High Court Enforcement Team that recovers more...

    or maybe doesn't.
    • mimi1234
    • By mimi1234 30th May 17, 9:08 PM
    • 7,349 Posts
    • 64,941 Thanks
    mimi1234
    That's the one. You got it.

    I'm switching tomorrow. If they want to pursue me for the £75 or so, they can dream on. They have done nothing to aid me whatsoever.

    If they come knocking on my door, I will just get someone to say he is not, come back another time, lol.
    • steampowered
    • By steampowered 31st May 17, 9:37 AM
    • 1,906 Posts
    • 1,784 Thanks
    steampowered
    Given the poor service you've received, it sounds to me like you could refuse to pay on the basis that the HCEO is in breach of service.

    There is a statutory requirement for services to be provided with reasonable care and skill, and they haven't done that.

    They'll probably still try to charge you for the £75 though.
    • mimi1234
    • By mimi1234 31st May 17, 12:17 PM
    • 7,349 Posts
    • 64,941 Thanks
    mimi1234
    Does anyone have any recommendations for HCEO's that actually do a bit of work for the person they are representing.

    As someone noted towards the starting of this thread, the programme "The Sheriffs Are Coming" is very misleading. It's glammed up viewers like me end up thinking the HCEO goes in and does not come out until everything has been sorted. It doesn't happen in real life!
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

694Posts Today

5,999Users online

Martin's Twitter