CCJ - Andrew Wilson & Co, High Court Enforment Officers....

mrviews
mrviews Posts: 19 Forumite
edited 15 March 2010 at 11:21PM in Debt-free wannabe
Hello my friend recieved this letter not too long ago, it was hand delivered. He lives with his parents and does not own anything in the house. Not too long ago he purchased some goods on cdiscount before he was made redundant, the purchase was based on a pay over 3 payments option........ he will be back at work shorty, but currently has no money, the court he was asked to attend was over 300 miles away, so was not an option. I would also liek to point out that 3 of the items he ordered actually went missing andhe did not recieve them. (they had a value of around £1200)

Is there anyone on here who can give their opinion on the following letter? What can they / can they not do? It's been scanned in and converted to text so some of it may read oddly......

Andrew Wilson & Co Writ Number: ####

Claimant CDISCOUNT RETAIL LIMITED
Defendant: #### ####
HIGH COURT FORM NO 55
NOTICE OF SEIZURE
In The High Court Of Justice
Queens Bench Division
OXFORD DISTRICT REGISTRY
High Court Claim Number: #####
County Court Claim Number:#####

Sent from the OXFORD COUNTY COURT
Address of Premises: ##########
This Notice has been left at this address ##########
an Enforcement Officer from Andrew Wilson & Co The Sherilfs Office High
Court Enforcement Officers of 26 Missouri Avenue Salford Manchester M50
2NP who are authorised to enforce writs of execution from the High Court.

TAKE NOTICE THAT:

1. A formal seizure of the goods at this address has been made under a Writ 01»
Execution directed to an Enforcement Officer by the High Court. The
Enforcement Officer accordingly has conduct of the execution.

2. The goods seized are now in the custody of the Enforcement Officer, as an
Officer of the Court, and must not be removed, sold or otherwise disposed of.
This will remain the position until the sLIm due under the execution has been
paid in full. The only exceptions are goods of the type referred to in
Paragraph 9 of schedule 7 of Section 99 of the Courts Act 2003. (This
Section is set out below). Enclosed with this NOTICE is a WALKING
POSSESSION AGREE~v"ENT in thn form prescribed by la\-v. You must read
this agreement and sign it to acknowledge the seizure and hand it to the
Enforcement Officer attending your premises or return it to this Office. Failure
to sign the Walking Possession Agreement may result in the removal of the
goods seized without further notice pending disposal by public auction.

3. The judgment debt and costs of execution due under the Writ are:-

Judgment Debt: £4,746.8·1
Judgment Costs: £187.00
Costs of Execution: £101.75
Assessed Solicitor Costs
*Interest to date: £6.63
*HCEO fees: £1,035.65
Total outstanding: £6,077.84

*Interest is payable from the appropriate date (which varies according to the
size of the judgment debt and where it originated). Officer's fees and interest
will continue to accrue daily until the judgment debt is paid in full.

4. Payment must be made to this office in CASH or by BANK DRAFT. Payment
by cheque may be accepted if the Enforcement Officer agrees but may be
subject to such charges (if any) as are made by his bankers for special
clearance.
Please note that it is essential that Writ number ###### is written on the
back of all cheques or bank drafts and quoted in any bank transfers so
that these payments can be identified. All cheques and drafts must be
made payable to Andrew Wilson & Co and sent to the contact address
below.

5. If payment is not made and the execution proceeds, the Enforcement Officers
or their agents will attend and remove the goods seized for sale by public
auction or as the Court may direct.

6. If any of the goods seized are not your property, you must tell the owner
about the seizure and he must write to the High Court Enforcement Officers
claiming the goods at the contact address below.

7. If any of the goods seized are the subject of a hire purchase or any similar
agreement, you must send full details in writing to the High Court
Enforcement Officers at the contact address below.

8. If any of the goods seized are not liable to seizure by virtue of Paragraph 9 of
schedule 7 of Section 99 of the Courts Act 2003 (set out below) this Office
must be sent full details in writing within 5 days of the seizure or within such
greater period as the Court may, on your application, allow.

9. You must inform this office if anothl~r Bailiff seizes, levies on or distrains the
goods to pay another debt and you must inform that Bailiff of this seizure.

10. You must also inform this Office of any Petition in Bankruptcy or application to
liquidate a limited company that may be, have been or is subsequently served
on you.

11. The goods seized are all those referred to at 2 above but in case there is any
doubt, the following items have been levied on today and ARE INCLUDED IN
THE SEIZURE:





Dated: _____________________
Signed: _____
Contact details:
Andrew Wilson & Co
The Sheriffs Office
26 Missouri Avenue
Salford
Manchester
M502NP
Tel: 01619251800
Fax: 01619251801
Website: http://www.northernsheriffs.com

Paragraph 9 of Schedule 7 of Section 99 of the Courts Act 2003 provides as follows:
9 (1) This paragraph applies where an enforcement officer or other person who is under a
duty to execute the writ is executing it.
(2) The officer may, by virtue of the writ, seize-
. (a) Any goods of the eX6cutrc\n debtor that are not exempt goods, and
(b) Any money, bank notes, bills of exchange, promissory notes, bonds,
specialties or securities for money belonging to the execution debtor.
(3) "Exempt goods" means-
(a) such tools, books, vehicles and other items of equipment as are necessary
to the execution debtor for use personally by him in his employment,
business or vocation;
(b) such clothing, bedding, furniture, household equipment and provisions as
are necessary for satisfying the basic domestic needs of the execution
debtor and his family.


The High Court Enforcement Officers Regulations 2004
Regulation 15 SCHEDULE 4
WALKING POSSESSION AGREEMENT
In the High Court Of Justice
Queens Bench Division
OXFORD DISTRICT REGISTRY
High Court Claim Number: ########
County Court Claim number: ########
Sent from the OXFORD COUNTY COURT
Claimant: CDISCOUNT RETAIL LIMITED
Defendant: #### #######

To Karl Harrison, Patricia Thomson & Andrew Wilson of Andrew Wilson & Co enforcement
officers authorized to execute writs of execution issued from the High Court
I request that you will not leave a possession man on my premises in close possession of
the goods which you have seized under the writ of execution issued in this claim.
if this request is &lIowed to me, ! undert~f:e, pe~ding withdrawal. or satisfaction of the writ:
a) not to remove the goods or any part of them nor to permit their removal by any
person not authorised by you;
b) to inform any person who may visit my premises for the purpose of levying
execution or distress that you are already in possession of my goods under the writ.
c) to notify you immediately of any such visit.
AND I authorise you or a person acting on your behalf, pending the withdrawal or
satisfaction of the writ, to re-enter my premises at any time and as often as you may
consider necessary for the purpose of inspecting the goods or completing the execution of
the writ.

Dated this _____ day of _________ 20 _____ _
Signed _____________________ Judgment Debtor
Writ Number:#####



Thanks for your opinions / help in advance.....
«1

Comments

  • Tixy
    Tixy Posts: 31,455 Forumite
    He could (and should) have applied to have had the hearing take place in his local court.

    Did he respond to the court papers and ask to be able to pay in installments?

    Have the baliffs visited and been in the house? Does he own a car that is kept at or near the house?
    A smile enriches those who receive without making poorer those who give
    or "It costs nowt to be nice"
  • fatbelly
    fatbelly Posts: 20,448 Forumite
    Name Dropper First Anniversary First Post Cashback Cashier
    edited 16 March 2010 at 10:54AM
    I'm thinking that, unless the bailiffs have actually been inside the property AND produced a list of the goods levied, then there is no levy and this is all so much hot air. They have no power to force entry unless given peacable entry, even with a High Court writ.

    Your friend may be best posting here himself, and we're looking for guidance from Roberto Moir and Herbie21 as usual!
  • mrviews
    mrviews Posts: 19 Forumite
    edited 15 March 2010 at 9:08PM
    In response to your questions, he attempted to contact the court but had no luck phoning them, he contacted them via the post but had nothing back, even now he has no luck contacting the court. The baliff has visited the property, but has not been in the house.

    He has mentioned that another letter was hand delivered today and mentioned something along the lines of "I will attend again at this address at any time and may remove goods even in your abscence", so basically they are saying they will break into his parents house and take goods? Can they do this?

    I know he owns 2 motorcycles that are kept in a locked garage.

    He has since spoken to the baliff asking what happens next and explained he could not make a payment anytime soon, the baliff responded that goods will be taken unless proof can be obtained that they do not belong to him. He was also told that he will be made bankrupt if he does not pay the debt and it will cost him more money........

    Your thoughts?? I will try to get him to create an account on here.
  • Bailiffs would not be allowed to force entry into the property for this debt (High Court or County Court). So, your friend must ensure that he/she does not allow them in. Yes, it is uncomfortable not knowing when they are going to turn up. But, don't let them in.

    Has your friend signed the 'Walking Posession Agreement'. If not, then please ensure that they don't sign it at all. A bailiff will ask you to sign this once they have entered the property. Once they have entered the property and got a signature, then this may give them the right to gain entry at a later date.

    If goods do not belong to your friend, then the true owners can either provide receipts for the goods (proving ownership) or the true owners can swear a 'Statutory Declaration' (either at the County Court (free) or through a Solicitor (for a fee) stating that all or some items belong to them).

    Agree with Tixy... Your friend should have tried to get the case transferred to a court nearer to home. It is possible to get CCJ's set aside (I don't fully know your case, so I can't really comment any further on that). Your friend could also try and get the court to agree for him/her to make repayments in installments. This should hold off the bailiffs.

    It does sound as if these are just threats at the moment. And, if the bailiff has not entered the property then they are just 'chancing their arm' with 1) your friend signing the 'Walking Possession Agreement' (giving them the right to gain access to the property) or 2) them catching your friend or his/her family unawares and hoping that they will be let into the property.

    Nevertheless, it does seem like that your friend needs to do something. How does your friend want to play it?

    And please take advice from others on here. They have more experience than myself in helping people out. I am very new to ths forum as you can see. But, I do have a fair amount of 'hands on' experience.
  • Tixy
    Tixy Posts: 31,455 Forumite
    It almost sounds like they have done an illegal levy or as fatbelly says they could be idle threats, although as these are written letters which your friend can use of evidence I am not sure if they would be just hot air.

    As fatbelly says there are a couple of posters who could probably help best Robertmoir and Herbie21 or for the court related bits 10past6 or RAS.

    Considering your friend has sat on this for a while I would suggest he needs to try and act quickly. To that end he may want to contact Baliffadviceonline for advice. That site is well thought of on here, and its owner posts on this board.
    A smile enriches those who receive without making poorer those who give
    or "It costs nowt to be nice"
  • mrviews
    mrviews Posts: 19 Forumite
    thank you for the replies, i have als pmed some of the usernames mentioned in the above posts, he has done some of his own research and it seems the HCEO fees they are charging are not even legal, they are supposed to be around 2.5%, they are charging around 20%!
  • mrviews
    mrviews Posts: 19 Forumite
    just bumping it up.....
  • mrviews
    mrviews Posts: 19 Forumite
    any one? bump bump
  • DVardysShadow
    DVardysShadow Posts: 18,949 Forumite
    A basic step which needs to be made is whether there really was a CCJ. Something does not quite stack up about this - although whether this is a consequence of the creditor employing a dodgy debt collector or of your friend having his head in the sand, I cannot say.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • Hi, it sounds as if your friend got a similar letter to mine. It was hand posted and it had HCEO costs listed as approximately £724.16. When I asked Andrew Wilson & Co to provide a breakdown of the costs, this is what they gave me:

    Percentage Fee 1: £40.58
    Mileage Fee 2: £31.06
    Seizure Fee 3: £2.00
    Enquiry Fee 4:: £4.00
    Walking Possession Fee 5(2):£5.50
    Enforcements under Fee 5(3): £440.00
    Disbursements Under Fee 5(3):
    No Sale Inventory Fee 6(2)(b) [FONT=Arial+1][FONT=Arial+1]£76.16[/FONT][/FONT]
    Disbursements under fee 12: £17.00
    [FONT=Arial+1][FONT=Arial+1]VAT:£107.85[/FONT][/FONT][FONT=Arial+1]
    [/FONT]
    [FONT=Arial+1][FONT=Arial+1]Go to "opsi.gov.uk/si/si2004/20040400.htm" to find out what each item means. Anyway, basically they are attempting to charge me for actions they have not even taken. I have contacted them regarding their attempt at defrauding me and initially was ignored. After a 3 more emails I received a nonsense reply from them. [/FONT]
    [FONT=Arial+1]I am concerned that although I wasnt duped by them, many other people (especially vulnerable/old people) may be and may end up paying thousands of pounds in fraudulent costs to HCEOs.[/FONT]
    [FONT=Arial+1]Anyway I want to know how many other people have received similar letters from Andrew Wilson because I want to stop them. Please contact me if you would like to be part of a group which stops HCEOs taking advantage of vulnerable people in this way.[/FONT]
    [FONT=Arial+1]So basically, if you (or a friend) has received a similar (first, second or third) letter from Andrew Wilson & Co (or any other HCEO for that matter) and they have not taken any action (ie removed any goods) then please get in touch [EMAIL="hon3yb@hotmail.co.uk"]hon3yb@hotmail.co.uk[/EMAIL].[/FONT]
    [FONT=Arial+1]Thanks[/FONT]
    [FONT=Arial+1]:grouphug:[/FONT]
    [/FONT]
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