Help with high court enforcement officer situation

Sunny3756

Hello,

Could someone with legal training please help me with my situation.

High court enforcement officers came to my home. My mum answered the door, they said they were there to collect a debt from a CCJ. The debt belongs to a family member that used to live here but has since gone abroad.

My mum explained to them that the debtor is no longer here. They then asked to see proof that the cars in the front drive did not belong to the debtor, my mum pushed the front door shut (or so she thought) and turned around to get the relevant paperwork which is stored in a cabinet next to the front door, when she turned around to open the door again she saw the door being pushed open (which almost hit her) and the HCEOs slip in sideways saying "we're in".

My mum told them they are not allowed to do that and to leave, but they refused to leave. I heard the commotion and came downstairs. I told them I’m the homeowner and they do not have my permission to enter but they refused to leave. I told them the debtor is not here, doesn’t own the home, doesn’t own any possessions here, doesn’t own the cars outside, the debt is not mine and I have nothing to do with it, they refused to leave without payment. They said I have to prove with receipts I own everything or they can take it. I told them how could I possibly do that, I didn’t keep all the receipts, and even if they took everything it wouldn’t cover the huge sum demanded. They refused to leave without payment.

They gave us 30 mins to contact the debtor. We tried but could’t get the debtor on the phone. The HCEOs put pressure on us the whole time that they want payment or they would go through the whole house and seize goods to sell, at which point the debt would increase by several thousands due to extra fees. They said they have a 30 min time limit which is tracked by their head office as soon as they arrive and exit their van.

I could’t let them take my family’s possessions, especially the computers (10 year old worthless computers) which had my family’s work and studies stored on them which are irreplaceable. I also didn’t want the emotional trauma, especially for my mum and family. I was also under the belief that now they had gained entry that they could return at any time and break in if they wished. I voiced this out loud to my mum and they heard it and said “oh so you know the process have you been through it before?” to which I replied no this is my first time.

So I caved in and told them they leave me no choice but to pay since I can’t prove my possessions are mine with receipts. I paid them with credit card, they gave me a receipt and a copy of the writ of control and fee breakdown. I signed nothing and agreed to nothing. They then left.

I am very upset and angry, this debt was not mine and I was bullied into paying it to get them out of my house to save me and my family emotional trauma and our possessions.

Can someone with legal training please help me get my money back, I should not have paid this money, what can I do to get it back?

If I do get my money back would the HCEOs return?

If I got my money back and they return, are they allowed to break in now having already been inside my house once (even though it was without my permission)?

Thanks in advance for your time and help.

Caz3121

Have you asked the family member abroad to repay you since you have now paid their debt?

Hong_Kong_Phooey.

Well your mums mistake was not locking the door.

I hope this is not going to be a drip feeding thread.

Who is the relative that owes the money?

The money will be held in the bailiffs account and you can dispute the money owed in court. I don't know if you can or it has to be the person who owes the money.

BorisThomson

Hong_Kong_Phooey. wrote: »

Well your mums mistake was not locking the door.

I hope this is not going to be a drip feeding thread.

Who is the relative that owes the money?

The money will be held in the bailiffs account and you can dispute the money owed in court. I don't know if you can or it has to be the person who owes the money.

It would need to be the person who is named on the court order that would apply for a set aside, and that would only be allowed with good reason.

Definitely need more information. What has happened to all the post relating to the claim? Does relative deny the debt is his?

I have a feeling this will be the first of many visits you're going to get thanks to debts run up by your absent relative.

NoOne2

They can't take anything unless they can prove it is the debtors.

They are not allowed to force their way in and at most, they can ask for Police to visit, but it has to be a High Court Writ.

Did you make sure it was a High Court Order?

I would try explain to the CC and it also seems to be done under duress.

Also check here

https://www.nationaldebtline.org/EW/factsheets/Pages/highcourtenforcement/highcourtbailiffs.aspx

Remember:
changes to bailiff law
This is our understanding of the new rules on bailiffs from 6 April 2014.!HCEOs may argue that under the new rules, they can go anywhere they like to take control of your goods. They may say that this allows them to come into your home even if they have not been in before and that you should not refuse them entry. If!HCEOs say things like this to you, contact us for advice.

pinkshoes

They are allowed to enter peacefully through an unlocked door which they did.

Did you provide the address and phone number of the debtor to them?

Did you show them the council tax document to show debtor was not living there?

No one had to pay. If they were harassing you then the police should have been called.

Contact the bailifs office/high court and put in a formal complaint for harassment and theft.

I would perhaps also contact the police on 101 and explain you were bullied into paying a debt that was not yours, although as it was the high court I doubt they will help.

Why not just ask this relative for the money? They clearly owe the debt...

agrinnall

If it must be somebody with legal training that helps you then you'll need to pay for it, you have no idea what qualifications anybody on here has.

NoOne2

NoOne2 wrote: »

They can't take anything unless they can prove it is the debtors.

They are not allowed to force their way in and at most, they can ask for Police to visit, but it has to be a High Court Writ.

Did you make sure it was a High Court Order?

I would try explain to the CC and it also seems to be done under duress.

Also check here

https://www.nationaldebtline.org/EW/factsheets/Pages/highcourtenforcement/highcourtbailiffs.aspx

Remember:
changes to bailiff law
This is our understanding of the new rules on bailiffs from 6 April 2014.!HCEOs may argue that under the new rules, they can go anywhere they like to take control of your goods. They may say that this allows them to come into your home even if they have not been in before and that you should not refuse them entry. If!HCEOs say things like this to you, contact us for advice.

Please use that link

Hong_Kong_Phooey.

pinkshoes wrote: »

They are allowed to enter peacefully through an unlocked door which they did.

Did you provide the address and phone number of the debtor to them?

Did you show them the council tax document to show debtor was not living there?

No one had to pay. If they were harassing you then the police should have been called.

Contact the bailifs office/high court and put in a formal complaint for harassment and theft.

I would perhaps also contact the police on 101 and explain you were bullied into paying a debt that was not yours, although as it was the high court I doubt they will help.

Why not just ask this relative for the money? They clearly owe the debt...

I can't see anywhere they have been dishonest.

m0bov

Show them a letter from the council they are not registered to pay tax there. Ask you relative to send a copy of their bank statements or other bill with their new address on it. Failing all that, you will need to sue the relative for the money.

OlliesDad

Sunny3756 wrote: »

Hello,

Could someone with legal training please help me with my situation.

High court enforcement officers came to my home. My mum answered the door, they said they were there to collect a debt from a CCJ. The debt belongs to a family member that used to live here but has since gone abroad.

My mum explained to them that the debtor is no longer here. They then asked to see proof that the cars in the front drive did not belong to the debtor, my mum pushed the front door shut (or so she thought) and turned around to get the relevant paperwork which is stored in a cabinet next to the front door, when she turned around to open the door again she saw the door being pushed open (which almost hit her) and the HCEOs slip in sideways saying "we're in".

My mum told them they are not allowed to do that and to leave, but they refused to leave. I heard the commotion and came downstairs. I told them I’m the homeowner and they do not have my permission to enter but they refused to leave. I told them the debtor is not here, doesn’t own the home, doesn’t own any possessions here, doesn’t own the cars outside, the debt is not mine and I have nothing to do with it, they refused to leave without payment. They said I have to prove with receipts I own everything or they can take it. I told them how could I possibly do that, I didn’t keep all the receipts, and even if they took everything it wouldn’t cover the huge sum demanded. They refused to leave without payment.

They gave us 30 mins to contact the debtor. We tried but could’t get the debtor on the phone. The HCEOs put pressure on us the whole time that they want payment or they would go through the whole house and seize goods to sell, at which point the debt would increase by several thousands due to extra fees. They said they have a 30 min time limit which is tracked by their head office as soon as they arrive and exit their van.

I could’t let them take my family’s possessions, especially the computers (10 year old worthless computers) which had my family’s work and studies stored on them which are irreplaceable. I also didn’t want the emotional trauma, especially for my mum and family. I was also under the belief that now they had gained entry that they could return at any time and break in if they wished. I voiced this out loud to my mum and they heard it and said “oh so you know the process have you been through it before?” to which I replied no this is my first time.

So I caved in and told them they leave me no choice but to pay since I can’t prove my possessions are mine with receipts. I paid them with credit card, they gave me a receipt and a copy of the writ of control and fee breakdown. I signed nothing and agreed to nothing. They then left.

I am very upset and angry, this debt was not mine and I was bullied into paying it to get them out of my house to save me and my family emotional trauma and our possessions.

Can someone with legal training please help me get my money back, I should not have paid this money, what can I do to get it back?

If I do get my money back would the HCEOs return?

If I got my money back and they return, are they allowed to break in now having already been inside my house once (even though it was without my permission)?

Thanks in advance for your time and help.

Is this not just the script for every single episode of Cant Pay We'll take it away?