Bailiffs

Le_slug

Thankyou sourcrates, your quite right it’s a problem that needs regulating properly. People don’t get into these situations on purpose I’m pretty sure about that!
Potbellypig, I was perhaps hoping to hear that somebody could advise me on the legality of what they’ve done in regards holding back information and the loan shark bully boy techniques used by the enforcement officer. I’m hoping that your bitterness and aggressive response to my post is down to side effects from some medication your using and not your usual persona. I had enough of the bullying from the enforcement ‘officer’ so I’d rather you just ignore the post if you had nothing constructive to add. I hope your life improves and with it your personality. I wouldn’t be surprised if you’d held back from saying I should never have got in the situation in the first place. I can assure you I work extremely hard in a very physical job, thankfully it’s starting to pay off now and in return I’m paying off my debts and also saving money having not to join a gym, not that I would. But hey potbellypig, just as I’m not alone in being targeted by these parasites you are not alone in your bitterness and anger so I’ve had much experience in dealing with your types. If I can ever help you overcome your issues in any way just let me know!
Again thankyou to those that replied, I’ve already contacted politicians on this issue and will continue to do so.
Take care all,
Le slug

Kentish_Dave

Le_slug wrote: »

Thankyou sourcrates, your quite right it’s a problem that needs regulating properly. People don’t get into these situations on purpose I’m pretty sure about that!

You are very wrong about that, as shown by some posts on here. People borrow money without having worked out how affordable the deal will be. They borrow for shiny new cars, weddings, holidays, or Christmas presents, knowing that what they are doing will bring down their life like a lack of cards if they have even a single missed pay packet.

While I’d not support aggressive tactics, I do understand it. They have to deal with some pretty awful people.

fatbelly

Water companies use High Court enforcement, which is an issue in itself. Not only do they tend to be aggressive and misrepresent their powers, they can actually (why?) charge higher fees. The scale for HCEOs is

Compliance Stage

The fee for this stage is £90 including VAT.

As soon as the High Court Enforcement Officer(HCEO) receives the sealed writ of control, they must send you a Notice of Enforcement . The Compliance Fee of £90 is added at this stage.

The Notice of Enforcement must be sent to you personally, giving you 7 clear days (excluding Sundays and bank holidays) to pay the sums outlined. If you pay the full amount (including the £90 Compliance Fee) during the compliance stage (i.e; before the cut off date on the Notice of Enforcement) then the matter is concluded.

If you cannot afford to pay the entire amount in full at this stage, the HCEO/enforcement agent is legally obliged to consider a sensible payment proposal. However, it is vitally important to be aware that in order to accept a payment proposal, the Enforcement Agent is obliged to make a personal visit to your premises on behalf of the creditor, in order to secure the debt. This visit will attract the Enforcement Stage 1 fee as outlined below.

Enforcement Stage 1

The fee for this stage is £190 plus 7.5% of the sums to be recovered over £1,000 plus VAT. For example, if the outstanding debt is £3,500, the 7.5% would only be charged on the sum over £1,000 (i.e; £2,500).

At this visit, a payment proposal may be agreed but in order to satisfy the terms of the writ of control, the High Court Enforcement Officer must seek to secure the debt on behalf of the creditor by getting a Controlled Goods Agreement signed. By signing the Controlled Goods Agreement, you will be able to retain the use of the goods listed but these goods may be taken at a later stage if you default on the payment agreement.

It is vitally important to make clear that if you do have available goods that can be taken (usually a motor vehicle) and you refuse to sign a Controlled Goods Agreement, then the High Court Enforcement Officer is legally entitled to immediately remove goods and accordingly, he may then charge the Enforcement Stage 2 fee below.

Enforcement Stage 2

The fee for this stage is a flat fee of £495 plus VAT.

If you fail to make any payment or enter into an acceptable instalment arrangement covered by a Controlled Goods Agreement, or default on a previously made agreement, the High Court Enforcement Officer is obliged to re-attend your property with a view to removing goods. If preparations are made for their removal, the Sale Stage Fee as outlined below may also apply.

Sale Stage Fee

The fee for this stage is £525 plus 7.5% of the sums to be recovered over £1,000, plus VAT.

The costs of removal are normally included in this sale stage fee. However, in very limited circumstances, it is possible for the enforcement agent to apply to the High Court for an order that they may recover exceptional expenses from the debtor. It should be made clear that such an application requires the consent of the creditor and should only apply in exceptional cases. For example; this could apply where the HCEO is anticipating removing an item such as a boat, motor home, heavy machinery etc.

The only other fees chargeable (without application to court) are for disbursements such as locksmiths, storage and auctioneers fees.