High Court Enforcement Officer - Threat of Warrant of Entry

itsasecretfornow

Hello there... a little concerned about the actions of an HCEO and what he can really do.

At the end of last year I was threatened with being sued in the high court for breach of copyright, for a number of reasons I ignored this threat and the Claimant got a default judgment for £25,000 + fees and other stuff amounting to around £32,000. I'm not going into the rights or wrongs of me ignoring this, but as I have other debts I've been seriously considering bankruptcy anyway.

Things have been quiet on this front for several months then a couple of weeks ago I received a Writ of Control giving me notice an HCEO will visit. Today that visit took place, I have been here all day and I wasn't aware of the visit until I opened my mailbox on the way out and found a letter. (see below).

What concerns me about this letter is the second paragraph which reads:

"REMOVAL OF ASSETS WILL NOW TAKE PLACE WITH OR WITHOUT YOUR PRESENCE AND WHERE NECESSARY AN APPLICATION WILL BE MADE TO THE COURT UNDER PARAGRAPH 15, SCHEDULE 12, TRIBUNALS AND ENFORCEMENT ACT 2007 FOR AUTHORITY TO ENTER YOUR PREMISES."

• My belief, having researched this before, is that HCEO's can't apply for these warrants for this kind of debt at a residential premises? Is that the case? Or do HCEOs have additional powers for High Court judgements for copyright?
• Is the bailiff overselling his powers in an attempt for me to talk to him?
• While I am starting to get to a stage of dealing with all of my debts, is the HCEO being granted a  warrant of entry an actual danger at this point?

In any event I am unemployed, have a computer that's not worth more than a few hundred pounds (an even less at auction), and have no car or other assets that could be seized even if they did gain entry.

Thanks for any advice you guys can give.

sourcrates

HCEO’s cannot force entry to private property, and can only force entry to commercial premises with the courts consent.
They can however enter through an unlocked door.

Never sign anything a bailiff gives you, papers through an open window for example, as signing a controlled goods agreement allows them to effect entry.

itsasecretfornow

sourcrates said:

HCEO’s cannot force entry to private property, and can only force entry to commercial premises with the courts consent.
They can however enter through an unlocked door.

Never sign anything a bailiff gives you, papers through an open window for example, as signing a controlled goods agreement allows them to effect entry.

Thanks. So it's an empty threat/tactic to try to make me deal with them? I mean, I'm not trying to totally dealing with this but it's going to be several months before I can do so.

I've never even spoken to him, I don't think he even rang the bell to be honest, and it's unlikely I'd be signing anything. Just had me concerned with the way the letter was worded.

tacpot12

Unfortunately. para 21 of Schedule 12 of the Tribunal Courts and Enforcement Act 2007 allows the HECO to apply for a warrant to use reasonable force to enter the premises, providing they had a warrant to enter the premises under para 15 of the same Schedule. HECOs cannot force entry to residential properties initially, but once they have a warrant for entry they can apply for a further warrant to force entry. You should have a copy of the Warrant that allowed them to enter your premises and remove goods. The document in the image doesn't look like the High Court-issued warrant. If you don't have a copy of the warrant, ask them for a copy, and consult a solicitor if they won't (can't) give you a copy. 

You should seek advice about your debts from Citizens Advice who will also be able to advise whether there is any advantage to letting this creditor apply to make you bankrupt, over the other option of you applying for this. 

itsasecretfornow

tacpot12 said:

Unfortunately. para 21 of Schedule 12 of the Tribunal Courts and Enforcement Act 2007 allows the HECO to apply for a warrant to use reasonable force to enter the premises, providing they had a warrant to enter the premises under para 15 of the same Schedule. HECOs cannot force entry to residential properties initially, but once they have a warrant for entry they can apply for a further warrant to force entry. You should have a copy of the Warrant that allowed them to enter your premises and remove goods. The document in the image doesn't look like the High Court-issued warrant. If you don't have a copy of the warrant, ask them for a copy, and consult a solicitor if they won't (can't) give you a copy. 

You should seek advice about your debts from Citizens Advice who will also be able to advise whether there is any advantage to letting this creditor apply to make you bankrupt, over the other option of you applying for this. 

That's a little to confusing. But they don't have that warrant, this letter says they will apply for that under paragraph 15, not that they already have one. I'm questioning under what grounds they're saying they could get one under paragraph 15 and whether they can, this is a resitdential property and not a fine.

sourcrates

Entry under warrant

15(1) If an enforcement agent applies to the court it may issue a warrant authorising him to enter specified premises to search for and take control of goods.

(2) Before issuing the warrant the court must be satisfied that all these conditions are met—

(a) an enforcement power has become exercisable;

(b) there is reason to believe that there are goods on the premises that the enforcement power will be exercisable to take control of if the warrant is issued;

(c) it is reasonable in all the circumstances to issue the warrant.

(3) The warrant authorises repeated entry to the same premises, subject to any restriction in regulations.

They have to satisfy a court you have goods worth Approx 60k (second hand stuff sells for about half it’s true worth) only then would they issue the warrant.

Send or leave a letter confirming you have no assets and say your considering bankruptcy, that will make the trail go cold usually.

itsasecretfornow

Thanks sourcrates I'm aware of what that section says, but that's the conditions for situationns where they're able to apply to enter the premises (ie commercial premises, or residential premises  for fines HMRC etc), I'm questioning whether they even can in this situation, guess I need to get professional advice as other than the first sentence in your first post I'm just getting more confused with the other information.

sourcrates

Understood.
Try the Legal Beagles website, they deal with anything of a legal nature.

fatbelly

You are unemployed, have a computer that's not worth more than a few hundred pounds (and even less at auction), and have no car or other assets. Is there a reason why you are not going bankrupt? You cannot rely on the creditor doing this - they would be throwing good money after bad. It isn't going to happen.

Is the fee the problem? Do you have any access to £680? For instance do you have credit cards with any available credit?

itsasecretfornow

fatbelly said:

You are unemployed, have a computer that's not worth more than a few hundred pounds (and even less at auction), and have no car or other assets. Is there a reason why you are not going bankrupt? You cannot rely on the creditor doing this - they would be throwing good money after bad. It isn't going to happen.

Is the fee the problem? Do you have any access to £680? For instance do you have credit cards with any available credit?

Yes the fee is the issue, no I don't have any credit cards, hence the few months to work through things. I think I'm just not wanting to lose what little I have in the meantime and have to deal with someone invading my home to take it, when it's not even likely to cover much more than a couple of months of interest on the £35,000 that debt alone now stands at.

Galloglass

For instance do you have credit cards with any available credit?

Is this not an issue? Knowingly incurring further debt prior to bankruptcy. Or is it just turning a blind eye in a pragmatic way?