HCEO form 55 CAR LEVY

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drs
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#1 HCEO form 55 CAR LEVY

Post by drs » 30 Mar 2014 16:03

II have very recently returned home from being abroad for 4 months to find I have been taken to the county court and had a ccj during the time I was away, I was out of the uk when the county court issued notice of proceedings, the date of the judgement and the escalation to the high court I of course knew nothing about at the time of its process.
I read for this site It is not possible for an HCEO to transfer a debt to the High Court without a judgment in the county court and that is not possible without you having acknowledged the claim by completing and returning the Defendants Response pack.
However it seems that commonly people might not make any response to a notice of proceedings but courts do seem to just proceed and pass judgement in the absence of reply or acknowledgement.
I have made an application n244 to the court to
1 set aside the writ
2 set aside the ccj
Because I was not aware of the proceedings (explanation) and wish to make representation of defence
It does seem that the court are not doing much with this application – the clerk says they will list it for a hearing and inform all parties in writing . (I have expressed reason of urgency to the clerk but to no avail)
I also notice for your site that Applying for a Stay of Execution or a Set Aside stops enforcement so copy in the HCEO company when you send it to court
I have indeed copied the HCEO office but their response is
“We note you application for the Writ of FiFa to be set aside however, this is a mere application which does not stop enforcement action from continuing. Enforcement will only cease if we receive a Court Order to stop enforcement or if we receive instructions from the Claimant.”
So is there anything I can do to stop enforcement until the set aside hearing had taken place?

Now the matter of the cars
A person from high court enforcement called at my home in my absence and left a notice Form 55 of seizure listing 2 vehicles on my private driveway , no one was home and the form 55 was left wedged in the door.
Both of the cars are not registered nor ever have been registered to me with DVLA the cars are registered to this address but not in my name and the owners are not in the uk right now and will not be for some considerable time.
I sent copies of the V5 for each car to the HCEO office
Their response to this is
“When attending a property to which we have been directed it is reasonable to expect to see items belonging to the defendant such as a vehicle and that pirma facie we are entitled to believe that the goods may belong to the defendant, and that it’s the defendants obligation to prove otherwise and as such are not acting contrary to the theft act. In respect of the vehicles DVLA checks are performed on the sale but in order to perform such checks the vehicles must first be levied upon, as per the instructions of the DVLA. We should point out that the V5 certificate and indeed the DVLA checks do not confirm who the owner of the vehicle is, they simply confirm their registered keeper. Should you wish to forward a claim of ownership to the levied Vehicles you are required to inform the third party and they must write to us to make their claim to the levied assets. Such actions do not invalidate the writ.”
Its seems bizarre that if these cars was registered to me they would suggest that I am the owner based on the evidence from DVLA but they don’t seem to accept that is far more likely that they don’t belong to me because they are not registered in my name.
I’m thinking what the purpose of checking with DVLA if you are going to ignore the findings when they don’t suit you and fail to investigate further.
So what exactly is proof of ownership?
What action can I take to help protect these cars from being removed?
Can a HCEO remove a car with out any person being present at the address?

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Schedule 12
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#2 Re: HCEO form 55 CAR LEVY

Post by Schedule 12 » 30 Mar 2014 19:54

Proof of ownership is made using a sworn statement of truth. The DVLA V5 document of an insurance certificate is not proof of ownership.

Very little else but the HCEO would be very stupid to interfere with a car knowing an application to set aside is being made because the creditor becomes liable for the loss of use of the car and the enforcement agents professional indemnity insurance gets a big bill. It's not worth the risk so keep that HCEO acknowledgement as proof of knowledge.

The cannot remove in absence because they need a levy on it first. To be honest it's way too risky for an HCEO to even consider doing anything stupid while an application is in progress.

You can attend court receipt ion and ask if there is a judge available to make the order there and then and that stops action.
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drs
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#3 Re: HCEO form 55 CAR LEVY

Post by drs » 30 Mar 2014 20:35

Thanks so much for your response JasonDWB

the sworn statement of truth is an issue as the owners are out of the country right now , also is there any way to recover the cost of this being notorised by a solicitor? gets expensive defending your rights when its hardly the fault of the owner - just my thoughts

would your template letter re Re: Notice under Rule 2 of the CPR Schedule 1, RSC Order 17 be sufficient to be considered as proof (wonders if am proving beyond reasonable doubt or on the balance of probabilities) , seems an injustice that the HCEO company can make this "judgement" decision when they are the ones to benefit from it .

it was my understanding that the form 55 was levy of seizure of the cars ( even if that was made in the absnce of any person and left at the door)

not that it may make any difference but in case it does for information a NOWOIROA was on the boundary and sent to the HCEO office prior to the levy form 55, but their written response was that they had a writ so the court had instructed them to attend so they was not trespassing etc

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#4 Re: HCEO form 55 CAR LEVY

Post by Schedule 12 » 30 Mar 2014 20:56

The rule 2 would do it.

If the HCEO even thinks of interfering with someone else's car then it's not you that has the problem. Let them take it and the creditor pays when the owner gets back to the UK.

Any expenses incurred by wrongful action if another is recoverable through the courts. It's called a 'tort'
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drs
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#5 Re: HCEO form 55 CAR LEVY

Post by drs » 30 Mar 2014 22:05

jasonDWB wrote:The rule 2 would do it.

If the HCEO even thinks of interfering with someone else's car then it's not you that has the problem. Let them take it and the creditor pays when the owner gets back to the UK.

Any expenses incurred by wrongful action if another is recoverable through the courts. It's called a 'tort'
Thanks you so very much for your knowledgeable help and for the time in writing the responses

it has reassured me a little as to the practical issues the HCEO faces in these circumstances even if I have no stay of execution .

while it may not be my problem if they take the cars I would of course be very embarrassed about it and feel responsible to the owners, who i could imagine might be very distressed by it

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#6 Re: HCEO form 55 CAR LEVY

Post by Schedule 12 » 30 Mar 2014 22:18

Why would you feel responsible to the owner? All the owners does is make a claim against the creditor and the creditor claims on the HCEOs liability insurance.

It is a criminal offence anyway for an HCEO to abuse his position as a court officer to go round stealing cars pretending to be levying on them knowing they don't belong to a debtor. Section 4 of the Fraud Act 2006.
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