High Court Enforcement Group - Michael Perkins

Tell us how you beat the bailiffs.
Post Reply
mrcesq
Posts: 15
Joined: 17 Nov 2015 11:43

#1 High Court Enforcement Group - Michael Perkins

Post by mrcesq » 09 Jan 2017 17:33

Michael Perkins of High Court Enforcement Group executed a writ unlawfully by failing to treat me as a vulnerable person and taking control of a car I do not own. I followed the pay and reclaim system Jason has written about on these forums and I took the creditor to court today. All throughout the process County Collections ltd (who were the debt collection agency the creditor instructed) the creditor and HCEG have been adamant I had no case against the creditor and that the writ was executed lawfully. They seem to refuse to accept the existence of paragraph 7 of the national standards!

Following a 6 hour hearing (mammoth) the District Judge ruled that Mr Perkins should have withdrawn from the property and that he should have done proper checks on the ownership of the car. He therefore found in my favour and the creditor now has a CCJ!!!! I also have my money back!

I am now going to use these findings as a base to file an EAC2 against Michael Perkins.

Thank you Jason together we will defeat the scum!

If anyone wants the judgement to be used in future case law let me know.

User avatar
Schedule 12
Posts: 13265
Joined: 30 Jul 2012 21:23
Location: London WC2
Contact:

#2 Re: High Court Enforcement Group - Michael Perkins

Post by Schedule 12 » 09 Jan 2017 17:40

Were you a client of mine? or did you use the material from DWB?

You can post up the judgment. Hide your personal details on the document.

How does paragraph 7 come into it? That says the bailiff must give notice, but its paragraph 10 that says bailiff can take control of goods only if they are the debtors.

Well done for bringing it singlehanded.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

mrcesq
Posts: 15
Joined: 17 Nov 2015 11:43

#3 Re: High Court Enforcement Group - Michael Perkins

Post by mrcesq » 09 Jan 2017 17:46

Paragraph 7 of the national standards is:

Creditors should remember that enforcement agents are acting on their behalf and that ultimately they are responsible, and accountable, for the enforcement agents acting on their behalf.

Whilst not legally binding the Judge dug out a copy of 'Taking Control of Goods' by John Kruse and determined that it is very clear liability lies with the creditor. The Judge also determined that the enforcement agent was informed at an early stage that I was a) vulnerable and provided with proof and b) that the car wasnt mine. Michael Perkins checked to see if the car was finance free he did no other checks. All in all the judge said he didn't do his due diligence. Oh and his witness statement wasn't signed!!!

I haven't been a client of yours I have just read your helpful articles and advice. So thank you.

LemonSherbert
Posts: 29
Joined: 06 Nov 2014 18:22

#4 Re: High Court Enforcement Group - Michael Perkins

Post by LemonSherbert » 06 Feb 2017 03:49

Congratulations & well done to you Mrcesq.

It's nice to read a successful post against a Bailiff.

mrcesq
Posts: 15
Joined: 17 Nov 2015 11:43

#5 Re: High Court Enforcement Group - Michael Perkins

Post by mrcesq » 28 Feb 2017 15:04

Thank you Lemon Sherbert. I have today filed an EAC2 against Michael Perkins!

Kahmata15
Posts: 8
Joined: 28 Mar 2017 18:42

#6 Re: High Court Enforcement Group - Michael Perkins

Post by Kahmata15 » 28 Mar 2017 19:00

Can I just say that people are referring to this and other companies as both bailiffs and enforcement officers from the high court. Yes some companies do both, but when giving advice to vulnerable people you need it be clear. A high court enforcement officer or sherriff is not a bailiff..They have far more powers of entry and the police cannot remove them unless they have committed a breach of the peace or other crime. Calling them bailiffs is misleading and people should be aware that a letter from these people is extremely serious. They have more powers than bailiffs. Please can the site administration point out these differences and our rights in both cases, limited as they are? Thanks.

Kahmata15
Posts: 8
Joined: 28 Mar 2017 18:42

#7 Re: High Court Enforcement Group - Michael Perkins

Post by Kahmata15 » 28 Mar 2017 19:02

mrcesq wrote:
28 Feb 2017 15:04
Thank you Lemon Sherbert. I have today filed an EAC2 against Michael Perkins!
An enforcement officer is a high court sheriff not a bailiff.

mrcesq
Posts: 15
Joined: 17 Nov 2015 11:43

#8 Re: High Court Enforcement Group - Michael Perkins

Post by mrcesq » 28 Mar 2017 19:05

Kahmata15 wrote:
28 Mar 2017 19:02
An enforcement officer is a high court sheriff not a bailiff.
I am well aware of the difference. At no point did I state he was a bailiff?

User avatar
Schedule 12
Posts: 13265
Joined: 30 Jul 2012 21:23
Location: London WC2
Contact:

#9 Re: High Court Enforcement Group - Michael Perkins

Post by Schedule 12 » 28 Mar 2017 19:11

Kahmata15 wrote:
28 Mar 2017 19:00
Can I just say that people are referring to this and other companies as both bailiffs and enforcement officers from the high court. Yes some companies do both, but when giving advice to vulnerable people you need it be clear. A high court enforcement officer or sherriff is not a bailiff.

You rarely see High Court Enforcement Officers out on the street. They don't have an enforcement certificate and they can only instruct someone that does.

You might see bailiffs with "High Court Enforcement Officer" emblazoned on their attire, but this recently was discontinued after an enforcement become unstuck during corss examination and HCEOA issued a briefing note to call the High Court Enforcement Agent".

Bailiffs cannot refer to themselves an "officer". Legally, they are an Enforcement Agent. Prescribed under section 62 of the Tribunals Courts and Enforcement Act 2007.







.They have far more powers of entry

No they don't. Not as far as Schedule 12 is concerned. Executing a writ of possession does give power of entry. a writ of control does not - unless the enforcement address is a commercial premises.

HCEO's can only enforce unpaid writs by instructing a certificate enforcement agent.



and the police cannot remove them unless they have committed a breach of the peace or other crime.
And when the bailiff is not acting in execution of duty. R Vs Gunter, Bromley Magistrates. Not a precedent but persuasive because the magistrates making the finding sat as district judge.



Calling them bailiffs is misleading
The term "bailiff" is obsolete under current legislation, but still used for old skool. Much like "Legal Aid" for public funding.



and people should be aware that a letter from these people is extremely serious. They have more powers than bailiffs.
Can you tell us what legislation gives bailiffs (enforcement agents) and HCEO's differences in enforcement power?


Please can the site administration point out these differences and our rights in both cases, limited as they are? Thanks.

I'd love to, but I don't know them other than what I've explained above.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

Post Reply