Visit from HCE bailiff last night - no prior warning

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Magicman
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#1 Visit from HCE bailiff last night - no prior warning

Post by Magicman » 31 Mar 2017 12:58

Had a visit from HCE person who claimed he was a debt collector wanting to discuss a debt. Refused him entry and he left a letter in my mailbox stating he was a bailiff.

Letter claims I have not replied to previous correspondence. There was no previous correspondence received.

Letter claims removal of assets will now take place with or without my presence.

Letter requires me to pay full amount of approx 44,000 by tonight. Appears to include bailiffs fees as original amount was 36,000.

Money is owed (CCJ and charging order on property obtained), however I am unemployed and cannot pay. Claimant knows I am unemployed.

Can bailiff force entry?
Am I within my rights to refuse bailiff entry?
Nothing in apartment is owned by me. How do I stop bailiff taking anything?

Anything I should do now...?

Thanks in advance.

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Pote Snitkin
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#2 Re: Visit from HCE bailiff last night - no prior warning

Post by Pote Snitkin » 31 Mar 2017 13:58

No he can't force entry for a CCJ. A charging order doesn't exempt you from bailiff action, and the bailiff can see a nice payday here, especially with the 7.5% of £35k he can add twice to his fees.

'Without your presence' just means they can take anything from outside. Keep anything of value outside the property safe (ie car) by parking it on private land not owned by you. This is a large debt - would you have the capital in the building to pay the charging order? There is of course a risk that a sale order could be sought.

Also best to check whether this is actually a bailiff or just a debt collector - there's a huge difference.
On 29/07/17, Compo said "If you are interested I actually typed the word label. My spell checker interpreted it as liable" Discuss.

Magicman
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#3 Re: Visit from HCE bailiff last night - no prior warning

Post by Magicman » 01 Apr 2017 08:39

Pote Snitkin wrote:
31 Mar 2017 13:58
No he can't force entry for a CCJ. A charging order doesn't exempt you from bailiff action, and the bailiff can see a nice payday here, especially with the 7.5% of £35k he can add twice to his fees.
Well, even if he gains access, there's nothing much of value. certainly nothing that would come close to 35k! :-) And as I said, nothing is owned by me.
Pote Snitkin wrote:
31 Mar 2017 13:58
This is a large debt - would you have the capital in the building to pay the charging order? There is of course a risk that a sale order could be sought.
I am doubtful that there is enough equity. Similar apartments haven't sold for enough to cover the mortgage, so the money wouldn't be recovered on a sale.

Would the Bailiff be involved in the forced sale then? We are already in the process of selling.
Pote Snitkin wrote:
31 Mar 2017 13:58
Also best to check whether this is actually a bailiff or just a debt collector - there's a huge difference.
I suspect a debt collector. That is what he said he was and the letter says "On behalf of the high court enforcement officer Norman Southern who has conduct on the execution of the writ".

Magicman
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#4 Re: Visit from HCE bailiff last night - no prior warning

Post by Magicman » 10 Apr 2017 08:26

Pote Snitkin wrote:
31 Mar 2017 13:58
Keep anything of value outside the property safe (ie car) by parking it on private land not owned by you. .
Car's owned by and registered in my wife's name. Could it still be seized...?

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#5 Re: Visit from HCE bailiff last night - no prior warning

Post by Pote Snitkin » 10 Apr 2017 10:44

Magicman wrote:
10 Apr 2017 08:26
Car's owned by and registered in my wife's name. Could it still be seized...?
If the debt's solely in your name then no, they cannot.
On 29/07/17, Compo said "If you are interested I actually typed the word label. My spell checker interpreted it as liable" Discuss.

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Pote Snitkin
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#6 Re: Visit from HCE bailiff last night - no prior warning

Post by Pote Snitkin » 10 Apr 2017 10:45

Amy, can you change the title from 'Q' on my post - my ratbag dog tried to post something.
On 29/07/17, Compo said "If you are interested I actually typed the word label. My spell checker interpreted it as liable" Discuss.

Magicman
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#7 Re: Visit from HCE bailiff last night - no prior warning

Post by Magicman » 10 Apr 2017 10:52

Pote Snitkin wrote:
10 Apr 2017 10:44
If the debt's solely in your name then no, they cannot.
Yes, debt is solely in my name.
Pote Snitkin wrote:
10 Apr 2017 10:45
Amy, can you change the title from 'Q' on my post - my ratbag dog tried to post something.
Am I getting advice from your dog...? :lol:

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#8 Re: Visit from HCE bailiff last night - no prior warning

Post by Pote Snitkin » 10 Apr 2017 11:04

Magicman wrote:
10 Apr 2017 10:52
Am I getting advice from your dog...? :lol:
And he only needs paying in Scooby Snacks.
On 29/07/17, Compo said "If you are interested I actually typed the word label. My spell checker interpreted it as liable" Discuss.

Magicman
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#9 Re: Visit from HCE bailiff last night - no prior warning

Post by Magicman » 07 May 2017 10:40

A couple of days ago, bailiff returned and didn't even ring the doorbell. Just dropped a letter in our mailbox with this attachment...
Writ-blur.jpg
Would this be construed as a forged writ...?

Would it be worth filing a complaint to the police...?
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Magicman
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#10 Re: Visit from HCE bailiff last night - no prior warning

Post by Magicman » 07 May 2017 10:43

Also, we didn't get any prior notification that this was transferred to high court. Should we have...?

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Schedule 12
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#11 Re: Visit from HCE bailiff last night - no prior warning

Post by Schedule 12 » 07 May 2017 19:41

A High Court writ is on a court form 53.

The document you show is a pretty poor forgery. It's an offence under section 7 of the Fraud Act 2006 and can be reported to police. It's not even sealed.

If the police tell you the crime is a civil matter, contact me, we can do something about it.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

Magicman
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#12 Re: Visit from HCE bailiff last night - no prior warning

Post by Magicman » 07 May 2017 20:11

OK, thanks...

Would the complaint be against the Bailiff or the claimant or both?

Probably a stupid question, I assume just the Bailiff.

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#13 Re: Visit from HCE bailiff last night - no prior warning

Post by Schedule 12 » 07 May 2017 20:39

The person you believe that gave you the document.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

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