HCEO’s What has been your experience?

HCEO’s What has been your experience?

10:52 AM, 8th July 2015, About 9 years ago 141

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Last year I obtained a CCJ against a guarantor which I subsequently upgraded for enforcement by HCEO’s (High Court Enforcement Officers). I expected fairly swift and effective results but to date no payments have been received. HCEO's What has been your experience

The HCEO costs are now about double the original debt!!

I am VERY disappointed with the service I have received which is far different to that shown on the TV programs.

Have you had a similar experience ?

Is there a different, perhaps more effective, way to go about trying to get monies due from a debtor?

Thanks

Michael Thorogood


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Comments

Chris Byways

14:41 PM, 17th January 2016, About 8 years ago

Reply to the comment left by "David Carter" at "17/01/2016 - 12:09":

Yes David, I am quite certain it was TSO. It did not record, but it is online at
http://www.watchfree.to/tv-2a3694-Nightmare-Tenants-Slum-Landlords-tv-show-online-free-putlocker.html/season-1-episode-4

At 5.30 and 6.20 mins in, it looks like the TSO logo, and name, but can't be 100% viewing on iPad. Clearer when broadcast.

Romain Garcin

14:49 PM, 17th January 2016, About 8 years ago

Reply to the comment left by "Chris Byways" at "17/01/2016 - 11:01":

Hi Chris,

As landlord there is no problem with entering the property for inspecting it as long as written notice is provided at least 24 hours in advance.

The key is that if the tenant has not left then you cannot evict him yourself. And if he is at the property and does not want you in you should leave without attempting to force your way in or being involved in any kind of confrontation.

Chris Byways

14:58 PM, 17th January 2016, About 8 years ago

Reply to the comment left by "Romain Garcin" at "17/01/2016 - 14:49":

This gets close to, and could be claimed to be by these savvy renters a landlord eviction, when the owner turns up alone, after getting the Court order. Not trying to be pedantic, as it is far too heavily biased to the nightmare tenants.

That link to the prog I gave earlier seems plagued with dubious adverts, some asking for credit card without taking money - they claim. But it is viewable without risking that.

Another link is
http://watch-tv-series.xyz/link-3002186

However listening to the start again it does say the locksmith the "Lock Father", and enforcement officer arrive.

At 3.24 it Is DEFINITELY TSO

Chris Byways

15:44 PM, 17th January 2016, About 8 years ago

I see this is a repeat (as I expected), see http://www.property118.com/1-5-million-tune-into-nightmare-tenants-slum-landlords/76452/

When I said Lesley, that was the LL that was scammed by a tenant subletting, it was Helen from Bristol with the property in Hemel and rogue tenant Sophia second time round! Paul Shamplina was involved with two of the cases if not three.

Landlords Beware!

Gareth Wilson

16:53 PM, 17th January 2016, About 8 years ago

Reply to the comment left by "David Carter" at "09/07/2015 - 14:48":

Hi David,

Could I ask you a question relating to High Court Enforcement and the affect of applications with the County Court to Vary Judgements upon it?

My question concerns when a debtor has raised an application with a County Court to Vary a Judgement (to pay it in installments of £1 per month = 189yrs to pay a £2'275 debt), and the County Court grants permission for a hearing of this application, even though the claim has already been upgraded to the High Court and a High Court Writ of Control obtained.

Would the HCEOs need to wait until after the hearing in the County Court or can they proceed to use their existing High Court Writ to recover the debt?

In this instance the debtor has not applied for a Stay of Execution from the High Court.

In my case the HCEOs have stated that they need to wait until the outcome of the hearing in the County Court. However they have also said that the Judgement of the debtor needing to pay-up (as used by them to obtain the High Court Writ) has been set aside. This however is not true: the County Court order provided to them as evidence of this by the debtor was setting aside a different order concerning his payment in installments (he did this before and didn't show up to the hearings you see).

I am basically trying to work out if the HCEOs are waiting, as part of some legitimate procedural reason, for an application to Vary the Judgement at the County Court to be heard first, OR if they've been tricked by the debtor into thinking the source judgement produced from the main hearing of the claim has been set aside, and are waiting for that reason instead.

I have tried pursuing this with them directly, but my e-mail was not answered and the person over the phone seemed to be confused, just stating that THE judgement has been set aside without elaborating which one.

Best regards,

Gareth

David Asker

10:39 AM, 18th January 2016, About 8 years ago

Reply to the comment left by "Chris Byways" at "17/01/2016 - 14:58":

Thanks Chris.

You are right this was us. Our enforcement officer undertakes the repossession and we regularly use 'The Lockfather' as he is a former enforcement officer of ours and carries all the necessary equipment for gaining entry to all types of property.

David Asker

10:47 AM, 18th January 2016, About 8 years ago

Reply to the comment left by "Gareth Wilson" at "17/01/2016 - 16:53":

Hi Gareth,

The HCEOs do not have to wait for the application to be heard as only a "stay of execution" prevents enforcement action.

Having said that the debtor would likely obtain a stay of execution if they applied for one based on the upcoming hearing.

Given they are applying to vary the order and pay such a paltry amount do you think enforcement would be successful anyway?

As I have mentioned many times, the recovery of residential rent arrears is notoriously difficult, even for HCEOs, given the circumstances of how the debt has arisen.

That is not to say it's impossible but it will really come down to whether the debtor has any assets of value and whether they are able to source payment to prevent the removal and sale of those assets.

Kind regards, David

Ian Ringrose

11:17 AM, 18th January 2016, About 8 years ago

Reply to the comment left by "Jack Ass" at "06/08/2015 - 19:29":

-> “CCJ aren’t worth the paper they’re written on. Who’s going to follow it up? No point if tenant is broke which they all say they are!”

Yet they are, they stop the tenant passing a credit check that makes it a lot harder to them to do the same to the next landlord PROVIDED YOU REMEMBER TO REGISTER WITH THE COURT that the tenant has not paid what the judge ordered.

But also get the tenant registered on http://www.landlordreferencing.co.uk/ so we can stop taking each other bad tenants.

Ian Ringrose

11:26 AM, 18th January 2016, About 8 years ago

Read this thread, there seem to be two outcomes that landlords want.

a) “recover their money owed”
b) Make life hard/bad for people that own rent, even if they can’t recover the money, so that other tenants don’t see landlords as a soft touch.

For example, if it costs £100 to have the TV taken and sold, and it sells for £95 pounds, a lot of landlords will consider that is worthwhile an even pay for it to be repeated a few times a year. Yet it seems the law does not allow this.

Yet why don’t more landlords joint http://www.landlordreferencing.co.uk/ and let them have details of the problem tenant so no other landlord has to take them????? By the time there is a CCJ on the tenant’s credit file, they have already been housed by anther landlord; however landlordreferencing can be informed as soon as the tenant is behind on rent.

The week enforcement of count judgements for rent owned, is directly leading to fewer and fewer landlords willing to take on any tenants without a “home owning guarantor” or a good enough job to be covered by RGI. This is at a time where there a few options other than private landlords to house the most needy tenants.

Gareth Wilson

11:27 AM, 18th January 2016, About 8 years ago

Reply to the comment left by "David Carter" at "18/01/2016 - 10:47":

Hi David,

Thank you for your reply.

I do believe that the money is recoverable yes. Basically this chap is a tradesman with assets in the form of vehicles, and not a tenant, who was found to be in breach of contract at the County Court hearing last year.

Would you recommend I write to the HCEOs asking if they have a Stay of Execution, or that I forward my written correspondence with the HCEOs to a contact at the Sheriff's Office?

Would you say I am correct in saying that without a Stay of Execution only the setting aside of the Source Judgement with which the High Court Writ was contained is sufficient grounds to stop enforcement?

Once again, thank you for your reply.

Best regards,

Gareth

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