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

David Asker

12:13 PM, 18th January 2016, About 8 years ago

Reply to the comment left by "Gareth Wilson" at "18/01/2016 - 11:27":

Whilst I understand their caution in relation to an upcoming hearing as a writ has been issued the HCEO now has a lawful duty to the creditor to seize the goods of the judgment debtor.

There will be no need for the hearing if upon the seizure of goods the debtor finds the money to pay what is owed.

As you have already instructed an HCEO it would make sense to request that they attend the debtors address to take control of goods in your favour as soon as possible.

As stated, if there is no stay of execution then there is no reason not to enforce.

If they remain unhelpful we can of course take the matter on but it is likely that a new writ would have to be issued (£60) as other firms rarely provide the writ to the creditor.

Kind regards, David

Gareth Wilson

13:36 PM, 18th January 2016, About 8 years ago

Thankyou for your help David.

I have written to the HCEOs explaining the above points and requested they proceed with enforcement.

If they are uncooperative, I will get back in touch and seek to pursue this through the Sheriff's Office.

Gareth Wilson

18:04 PM, 19th January 2016, About 8 years ago

Reply to the comment left by "David Carter" at "18/01/2016 - 12:13":

Hi David,

I'm afraid that further to our messages two days ago (and my communication to the HCEOs Office immediately afterwards explaining their legal obligation) they have not been helpful at all. They basically just won't answer.

Having called a few times I have been repeatedly promised an e-mail reply. The latest I was told was that it would come this afternoon... and as expected that hasn't happened.

If by 10am tomorrow no answer is forthcoming, or the HCEOs again parrot the debtor's unchecked assertion that the Judgement has been set aside, I would like to take this claim over to the Sheriff's Office (and off forum) if that's alright with you.

Best Regards,

Gareth

David Asker

18:38 PM, 19th January 2016, About 8 years ago

I'm surprised at this as it would seem to me they are missing out on an opportunity to recover enforcement fees in the matter.

However, despite some fancy websites there a few new small HCEO companies in the market that lack coverage and coverage.

We would of course be happy to assist if they fail to deal with the issues you have raised.

Kind regards, David

Gareth Wilson

18:56 PM, 19th January 2016, About 8 years ago

Reply to the comment left by "David Carter" at "19/01/2016 - 18:38":

Hi David,

Do you have an e-mail address that I should direct the required details of my claim to in the event of bringing it over?

Also, I'm wondering if you will have some visibility of my doing this. The reason being that you understand the circumstances and complexities of this case arising from its various issued orders and setting aside of orders. I'm keen to avoid what's happened now (the debtor passing off one order as another) happening again.

Unless the current HCEOs tell me tomorrow morning that arrangements have already been made to recover the funds, I will change things over to the Sheriff's Office.

To be honest your speedy replies speak volumes relative to the existing outfit's own service, and even if I don't end up switching to you tomorrow, you will more than certainly be my first port of call should I require similar such services in future (likely given this field).

Best regards,

Gareth

David Asker

19:29 PM, 19th January 2016, About 8 years ago

Reply to the comment left by "Gareth Wilson" at "19/01/2016 - 18:56":

Hi Gareth,

If you send it on to me personally I will oversee the matter. My contact details are on my profile.

However, as stated unless the existing HCEO will give you the writ then we will need to apply for a new one. This will cost a further £60 for the court fee and will take a little bit of time as we are dependent on the speediness of the courts. We would estimate 2-3 weeks.

Given that you are advised that the defendant may be applying for a variation I am concerned that obtaining a new writ could overlap this.

This is why I suggested you try to get the current HCEO to adhere to your requests.

As I said, we are of course happy to assist but you must consider the above.

Kind regards, David

Gareth Wilson

19:39 PM, 20th January 2016, About 8 years ago

Hi David,

Thank you for all of your help. I called the HCEO office today, and was able to convince the person on the other end of the phone to print out all of the orders and judgments provided to them by myself, and to follow the quoted dates from document-to-document.

And it only went and bloody worked! They have now realised that the Judgement was never set aside in the first place and put the matter back on track.

However I think your input on this forum regarding the matter was crucial to this outcome.

FYI PROPERTY118 USERS: David Carter... remember the name for when you next need enforcement of a Judgement, and sitting in front of Google looking for the right organisation to do it!

Richard D.

15:22 PM, 27th January 2016, About 8 years ago

Reply to the comment left by "David Carter" at "08/07/2015 - 15:51":

I have had several debts recovered by the Sheriff's office that the County Court Bailiffs have ignored. If it is collectable they have collected it for me. I would always go straight to them after getting a judgement.

12:49 PM, 28th January 2016, About 8 years ago

I went to Sheriffs straight after applying for debtor to go to court to declare finances. Writ due to expire in 4 weeks. Part of debt has been paid but seems like HCEO just about given up and fallen for debtors story having no income and second debtor out of work since November. Facebook page appears to show otherwise and HCEO informed but don't appear to take this into account

David Asker

13:25 PM, 28th January 2016, About 8 years ago

Reply to the comment left by "Ann Large" at "28/01/2016 - 12:49":

Hi Ann,

It will likely come down to what assets of value the debtors have.

Unfortunately posts on Facebook rarely reflect a person's true financial position and often inflate it for their peers perception.

I am of course happy to look into the matter personally if you want to click on my profile and contact me.

Kind regards, David

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