Claiming to be an HCEO but not on the HCEO Assoc list of HCEOs

[pontiouspilot]

Hi Everyone

Lots of good advice around here, and lots of articles to read - big up to the peeps who started this place up!

Back in Dec of 2017, I placed my company into administration as the director, on the day the administrators were due to arrive I paid myself my usual salary - what I did not know at the time, was that this was against legislation and a "preferrential payment" in the eyes of the law.

Long story short, it ended up in court, CCJ against me as I had no defence, and ultimately the company recovering the money engaged DCBL who sent the matter to the High Court.

First so called HCEO turned up with no notice of enforcement, even though he was adamant it had been sent (but had no evidence of this). He went away after a lengthy discussion, and two weeks later, another inept, rude, intolerable cretin from DCBL turned up. Again, a discussion followed, he tried telling me several times that he was going to "call a lock smith" and "dont be surprised if a lock smith & removal van turns up" if I did not give him the money he was owed.

Eventually after a 2 hour stand-off, he was told to leave by his office - he did not tell me why, or when to expect another visit; I am only assuming that he is of the hope that I will give them a call and cave in to their bully boy tactics.

I am totally clear on everything contained on this site, but one thing does confuse me slightly, and that is the Directory of High Court Enforcement Officers at the HCEO Assoc website - both of the guys who I had turn up here did so brandishing a High Court Writ - telling me that they are High Court Enforcement Officers - however when I check out the HCEO Assoc website, neither of them appear on there - they do appear as certified bailiff's at the Justice Ministry website, but not anywhere else.

Which begs the question now - are ALL HCEO's on the HCEO Assoc directory, and if these two clowns are NOT on the HCEO Assoc website, are they indeed HCEO's and if not are they now guilty of a criminal offence by telling me that they are?

[zeke]

Hi Everyone

Lots of good advice around here, and lots of articles to read - big up to the peeps who started this place up!

I, with a group of volunteers, founded it because there was no free impartial bailiff advice available. Advice that was available originated from bailiff companies or censored at the behest of a bailiff company.

Back in Dec of 2017, I placed my company into administration as the director, on the day the administrators were due to arrive I paid myself my usual salary - what I did not know at the time, was that this was against legislation and a "preferrential payment" in the eyes of the law

Long story short, it ended up in court, CCJ against me as I had no defence, and ultimately the company recovering the money engaged DCBL who sent the matter to the High Court.

You have a defense because a preferential payment is just that. A preferential payment, which is not illegal by itself.

First so called HCEO turned up

Did the person identify himself as an HCEO, or an "officer" or as an enforcement agent?

HCEO's don't normally work in the field unless they have a certificate under section 63 of the Tribunals Courts and Enforcement Act, and the case has a high value and a good prospect of a successful recovery: http://nationalbailiffadvice.uk/Bailiff ... ficer.html

with no notice of enforcement,

DCBL never give a notice of enforcement. Enforcement fails and you have plenty of redresses provided you follow the correct procedure: http://nationalbailiffadvice.uk/Notice- ... ement.html

even though he was adamant it had been sent (but had no evidence of this). He went away after a lengthy discussion, and two weeks later, another inept, rude, intolerable cretin from DCBL turned up. Again, a discussion followed, he tried telling me several times that he was going to "call a lock smith" and "dont be surprised if a lock smith & removal van turns up" if I did not give him the money he was owed.

The law only provides for a locksmith to break open commercial premises, the execution of demised premises, squatters, or special power for HMRC: THis gives the definitive guide on the power of bailiffs and locksmiths in Schedule 12 enforcement: http://nationalbailiffadvice.uk/Locksmi ... Entry.html

If you capture a bailiff threatening a "locksmith" without lawful authority, then the bailiff attracts a criminal liability. Example: https://www.youtube.com/watch?v=sBRbXOoYpFM

Eventually after a 2 hour stand-off, he was told to leave by his office - he did not tell me why, or when to expect another visit; I am only assuming that he is of the hope that I will give them a call and cave in to their bully boy tactics.

Never communicate by telephone, unless you are recording the call. If communication is essential, then email is best because it leaves a fingerprint trail for up to six years following the date: This explains the best practice of communicating with a bailiff company. http://nationalbailiffadvice.uk/Communi ... liffs.html

I am totally clear on everything contained on this site, but one thing does confuse me slightly, and that is the Directory of High Court Enforcement Officers at the HCEO Assoc website

The association is an Ltd company and membership is not compulsory. DCBL do not subscribe to any professional body. Its owned by investors with a commercial agenda.

- both of the guys who I had turn up here did so brandishing a High Court Writ - telling me that they are High Court Enforcement Officers - however when I check out the HCEO Assoc website, neither of them appear on there - they do appear as certified bailiff's at the Justice Ministry website, but not anywhere else.

It looks like they presented themselves as Officers, rather than agents. They also present themselves in police-like attire. http://nationalbailiffadvice.uk/Police- ... gents.html

Which begs the question now - are ALL HCEO's on the HCEO Assoc directory, and if these two clowns are NOT on the HCEO Assoc website, are they indeed HCEO's and if not are they now guilty of a criminal offense by telling me that they are?

They have to work under the authority of an HCEIO, in this case, DCBL works exclusively under Claire Sandbrook, an authorized HCEO, who currently lives and works in Florida, so she cannot defend any claim brought against DCBL. Instead, DCBL instructs a solicitor, - and now an in-house one - to represent Claire Sandbrook, but it is not understood how the solicitor takes instructions to represent her.

[pontiouspilot]

Thanks for the reply Schedule 12.

Since this post I submitted an app for BR to the Insolvency People, and it has been approved, however I have since spoken to an IP who has said that I may be able to still enter an IVA with my creditors and have the BR annulled, he also advised that it may be worth fighting the CCJ for the preferential payment, but warned that it may cost money with legal advice etc.

In respect of DCB, their cretinous "Enforcement Officer" did indeed present himself as a "High Court Enforcement Officer" when asked if I could have his ID to take with me in to the house, he declined and said that he did not need to let me do that, and that presenting the ID was sufficient enough for me to know that he is "High Court Enforcement"; I guess the devil is in the detail, a play on words - yes he is "High Court Enforcement" - but not DCB's "actual" HCEO.

I have both the guy claiming to be an HCEO and his "Porter" on video stating that they are awaiting a call from their office to confirm whether or not, at the time they are allowed to force entry, the guy claiming to be the HCEO then goes on to state that he has had writs ammended before to allow forced entry, and that it would take only a short time to get the writ ammended to allow forced entry - again his wording is such that he is not directly saying he can force entry, but that he is asking advice of his office.