Hey!
Worried I'm at the start of a nightmare with DCBL.
I got a CCJ (default judgement) on July 10 after my response was late. To be fair, I do owe this debt.
I phoned the payment line (on the CCJ paperwork), which was an automated service, on the 3rd of August, keyed in the reference number, the amount was right and I just paid it off in full, and got a text message from DCBL complete with payment reference number. This was paid with a debit card, cleared funds etc. Should be end of story?
I got home this evening after 5 days away, to a hand delivered letter from DCBL. I don't know which day it was left, it isn't dated. It's a 'Notice after entry or taking control of goods (on a highway) and inventory of goods taken into control'. They have escalated this to high court for enforcement, and have visited whilst I've been away.
I called the mobile number for the EO (written on the letter), and said I paid on the 2nd of August, and gave him the payment ref number. The office was closed by this time, so he can't check with the office until tomorrow. Having been worried, I've been doing a fair bit of googling, and think a lot is wrong.
1) Let's start with the fact i actually paid them in full.
2) The EO said on the phone it went to high court on the 2nd (day I paid), if I'd have paid on the 3rd then the extra fees would still be due, but he'd have to check with the office - I might not owe anything else. But surely that doesn't satisfy the writ? If they incorrectly got it, then surely it needs nullifying in some way?
3) I paid within 28 days so I can have the CCJ taken off the record - will this balls that up too?
4) The numbers don't add up. 'Amount you owe' states £1328.34 - but under 'sum outstanding' the debt is listed as £1451.09 - where has an extra £122.75 come from?
5) Most of the notice of enforcement is missing. I have a single page, single sided, that states 'Continued over page' but nothing else is there.
6) I got no Notice of Enforcement (and no other post whilst I was away). Obviously I'd have contested this at the NoE stage if I'd have gotten one.
7) They have added Enforcement Stage 1 and 2 fees to the debt, despite no NoE, and only one visit, when I wasn't in.
8) The Gov website suggests checking the ID of any HCEO and then checking on the HCEOA website. The agent I spoke to, who visited, isn't a high court enforcement agent. He is however a registered county court bailiff (self employed)
9) The High Court Ref is blank
10) The judgement date for the high court is listed as the 30/7, the guy I called said it was the 2/8 (I didn't notice this or query when I spoke to him).
11) To clarify, they didn't enter my flat, it was locked. I'm on the 16th floor and there are no windows from the hall or in the door. How in all that is holy could they take control of goods or inventory anything when they can't see in, get in, haven't spoken to me and my car (on finance anyway) wasn't there?
HC Writ for fully paid CCJ
Re: HC Writ for fully paid CCJ
Do not telephone the bailiff or the bailiff company. They will mess you about.
If you can show the flow of money, you paid the debt to the creditor on a date before they issued the writ, then the writ is a "defective instrument".
If you show you paid the debt to the creditor after the writ was issued and before the bailiff attended, the only money owed is £75, unless the bailiff or the company cannot show evidence of keeping a record of the time the notice of enforcement was given. If the latter is true, then the money owed is NIL.
The £122.75 is the execution fee. You only owe it when the writ is executed - by bailiffs taking the money from the debtor or removing goods of the debtor and selling them to pay the debt - that is execution.
If the notice of enforcement is incomplete, then it's not a Notice of Enforcement
If you didn't get a Notice of Enforcement at all, then no fees are due from you. Regulation 3 of the Taking Control of Goods (Fees) Regulations 2014, and you can reclaim by a detailed assessment under CPR 84.16.
Bailiffs (Enforcement Agents) are not High Court Enforcement Officers (HCEOs). They are two unique positions. I accept bailiffs like to call themselves "officers" because it's more police-like, but statutorily, they are Enforcement AGENTS.
Section 63 of the Tribunals Courts and Enforcement Act 2007 prescribed an Enforcement Agent.
Regulation 6 of the High Court Enforcement Officers Regulations 2004 prescribes High Court Enforcement OFFICERS
If you can say the judgment DATE and the judgment AMOUNT. (NOT THE DATE OF THE WRIT) and say the amount demanded by the bailiff and the DATE that they demanded the sum as per their document. I'll make a fee assessment and see how much they overcharged you and give you the remedies available.
If you can show the flow of money, you paid the debt to the creditor on a date before they issued the writ, then the writ is a "defective instrument".
If you show you paid the debt to the creditor after the writ was issued and before the bailiff attended, the only money owed is £75, unless the bailiff or the company cannot show evidence of keeping a record of the time the notice of enforcement was given. If the latter is true, then the money owed is NIL.
The £122.75 is the execution fee. You only owe it when the writ is executed - by bailiffs taking the money from the debtor or removing goods of the debtor and selling them to pay the debt - that is execution.
If the notice of enforcement is incomplete, then it's not a Notice of Enforcement
If you didn't get a Notice of Enforcement at all, then no fees are due from you. Regulation 3 of the Taking Control of Goods (Fees) Regulations 2014, and you can reclaim by a detailed assessment under CPR 84.16.
Bailiffs (Enforcement Agents) are not High Court Enforcement Officers (HCEOs). They are two unique positions. I accept bailiffs like to call themselves "officers" because it's more police-like, but statutorily, they are Enforcement AGENTS.
Section 63 of the Tribunals Courts and Enforcement Act 2007 prescribed an Enforcement Agent.
Regulation 6 of the High Court Enforcement Officers Regulations 2004 prescribes High Court Enforcement OFFICERS
If you can say the judgment DATE and the judgment AMOUNT. (NOT THE DATE OF THE WRIT) and say the amount demanded by the bailiff and the DATE that they demanded the sum as per their document. I'll make a fee assessment and see how much they overcharged you and give you the remedies available.