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The HCEO Has Levied on Someone Else's Goods or Vehicle

This action is contrary to Paragraph 10 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007.

This letter revokes the levy, the fees and stops further enforcement.

Advisers say it must be a sworn statement to claim ownership of chattels, but for the avoidance of doubt, that advice is wrong because this letter is a notice served under Rule 2 of the Civil Procedure Rules Schedule 1, Rules of the Supreme Court Order No. 17 and this rule does not require it to be sworn.

Just hand it in a sealed plain envelope to the HCEO, and take his photo with your mobile while he is standing reading it as evidence of safe receipt.

Claim ownership of your goods using Rule 2 RSC Order 17:

Download Claim Chattels Form

There is no need to use this document if you don't know who owns a levied vehicle. The HCEO is responsible for making a DVLA check which he must pay for. You do not need to produce a V5C for vehicles you do not own.

The HCEO is well aware of this because of a Local Government Ombudsman's decision on 10 July 2012 in a report into complaint no 11 007 684 against Blaby District Council. In paragraph 8 of the introduction, it said it "considers it reasonable for the BAILIFF to check ownership with the DVLA".

If the HCEO is not aware of this then you might be dealing with someone who is not an authorised HCEO and you might need to refer the matter to the police as a report of an offence under Section 2 of the Fraud Act 2006. It is called fraud by false representation.

You can also anonymously report the fraud to Action Fraud online. These are investigated by the Serious Fraud Office who can investigate organised complex frauds. Police follow a list of criteria for deciding whether to investigate a fraud. You must learn the criteria and set out your complaint so it fits neatly into it. Otherwise police will summarily fob your complaint.