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If a HIGH COURT ENFORCEMENT
OFFICER charged you "costs", you do not have to pay
them unless they have been allowed by a High Court
Master.
If a High Court Enforcement Officer Claims from
you any miscellaneous costs under rule 12 of
Schedule 3 of the High Court Enforcement Officers
Regulations 2004, the law requires him to make
an application to a Judge or High Court Master for
them to be allowed.
If no such Order exists and the High Court
Enforcement Officer tries to obtain money from you
then he commits an offence under Section 40(1)(d) of
the Administration
of Justice Act 1970 because he is falsely
representing to have costs order or other document
to have some official capacity when he knows it is
not.
Unless there is a cost order showing the amount of
costs you must pay there is no legislation
obligating you to pay them.
If a creditor unilaterally transfers your Judgment
debt up to the High Court without your knowledge
then he enters into a contract with a firm doing
the transfer and any fees raised from that contract
are the creditor's responsibility until he applies
for a costs order against you to pay them.
Without a costs order an HCEO can only lawfully
collect the judgment amount plus the statutory
fee.
If you have a costs order made against you then you
can ask to see it and you have a right to ask for
it to be set aside.
Confirmed by HM Government in the
House of Lords on 03 November 2009 and
Bernard Loynes v Beswicks Solicitors [2010] Queens
Bench Division. There is lots more
case law confirming unregulated fees must be
repaid and you have a right to sue the creditor for
the HCEO's malfeasance, Preston v Peeke [1895]
EB&E 336. |