Debt Collectors came to house

carolineh3456

I Came home today to find a hand delivered letter from SSY Enforcement Ltd. They left a Formal Notice Letter and a list of Goods taken into control. It said in the letter they want full settlement of £451 by seven days or they will come back and cease the goods.
Have debt collectors got the power to do this even with a CCJ ?
Are Security Solutions Yes bailliffs or debt collectors and what powers do they have .
I appreciate any answers.
Thank you

thewhiteavenger

Debt Collectors can't but High Court Enforcement Officers acting under a Writ of Control can. The legal powers are dictated by what court paperwork they are working under.

As High Court Enforcement Officers (HCEOs), we can enforce a number of different types of writs. Judgments not awarded in the High Court need to transfer up and we will carry this out for you; all we ask is that you pay the court cost of £60. We offer High Court Enforcement under the authority of our Appointed High Court Enforcement Officer, Simon Williamson.

My first thought was that you have a ccj on a non-consumer credit act debt and someone has paid that £60 to transfer it up so that SSY can deal with it. But this has a minimum debt value of £600 and yours is £450.

Could this be for a criminal fine in the magistrates court? And not a ccj? You need to be clear where this is coming from.

And what goods have they taken into control if they didn't get into your house? I thought the days of bailiffs levying on plant pots and garden furniture had gone.

fermi

Without knowing what this is for and what action has already been take, as said it's almost impossible to say.

carolineh3456

It was the same company Security Solutions that the police called out to a property of mine which is derelict and boarded a window. The original cost was £120. It was in 2012 but because they didnt have my (owner of the property) home address i didnt receive any letters or even had any knowledge of this until june this year when they finally found my home address and served me with a CCJ but again I only knew this after the case was heard so I didnt have a chance to attend court. The garden furniture they recorderd is in the back and no access for public, they had to have looked over the gate to see what i have. I dont really know what to do now, although if i had known about this bill i would have settled it but now it has accumulated charges and interest. any advise is appreciated.

fatbelly

You need to take advice on this from someone who can look at the paperwork and knows what they are talking about. The following might be wrong if I have misunderstood anything. I wonder if your local Trading Standards would be up to the job.

It appears (from your 2 posts) that this organisation is both the creditor and also operates as HCEOs. Unfortunately (for them) they cannot act as HCEOs if there is not a High Court Writ, and a ccj of £120 cannot be escalated to them as it is below the threshold. They would have to use the County Court bailiff.

They appear to be misrepresenting their authority by saying that the goods are 'under control'. These are probably insufficient value anyway, and it is well established that a levy cannot take place merely because the goods can be seen (e.g. through a window).

As the ccj appears to have been obtained without you having a chance to defend you could use an N244 to get it set aside, and then pay off the original debt of £120. But the fee (if you can't get remission) is £155.

https://www.nationaldebtline.org/EW/factsheets/Pages/12%20EW%20County%20court%20-%20how%20to%20set%20aside%20a%20judgment/Default.aspx

Alternatively, suspend the warrant (if there is one) and vary the order (anyway) to pay in a few instalments using an N245 - fee £50

https://www.nationaldebtline.org/EW/factsheets/Pages/08%20EW%20County%20court%20-%20suspending%20a%20bailiff%27s%20warrant%20or%20reducing%20instalments%20on%20a%20county-court%20judgment/Default.aspx

Herbie21

Caroline,

I am very curious as to what debt this relates to given that the amount requested is too low to be enforced by a High Court Enforcement company.

Would you mind letting us know the precise name of the document that he left and details of any fees charged.

carolineh3456

I was issued with a ccj in august and it is too late to respond to it. Yesterday, Security Solutions Yes Enforcemnt Ltd left a letter titled 'Take Formal Notice' asking for payment in full within 7 days or they will come back and take the goods which they overlooked my high gate into the garden - also with the letter was left a 'Goods taken into control' list of items they saw in the garden.
I havent responded to the letter because i'm not sure of the powers they have and i need some advice first. the original bill was £171 but with charges and interest to date is now £461. Is there anything i can do in this matter as I had no knowledge at the time that the police asked them to come out to an empty property that i own to board up a smashed window, as i dont live there , i never received any of the numerous letters and reminders they say that they have sent. I would be prepared to pay the original amount now that i am aware of it but dont think its fair the way things have been done.
Oh also , when it came to light that i received the ccj claim form the date had already passed so it was too late for me to respond but just prior to that i sent them a letter ' 'cease & desist' expecting a response from them but it was totally ignored and i dont really know how much weight they carry. Any ADVICE IS APPRECIATED. Caroline