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high court writ

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Comments

  • kaya
    kaya Posts: 2,465 Forumite
    Part of the Furniture Combo Breaker
    If you are poor, disabled or pregnant it is against the bailiffs code of conduct to harass you, write to them explaining you are on benefits (poor) and have read their code of conduct, send a copy of your benefits entitlement letter or proof and inform them that any attempt to enforce this action will result in the immediate filing of a form four against them , a form four means that the bailiff will have his licence revoked and be unable to work until he has been before a judge and explained his actions, "They don't like it up em Mr Manwaring Sir" keep doors and windows locked and get a receipt to show the car isn't owned by you, the onus is on you to prove you don't own it not them and they know taking a car that they know doesn't belong to you for your debt is common theft and prosecutable by law
  • Herbie21
    Herbie21 Posts: 562 Forumite
    dmrjkr wrote: »
    Iv tried comming to an arangment to pay monthly but they wont budge

    The new regulations (that came into effect on 6th April) provide a separate scale of fees for debts enforced via a High Court Writ of Control but there is something very important to note about the enforcement and this is that unless full payment is made during the 'Compliance' stage (which is the period of time outlined on the Notice of Enforcement) or have requested to pay by instalments then in every case the Enforcement Agent is obliged to attend the premises personally on behalf of the creditor in order to ‘secure’ the debt.

    This attendance is charged at £190 plus 7.5% of the sums to be recovered over £1,000, plus VAT. For example, if the outstanding debt was £3,000, the 7.5% would only be charged on £2,000.

    During this visit there is no legal obligation on you to allow the enforcement officer into your home . Instead, a payment proposal can be made during the visit. Only ever agree a figure that you know you can afford.

    Given your circumstance have you made the Sheriffs Office aware of your personal circumstances and that you have no goods that can be taken etc?
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