URGENT help please.High court enforcement

donna1301

I had a visit on Wednesday from a high court enforcement officer claiming a debt from my insurance company, I managed to beg & borrow over £5,000 & he left his name & mobile number for me to call him when I had the rest (another £9,000), after speaking with the CAB they advised I contact the creditor (insurance company) to explain this situaution, which I did and they sent me this yesterday
"Good afternoon,
Thank you for your email.
I have just spoken with our solicitors and have agreed for them to email the enforcement officer to place them on hold until we receive a copy of their visit report following their visit with you yesterday. The visit report will confirm the outcome of the visit and we can then consider further how to progress the case.
Regards, "
. However I have just got a text message from the enforcement officer saying "they will be back tomorrow & we have been warned" (8pm Saturday). Who, if anyone can I contact to help me on a Sunday?? I am worried sick

sourcrates

Hi,

Advice generally is to not allow them access, as they cannot force entry for most debts, only things like unpaid court fines, however once you allow them entry, that then permits them access at any time.

All you can do now is tell them there is no more money at present, and you cannot commit further until you hear back from the creditor.

They will try and escalate the matter to removal of goods, do you have any valuable assets ?

But they really don’t want to be taking away your second hand stuff, it’s a lot of hassle for them, and it’s often used as a threat, so you should stick to your guns, they wont stay there forever.

donna1301

I am so scared he will be here in the morning,, it was one guy on Wednesday & he came in & watched us get what we could together, he left & was ok with us but when I got my husband to phone him to ask for a copy of the writ (advised by the CAB) he turned nasty & said I'll come back now to carry on with the enforcement so this means he can now force entry. I have no one too help me on a Sunday even though the insurance company have said they will put it on hold until they receive his report, I know I wont sleep tonight but cant go anywhere at this time of night. To message us with this threat is awful

sourcrates

They won’t force entry, they can only use a locksmith as a last resort, I don’t really know what else to advise, if they won’t go after you tell him you have no more money, or you feel threatened, I would suggest calling the police, they should have shown you the writ, if they refuse, you can ask them to leave, but remember the bailiff has a legal right to be there, so police can only be used if they become unreasonable, or they do not give you a copy of the writ.

If you have a half dozen friends you can call on to “sit” in your doorway, that will dissuade them due to being outnumbered.

donna1301

Thank you so much for trying to help. We didn't receive a 7 day warning to say that they were coming in the first place or a copy of the writ of control so the CAB have said they shouldn't be able to come back in without permission. I have printed the email from the creditor which states they have instructed it to be put on hold until they have the report back so I'm hoping that will help. Thank you again.

WhenIam64

Usually a bailiff will attempt to come to some sort of payment agreement - unless a previous payment agreement has been broken,

If you haven't been offered one, you should contact the bailiff company and ask for an Income and Expenditure form so that you can make affordable repayments for the debt.

As regards the Insurance company calling off the bailiff, I am not too sure that is how it works.

Retireby40

How did the situation arise were you owned your insurance company 14k?

Has this debt been outstanding for long? Obviously you would have got warnings. Did you just ignore them?

As posters above said do not open your door if your have valuables in the house. If it's a normal house with little electrical equipment like tvs, laptops etc maybe if you let them in you can mediate and draw up some agreement.

DCFC79

donna1301 wrote: »

Thank you so much for trying to help. We didn't receive a 7 day warning to say that they were coming in the first place or a copy of the writ of control so the CAB have said they shouldn't be able to come back in without permission. I have printed the email from the creditor which states they have instructed it to be put on hold until they have the report back so I'm hoping that will help. Thank you again.

Don't believe you receive a warning, it would be counter productive to announce when they will visit, you could scarper. You may receive a letter about the next course of action, maybe watch cant pay we'll take it away on Channel 5.

Just make sure windows and doors are locked.

I take it you own the money. If you make a reasonable attempt to repay the debt the HCEO's wont take any goods.

donna1301

The case with the insurance company has been going on since 2015, I have been in constant contact with them and I issued a complaint with them disputing this which in August was passed to the financial ombudsman,, since August I have heard nothing until I got a call in work on Wednesday to come home as he was at my house (the high court officer), I asked him why we haven't been contacted or could we make a payment agreement, he said he couldn't do that, he followed my husband to his mothers to collect all she could get for us (just over £5,000, he left his name & mobile number to call him when we have the rest of the money or it would go back to court on Friday to go for repossession. I contacted the CAB soon as he left who told me to ring him up & ask for a copy of the writ of control & which court it would be heard in on Friday, when asked this he turned nasty saying I'll come back now & continue with the enforcement. Not heard from him until last night when he text messaged to say I'll be back tomorrow, you have been warned!!

WhenIam64

Don't believe you receive a warning, it would be counter productive to announce when they will visit, you could scarper.

This is incorrect. Bailiffs are required to follow the legislation which requires notice. Often people fail to open, or in some cases don't understand some of the letters sent.

The order which allows HCEOs to act is known as a ‘writ of control’. You will have no notice that your creditor has applied for a writ.

The HCEO should give you seven clear days' notice that they are due to visit you to take control of goods. This is sometimes known as the 'enforcement notice'. 'Clear days' do not include Sundays, Christmas Day or bank holidays.

When the writ of control is issued, HCEOs have a right to try to take control of your goods. This applies even if you move the goods or give them to someone else at any time, even if this is within the seven clear days' notice period.

More information on HCEO's (There are apparently on 40 of them in England and Wales according to a HoC report)

https://www.nationaldebtline.org/EW/factsheets/Pages/highcourtenforcement/highcourtbailiffs.aspx

So if you believe he has not been acting in the way laid out in the guide, then follow the guide. You can take this back to court. The Financial Ombudsman has no sway. It is the court that is in control now.

donna1301

100% have not received any notice from the enforcement officers that they would be coming and have not been offered a chance to make a payment arrangement, he wanted all the money, he watched us beg & borrow all we could & he clearly seen we didn't have a house of luxury by any means, he listed stuff like my sofa, t.v, wall mounted fire, electric mini heater, kettle, toaster, microwave, table & chairs & an old electric drill, lamp ornanment (believe me there wasn't much else for him to list), he left the list with me but it wasn't signed or anything, the only thing my husband signed was a receipt for the money, we were given no other paperwork off him.