URGENT help please.High court enforcement

Retireby40

The reason though you have high court enforcement officers out now is because obviously over the past 4 years while the dispute has gone on it would seem you haven't tried to set up a payment plan.

Do you owe the money or at least some of it. What did the financial obudsman say? What was their decision.

If you owe the money and it has been clear that you have to pay the outstanding debt and you haven't gone about this then usually then will the enforcement officers come out.

You only have to watch channel 5 to see how they work and the people they arrive at usually owe the debt, know they owe the debt and hope they never have to pay it.

It's good that you have paid a substantial amount of it. However you will probably have to set up a significant monthly payment in order to pay the rest.

donna1301

The ombudsman hasn't give me a decision yet and have all the paperwork supporting my issue (which I shown copies to the officer). I told the enforcement officer this on Wednesday but told him I would be willing to set up a payment plan & make payments until the decision was made, he wasn't interested he just wanted all the money, I asked for a copy of the writ or any paper work supporting his actions but he didn't give me anything. I have in my eyes cooperated with him the best I can, I wasn't nasty or obstructive, got as much money as I could possibly get in a short space of time even emptying what I had in my purse so I could give him as much as possible, his attitude when he was here was alright to be fair, it was only when I rang him later to ask for a copy of the writ of control that he changed his attitude towards me.

WhenIam64

Do you owe the money or at least some of it.

It's been to court and there is a CCJ. OP has either not defended it or did not want to defend it.

OP does not appear to have addressed the issue there is a CCJ. It was then escalated to the High Court. The HC would have advised the OP. OP now claims not to have received paperwork from the HCEO.

So this is a 3rd stage issue which is with the court and the OP needs to deal with the court, and not the bailiff and not the FO. The guidance on what to do at this stage is set out in the National Debtline guidance which the OP can read and action.

It has to be done through the court either with N245 to suspend the warrant or....

https://www.gov.uk/government/publications/form-n245-application-for-suspension-of-a-warrant-and-or-variation-of-an-order

... an N244 (set aside) if the paperwork was served on an old address and the OP was unaware.

https://formfinder.hmctsformfinder.justice.gov.uk/n244-eng.pdf

molerat

OP is missing out a lot of information here. They must have a huge pile of paperwork and court documents issued between 2015 and the HCEO turning up on the doorstep. The insurance co should not really be chasing this if it is with the ombudsman. Are you sure this person is a HCEO or are they just a debt collector, the only reason for an enforcement officer not immediately producing the writ I can think of would be if they didn't actually have one !

donna1301

The only paperwork the enforcement officer left was a receipt that had Shergroup enforcement printed at the top, no address or phone number to contact them, the officer just wrote in pen his name, "Ben" & his mobile number at the bottom, the paper he left with a list of our goods on was just a piece of paper again with shergroup enforcement printed at the top (no address or office number). I have had no previous letters from this company or had any correspondence since August from the insurance company.

Retireby40

Sounds strange usually they would have full details like identification, some sort of writ etc.

While I commend you paying a large chunk of this it appears that you are only acting now because someone has been basically knocking your door down and threatening to take things.

You wonder why it has had to come to that rather than paying it like you said and awaiting the obudsmans decision.

However I suspect as you have already paid you know deep down that you owe the money or at least a significant amount of it.

If I knew 100% I didnt owe the money i wouldn't pay a penny. However this seems to have been going on for a while.

While you are awaiting decisions best to contact the group the man said he was from to see what is actually going on. Who they are representing and what the next steps are.

donna1301

If I had been asked or told to make any payments agreement I would have done so even though I don't agree with it just so it never came to this,,but I wasn't,,, in my opinion that officer was not leaving my house without some money or some goods, having never been in this position before I was put on the spot & terrified,,, I'm sat here on a Sunday waiting for him to come back & empty my house not being able to do anything or contact anyone until tomorrow morning as I have tried ringing but there is obviously no one there to talk to me on a Sunday.

Retireby40

Donna I can understand your in a difficult situation but this has gone on for 4 years. I think you have had plenty of time to sort this out or pay towards it even if you were disputing this.

You dont go from owning debt to a man coming banging your door down. That's usually the last option in regards to retrieving money owed.

Only you know the truth but tomorrow look. At 9am call the relevant people. If someone comes dont answer. Yes its embarrassing to have someone banging your door but dont let them in. Dont even open the door. If it's the same person ring them and explain you have nothing you wont be opening the door, you handed over 5k the other day and you are making arrangements and contacting relevant avenues.

sourcrates

To be honest I think his threat of a return visit today was just that, a threat, they like to turn up the heat on you as much as posible so as to obtain as much cash as possible, that is all they want, full payment.

If you had had time to do some reseach before he called the other day, you would have found that bailiffs are actually very easy to stop in their tracks, you simply lock your door, they cannot force entry for this kind of debt, also, once he was in, you unfortunatly danced to his tune, he cannot physically make you find the money, if you had point blank refused, he would have left, eventually, and if you had no goods to seize, that would have been that for the time being.

Once a CCJ has been granted, it costs £60 to upgrade to High court enforcement which can be done the same day, so it can go from first responce to last resort extreamly quickly.

molerat

As I said earlier, there would have been an awful lot of paperwork between 2015 and now, probably hundreds of sheets of paper. Debt letters, pre action protocol letters, court claim pack, notification of hearing letters, CCJ notifications - what has happened to all of this ?