High Court Enforcement threatening more costs and action after saying they had closed their file! 23 November 2022 at 3:38PM in Debt-free wannabe 3 replies 473 views

Brassneck28

In 2014 (over six years ago) I got a CCJ against me. I missed a payment and they instantly instructed HCE Group to serve a writ of control against me. They did so, but I did not grant them access, did not agree in writing to any payment plan, but did continue to pay the month CCJ direct to HCE. So as far as I am concerned they did not manage to execute the writ fully. Due to a change of banking, this payment stopped recently and HCE got in contact again after a couple of years of no correspondence. After a couple of email exchanges, they said they had closed their file. Now they are saying that they have been instructed to collect any outstanding monies due on their behalf. I asked for a statement, and they want to collect all their own fees as well. Currently I have refused. The question is, what position am I in? Can they continue to try to execute the writ? Shall I just pay the creditor directly? I’m thinking of asking a solicitor, but thought this forum might have some pointers that could start my investigation. I certainly don’t want them hitting my credit file again, or visiting my house again. Any advice or comments?

sourcrates

A writ of control is only valid for 12 months.

As your judgement is over 6 years old, they would need court permission to further enforce this debt now.

It is possible they may go back to court to seek that permission, whether it was granted or not would be at the court's discretion.

How much is still outstanding?

Brassneck28

They have replied as follows….

We write to advise that our Client may instruct ourselves to close or re-open our file at their own discretion.

Furthermore, the full outstanding balance as of today's date of £2676.47 remains payable inclusive of the additional costs incurred in line with the Taking Control of Goods (Fees) Regulations 2014. We would remind you that we are in possession of a High Court Writ of Control to pursue you for the outstanding balance owed to our Client,  or removal of assets to the same value.

With this in mind, should payment of the outstanding arrears of £5.00 be delayed further, enforcement action may continue against you without prior notice where additional costs may be incurred.

fatbelly

Sourcrates is correct. The writ has expired

The ccj is too old to be enforced without  specific permission of the court.

They have no right to force entry even on a valid writ

There are no additional valid costs available to them now unless goods are removed.

I'm not sure there's much point engaging with them - presumably they do know the law but are just using scare tactics.