My rights regarding a High Court Enforcement regarding an unknown debt

MT1966

Can a High Court Enforcement (HCE) (basically debt collection agency) firm legally continue to pursue a debt that the debtor has no knowledge of ?

The unknown debt is also in dispute with the original creditor as we know who the firm is, so is the HCE breaking FCA rules ?
Additionally, the person in question, a relative of mine, has suffered from mental health issues for years and this has driven to the edge. I am acting on her behalf.
Also she has virtually no financial resources to pay the debt and two young children, one of whom suffers disabilities.
I submitted a report to Action Fraud and it appears she has been the victim of identity theft (have a crime reference as well).
Submitted this to the blood-sucking debt collectors and they didn't give a toss, just informed me the payment had to be paid in full by the deadline or they would send the bailiffs to her house. 
I continued to fight best I could, seeking advice from a multitude of organisations, too many to list, but in the end he mental health had declined so much that I ended up paying just to keep them off her back.
When I tried to pay over the phone I informed them that just because I was paying the debt, I was not accepting liabilty. I also stated that it was my opinion that I was also paying under duress. She then told me that she could not accept payment from me. She them went away and suddenly informed me that it was company policy they did not accept phone payments over the phone from 3rd parties. I ended up doing a bank transfer instead.
I have sought legal advice and it is now in their hands, but I would appreciate peoples opinions, or anyone with a similar experience, your actions and your outcomes on this.

Many thanks,

Forum newbie

MT1966

Just to add to my original post, this all relates to a car accident in 2018 and the subsequent injury claim for her son, 6 at the time, who was injured in the crash.

Gavin83

Just to be clear the high court enforcement is not just a debt collection agency. They have significantly more powers and they can’t just be ignored.

If you’re being contacted by the high court then it would have gone through several steps before reaching that point so I’m also not sure how the debtor is unaware of it. The dispute should have been raised at any one of these steps and once the high court have ruled then it needs to be paid. If it isn’t they will turn up and they will confiscate goods to settle the debt.

If there is a dispute then the debt needs to be paid and then the case needs to be referred back to the high court. If it is deemed the debt isn’t valid then they’ll refund any payments made.

MT1966

The 1st time my daughter became aware of the debt was when she received the Notice of enforcement 

user1977

MT1966 said:

Just to add to my original post, this all relates to a car accident in 2018 and the subsequent injury claim for her son, 6 at the time, who was injured in the crash.

What do you mean by "relates to it"? Who is the creditor?

born_again

MT1966 said:

Just to add to my original post, this all relates to a car accident in 2018 and the subsequent injury claim for her son, 6 at the time, who was injured in the crash.

So is this a insurance company wanting some or all of the pay out back, on the basis they think it's a fraudulent claim?

Potbellypig

MT1966 said:

Can a High Court Enforcement (HCE) (basically debt collection agency) firm legally continue to pursue a debt that the debtor has no knowledge of ?

The unknown debt is also in dispute with the original creditor as we know who the firm is, so is the HCE breaking FCA rules ?
Additionally, the person in question, a relative of mine, has suffered from mental health issues for years and this has driven to the edge. I am acting on her behalf.
Also she has virtually no financial resources to pay the debt and two young children, one of whom suffers disabilities.
I submitted a report to Action Fraud and it appears she has been the victim of identity theft (have a crime reference as well).
Submitted this to the blood-sucking debt collectors and they didn't give a toss, just informed me the payment had to be paid in full by the deadline or they would send the bailiffs to her house. 
I continued to fight best I could, seeking advice from a multitude of organisations, too many to list, but in the end he mental health had declined so much that I ended up paying just to keep them off her back.
When I tried to pay over the phone I informed them that just because I was paying the debt, I was not accepting liabilty. I also stated that it was my opinion that I was also paying under duress. She then told me that she could not accept payment from me. She them went away and suddenly informed me that it was company policy they did not accept phone payments over the phone from 3rd parties. I ended up doing a bank transfer instead.
I have sought legal advice and it is now in their hands, but I would appreciate peoples opinions, or anyone with a similar experience, your actions and your outcomes on this.

Many thanks,

Forum newbie

Watch a few episodes of Can't Pay We'll Take It Away.

Undervalued

MT1966 said:

The 1st time my daughter became aware of the debt was when she received the Notice of enforcement 

I am sure that is so in her case but you must understand that a lot of people will say that when it is not true and HCE must hear it nearly all the time!

p4dstar

born_again said:

MT1966 said:

Just to add to my original post, this all relates to a car accident in 2018 and the subsequent injury claim for her son, 6 at the time, who was injured in the crash.

So is this a insurance company wanting some or all of the pay out back, on the basis they think it's a fraudulent claim?

My assumption was the debtor opened a no win no fee case but subsequently pulled out. I believe the claimant then becomes liable for the solicitors fees? 

DullGreyGuy

MT1966 said:

Can a High Court Enforcement (HCE) (basically debt collection agency) firm legally continue to pursue a debt that the debtor has no knowledge of ?

Yes

If the debtor doesn't know what the debt is about then they had their opportunity to defend with the court cases. There will always be cases where someone claims they didn't receive the letters etc but oddly the proportion of undelivered court letters is about 10,000x the national average. 

HCEO simply follow the orders of the court. They are not the moral police, they aren't there to decide if the court has made the right decision or not. The High Court orders them to collect the debt and that's all they are instructed to do. If they do collect the debt the monies are held for 14 days to enable any counter action to be considered 

born_again

p4dstar said:

born_again said:

MT1966 said:

Just to add to my original post, this all relates to a car accident in 2018 and the subsequent injury claim for her son, 6 at the time, who was injured in the crash.

So is this a insurance company wanting some or all of the pay out back, on the basis they think it's a fraudulent claim?

My assumption was the debtor opened a no win no fee case but subsequently pulled out. I believe the claimant then becomes liable for the solicitors fees? 

Could be.
We will have to wait for OP to come back 👍