High court writ recovery letter

Not sure whether to add this to my existing thread or start a new one

in brief i have numerous credit card and loan debts which i am planning let default

I do have one CCJ for a relatively small amount that slipped through the net, (long and boring story)…i have a letter from High Court Writ Recovery..a Notice of Enforcement

this looks like something i can’t just ignore as in the credit card stuff, i.e they’ll send a baillif round at some point for sure, I’m fairly clear on my rights etc but its very disconcerting for my good lady, especially if i am out

do i have any options here in the context of my wider situation, can i negotiate?
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  • RAS
    RAS Posts: 32,436
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    This isn't something to ignore any longer. HCEO isn't in my area, but the fees can rack up horribly.

    Hopefully, @fatbelly or @sourcrates can help. Or know who can.

    Meantime, can you advise:

    If you cancel all your consumer credit DDs this month, what percentage of the debt would that cover?
    Do you pay CT over 12 or 10.months?


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  • DullGreyGuy
    DullGreyGuy Posts: 8,935
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    Just make sure you are clear on the rights of High Court Enforcement Officers, they have much more power than your County Court Bailiffs. 

    You can still negotiate but their fees are high so you don't want to be messing about trying to buy time etc else the bill will rapidly escalate. 
  • sourcrates
    sourcrates Posts: 28,493
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    edited 29 January at 5:52PM
    How much is a "relatively small amount"?

    Who is it owed to?

    Bailiffs can have various different titles,  but they all must follow the same rules, one has no more power than another, none of them can forcibly enter your home, unless they are chasing certain court fines, and only then as a last resort.

    They can`t push past you, or put there foot in your door, they can only enter peaceably through an unlocked door.

    Commercial premises they are allowed to force entry or enter.

    They can clamp your car, if its free of finance, or take assets from outside your home, a caravan, boat motorcycle etc.

    Best advice is not to let them in, so they can`t take your goods, that`s not what they want to do anyway, they want payment in full, and will try every available method in order to get you to do that, once you let them in, they can return at will, without your permission, so never let them inside your home.

    You can try speaking to the creditor, or see if the bailiffs office will accept a payment plan, but best not to deal direct with the bailiff themselves.

    You will be responsible for the fee`s they can charge, which are similar across the board.

    Check what fees bailiffs can charge - Citizens Advice
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  • fatbelly
    fatbelly Posts: 20,178
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    edited 29 January at 5:43PM
    HCEOs are just bailiffs with a fancy title. They have no greater rights and as I presume this isn't a criminal matter they have no right to force entry.

    What debt is it btw? They have no right to act on a consumer credit debt. Credit card for example

    The fees may be slightly higher but the principle is the same. One fee when they write, another when they attend. They will be looking for payment. If you can't pay it is best not to engage. The account goes back to the creditor.

    Bailiffs are a lot less effective than they claim, and than the tv series portray
  • london1973
    london1973 Posts: 441
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    How much is a "relatively small amount"?

    Who is it owed to?

    Bailiffs can have various different titles,  but they all must follow the same rules, one has no more power than another, none of them can forcibly enter your home, unless they are chasing certain court fines, and only then as a last resort.

    They can`t push past you, or put there foot in your door, they can only enter peaceably through an unlocked door.

    Commercial premises they are allowed to force entry or enter.

    They can clamp your car, if its free of finance, or take assets from outside your home, a caravan, boat motorcycle etc.

    Best advice is not to let them in, so they can`t take your goods, that`s not what they want to do anyway, they want payment in full, and will try every available method in order to get you to do that, once you let them in, they can return at will, without your permission, so never let them inside your home.

    You can try speaking to the creditor, or see if the bailiffs office will accept a payment plan, but best not to deal direct with the bailiff themselves.

    You will be responsible for the fee`s they can charge, which are similar across the board.

    Check what fees bailiffs can charge - Citizens Advice
    its about a grand and its to a law firm acting on behalf of a company credit card which it turns out i had given a personal guarantee for..
  • london1973
    london1973 Posts: 441
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    fatbelly said:
    HCEOs are just bailiffs with a fancy title. They have no greater rights and as I presume this isn't a criminal matter they have no right to force entry.

    What debt is it btw? They have no right to act on a consumer credit debt. Credit card for example

    The fees may be slightly higher but the principle is the same. One fee when they write, another when they attend. They will be looking for payment. If you can't pay it is best not to engage. The account goes back to the creditor.

    Bailiffs are a lot less effective than they claim, and than the tv series portray
    Thanks alot-see response to Sourcrates
  • london1973
    london1973 Posts: 441
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    How much is a "relatively small amount"?

    Who is it owed to?

    Bailiffs can have various different titles,  but they all must follow the same rules, one has no more power than another, none of them can forcibly enter your home, unless they are chasing certain court fines, and only then as a last resort.

    They can`t push past you, or put there foot in your door, they can only enter peaceably through an unlocked door.

    Commercial premises they are allowed to force entry or enter.

    They can clamp your car, if its free of finance, or take assets from outside your home, a caravan, boat motorcycle etc.

    Best advice is not to let them in, so they can`t take your goods, that`s not what they want to do anyway, they want payment in full, and will try every available method in order to get you to do that, once you let them in, they can return at will, without your permission, so never let them inside your home.

    You can try speaking to the creditor, or see if the bailiffs office will accept a payment plan, but best not to deal direct with the bailiff themselves.

    You will be responsible for the fee`s they can charge, which are similar across the board.

    Check what fees bailiffs can charge - Citizens Advice
    Sorry have responded but then re-read this below- does that mean they can happily walk through an unlocked door if you aren’t standing at it? We live remotely so very easy for anyone to walk round the house and come in through the back door, which is often unlocked because of the dog! - really getting into detail here, but can they do that or do they need to be invited, like vampires 

    They can`t push past you, or put there foot in your door, they can only enter peaceably through an unlocked door.
  • fatbelly
    fatbelly Posts: 20,178
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    That's an important detail.

    Like you I live in an area where people do not necessarily lock doors when they are in, particularly not back doors and when it's warm.

    A few years ago we had a female bailiff employed on council tax debts who would just walk in through the back door. The first people knew about it was a smartly dressed young woman appeared in their kitchen with a clipboard, listing their goods.

    At the CAB, I was getting lots of these cases and they were difficult to deal with because that is a very effective tactic.

    On a different issue, who exactly is the solicitor working for? I.e. who is the claimant?

    If the employer who suffered a loss, fair enough.

    If the credit card company direct then I would say that that is a Consumer Credit Act debt and if you go on to the HCEO's website they will say they cannot act on those debts.
  • london1973
    london1973 Posts: 441
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    fatbelly said:
    That's an important detail.

    Like you I live in an area where people do not necessarily lock doors when they are in, particularly not back doors and when it's warm.

    A few years ago we had a female bailiff employed on council tax debts who would just walk in through the back door. The first people knew about it was a smartly dressed young woman appeared in their kitchen with a clipboard, listing their goods.

    At the CAB, I was getting lots of these cases and they were difficult to deal with because that is a very effective tactic.

    On a different issue, who exactly is the solicitor working for? I.e. who is the claimant?

    If the employer who suffered a loss, fair enough.

    If the credit card company direct then I would say that that is a Consumer Credit Act debt and if you go on to the HCEO's website they will say they cannot act on those debts.
    The claimant is Capital on Tap… a company credit card company..i had a limit of 1000 which was maxed up to, i didn’t realise i had signed a personal guarantee all those years ago, then got the claim form last December at the same time i went into hospital, basically ignored it because assumed it was company, which i am winding down anyway…but they went after me too…do you think that’s consumer credit act debt?
  • fatbelly
    fatbelly Posts: 20,178
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    Well that's the question isn't it?

    I've spent 5 minutes on their website and all I can say is that it's indistinguishable from a CCA debt

    It's a very quick yes/no sort of question and I wonder if a CCA specialist solicitor might answer it. Someone like

    https://joannaconnollysolicitors.co.uk/about-us/
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