High court writ recovery letter

sourcrates

To answer the question, yes, any unlocked door they can just walk in through, so watch out.

london1973

fatbelly said:

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/

Late back to this…this debt was sold, so originally a credit card debt only, then got the CCJ from the company which bought it…does that make it no longer a credit card debt and therefore enforceable by an HCEO?

sourcrates

london1973 said:

fatbelly said:

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/

Late back to this…this debt was sold, so originally a credit card debt only, then got the CCJ from the company which bought it…does that make it no longer a credit card debt and therefore enforceable by an HCEO?

No, try not to twist things to suit various scenarios, it is what it is, it`s status does not change depending on who buys it, or whether legal action is taken, if it was a credit card debt, then it remains a credit card debt.

london1973

sourcrates said:

london1973 said:

fatbelly said:

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/

Late back to this…this debt was sold, so originally a credit card debt only, then got the CCJ from the company which bought it…does that make it no longer a credit card debt and therefore enforceable by an HCEO?

No, try not to twist things to suit various scenarios, it is what it is, it`s status does not change depending on who buys it, or whether legal action is taken, if it was a credit card debt, then it remains a credit card debt.

i’m not trying to twist it, quite the opposite, i want it to be a credit card debt. I am being harassed by a High Court enforcement agent for a credit card debt that ended up as a CCJ. - however it may be that they are not able to enforce credit card debts? - i was asking whether it is still considered a CC debt given it was sold and ended up in court- if it is i may have a chance of getting him off my back

He is however deeply unpleasant so i highly doubt me telling him this is going to make any difference

sourcrates

Who obtained the CCJ against you, which company?

Trying to tell a HCEO they have no right to collect a CCA regulated debt may be akin to platting fog, but you should do so anyway, probably best in writing to their head office, and send a copy to the creditor also.

london1973

sourcrates said:

Who obtained the CCJ against you, which company?

Trying to tell a HCEO they have no right to collect a CCA regulated debt may be akin to platting fog, but you should do so anyway, probably best in writing to their head office, and send a copy to the creditor also.

the debt was sold to another company…Lovells or similar, sorry not with the paperwork atm..the obtained the CCJ- the initial debt was with Capital on Tap, a credit card firm
He’s threatening to come up tomorrow… so time is rather of the essence, typically he says he can do whatever he wants when he gets here

sourcrates

london1973 said:

sourcrates said:

Who obtained the CCJ against you, which company?

Trying to tell a HCEO they have no right to collect a CCA regulated debt may be akin to platting fog, but you should do so anyway, probably best in writing to their head office, and send a copy to the creditor also.

the debt was sold to another company…Lovells or similar, sorry not with the paperwork atm..the obtained the CCJ- the initial debt was with Capital on Tap, a credit card firm
He’s threatening to come up tomorrow… so time is rather of the essence, typically he says he can do whatever he wants when he gets here

No, he can`t, not unless its a fine or unpaid tax they are collecting, this is just another debt, he has no more rights than anyone else in this instance, except that he can enter through an unlocked door, as mentioned before.

Don`t listen to him, or engage with him, everything that comes out of his mouth will be geared to getting you to let him in, and get paid, keep him outside, there is nothing he can do, if he becomes aggressive or attempts to force entry, call for police attendance.

fatbelly

Well I hoped that HCEOs would be open about this but from looking at some of their websites, that was naive of me. They do not like the legislation and want it abolished.

Debt advice organisations like Stepchange an National Debtline state it, and some solicitors e.g.

https://www.whnsolicitors.co.uk/newsroom/news/how-to-recover-debt-through-bailiffs-and-enforcement-officers/

However, I did find an article complaining about it on the HCEOA site

https://www.hceoa.org.uk/news/187-judgment-enforcement-time-for-change

This clearly states that the relevant legislation is s8 1 a of the HCJO 1991

https://www.legislation.gov.uk/uksi/1991/724/article/8

london1973

fatbelly said:

Well I hoped that HCEOs would be open about this but from looking at some of their websites, that was naive of me. They do not like the legislation and want it abolished.

Debt advice organisations like Stepchange an National Debtline state it, and some solicitors e.g.

https://www.whnsolicitors.co.uk/newsroom/news/how-to-recover-debt-through-bailiffs-and-enforcement-officers/

However, I did find an article complaining about it on the HCEOA site

https://www.hceoa.org.uk/news/187-judgment-enforcement-time-for-change

This clearly states that the relevant legislation is s8 1 a of the HCJO 1991

https://www.legislation.gov.uk/uksi/1991/724/article/8

That’s really helpful thanks, worth asking though how to be sure these guys are HCEOS, is that simply by default? i mean could he just say he’s not he’s something else? 

sourcrates

They all carry ID and are required to identify themselves on demand.