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Given the degree of misunderstanding about an N245 Application (together with inaccurate advice about enforcement of a writ of control by a High Court Enforcement Officer) a debtor is reporting online that her debt has increased by almost £1,000. Background: On 2nd December the debtor posted that she had received notification from a High Court Enforcement company that they were enforcing a CCJ. She made clear that she wanted to pay the debt within one month of the date of the judgment (17th November) so as to ensure that her credit rating was not affacted. On receipt of the Notice of Enforcement she contacted the enforcement company to advise that she could not pay immediately and wanted to make an arrangement to pay by the 17th December. As this was outside of the Compliance stage, the enforcement compoany correcrtly advised her that any arrangement would involve a personal visit by the Enforcement Officer and a Stage 1 fee of £190 plus vat would be chargeable. She was advised to file an N245. She was wrongly advised that enforcement would cease. ON 11th December she made a series of desperate posts as she was having trouble completing the N245 and was becoming very anxious as the matter had to be resolved within 6 days (by 17th December) otherwise a record of the judgment would appear on her credit file and remain there for a further six years. On the same day (11th December) she was advised to pay the judgment debt £890 (minus bailiff fees) online to the creditor. She did so. She also file the N245.....and paid a court fee of £50 Yesterday, she posted back in desperation. The enforcement officer has once again visited and the debt has substantially risen to £1,928 (Stage 1 and Stage 2 fees have been applied). The enforcement company stated that they had contacted the creditor a few days beforehand and that apparently, their records did not record her direct payment. This has now been amended. National Debt Line have advised her that the enforcement agent is indeed entitled to his fees. The court have not yet received a response from the creditor in relation to her N245 Application (which is about right given the Christmas period). She has now been told to file an N244 in the High Court. The McKenzie Friend has offered to refer her to his ‘solicitor’. She needs to pay another fee of £150 for this. This is in addition to the N244 fee of £155.
The Office of Fair Trading has published guidance on when and how it intends to use the power to suspend consumer credit licences. The Financial Services Act 2012 grants the OFT the power to stop the licensable activities of businesses with immediate effect. Following a consultation period with the industry and consumer groups, the OFT has confirmed the circumstances under which it will exercise this new power. Business found to have engaged in practices that cause, or have the potential to cause, physical, economic or other harm to consumers will be subject to immediate suspension. Link: http://www.mortgagestrategy.co.uk/latest-news/oft-publishes-guidance-on-power-to-suspend-credit-licences/1066589.article
But only until January http://www.bbc.co.uk/news/uk-politics-18588855