I'm in a dispute with a creditor, it's gone back to court but he has still instructed a high court enforcement officer!?

[nikkikitch]

Hi there,

 

I was given a CCJ last year which I only found out about after applying for a credit. It was from a solicitor who ive had a long running battle with about his fees. I dont agree with what he has charged me, but have offered to pay what we agreed, just not the additional that he has charged without my consent!

 

Anyway, after going back and forth for some time, i applied to the court to have the CCJ set aside and we have a date for the end of the month.

 

In the meantime, the solicitor has harassed me every day saying my case is hopeless and to drop the case and has sent a High Court enforcement officer to my home who put a letter through the door.

 

I called the officer and told him the case had gone back to court and was in dispute and he said OK, that was around two weeks ago. The solicitor emailed me a few days ago and said he would be instructing him again and I've just had a man at my house banging on the doors, both front and back and also my windows! This is at 8.30pm and I'm a single female home alone!!!

 

I presume it must be the enforcement officer, I obviously did not open the door as I was quite scared. Whoever it was didn't put any paperwork through the letter box.

 

I just wanted to know what my rights are? Surely he cant do anything whilst the case is in dispute!?

 

Thank you

[i hate bailiffs]

Looks like the solicitor will be charged the fee of £60+ vat for each enforcement company that hands it back to them

 

There is no right of entry no entry by force

Keep property secure

The enforcement officer probably know they are wasting there time

Others will be along soon

[nikkikitch]

Thank you for your answer, they definitely can't force entry no?

 

This is harassment surely!?

[i hate bailiffs]

Thank you for your answer, they definitely can't force entry no?

 

This is harassment surely!?

 

For a CCJ to a residential address no entry to the house by force

 

They could force entry to outbuildings or a garage if it is not attached to your house

I would say it is harassment eventually they give up and move on to the next victim

[ploddertom]

You may have applied for Set Aside but this does not prevent the Enforcement Officer attending. Until the Set Aside is heard he has every right to attend to try to enforce, to stop him you would have to apply for a Stay of Execution.

 

If you are ofering to pay the solicitor then your Set Aside will fail as you are saying you accept you owe the sume demanded, may be what you should have applied for was for a Variation Order which if granted would allow you to pay a set sum each month.

[brassnecked]

Along with a Stay of Execution to hold back the HCEO and stop them calling and adding more fees.

[nikkikitch]

Hi

 

As above, i am disputing the amount owed and subsequent CCJ. I have not agreed to pay the solicitor the amount he has claimed for, I have agreed that i owe him a certain amount yes, but nowhere near what he claims.

 

I have also had late night texts off him, at 9pm, 11pm and early morning too!

[wonkeydonkey]

Write to him with your offer of full and final settlement, advise him you find his behavior unacceptable ie late night/early morning text and daily harassment and will be giving every consideration to a complaint to the SRA (solicitors regulation authority).