Writ of Control - enforcement?

[Blossomandebony]

Hi,

 

Over the last few months I have received a CCJ,

then a notice of enforcement

now an e mail threatening that a HCE are going to enforce a Writ of Control.

 

I do not have a car or any belongings that are valuable.

I know not to allow entry to bailiffs.

 

I am just wondering how long the HCEs will keep trying to obtain the money which I just do not have???

 

Also, might they try to escalate the matter to making me bankrupt?

If so, do they have to serve a writ by hand?

 

I will be moving soon so this may alleviate some of the pressure!

 

Lots of questions I know - and any advice would be most appreciated, thanks!:

 

BAE

[HCEOs]

An HCEO will usually make around 3 visits but this will likely increase if they believe there is an opportunity to recover payment.

 

Bankruptcy is not a factor in HCEO work

although some of their clients may pursue this route.

 

 

It is not widely used as the costs can be significant and the claimant will still not get their money.

 

My honest opinion is that it is better to advise the HCEO by email that you have no means to pay and no assets.

 

If you move they'll usually just wait a few months and trace you again. It usually takes 3 months or so for people to pop up the radar and the writ will still be valid.

[dx100uk]

what was the CCJ all about

did you not contest it?

 

 

dx

[Blossomandebony]

Thank you DX100 and HCEOs:-)

 

HCEO - do you think they will accept and believe an e mail stating I have no assets? Won't they want to visit and see proof?

 

I have now moved and it could be that they have visited my last address, I have no way of knowing.

 

Will the company who obtained the CCJ just leave it with the HCE for a few months or might they call a halt sooner?

 

Will the creditor have paid a large amount to the HCE already or is the fee mostly obtained from the debtor?

 

I'm hoping that the claimant will call a halt to the enforcement but I have no way to read their minds!!!

 

How long will the writ stay valid for? How long will the HCE usually give it before they 'give up'?

 

DX100 - yes I did contest the CCJ but failed.

Then I asked for instalment order and was again unsuccessful

- it only had the effect of adding costs to my debt!!

 

I don't really want to say too much about the CCJ as the claimant may be watching this

- but I certainly am stuck with the CCJ, of that there is no doubt.

 

Thanks for the advice, much appreciated

 

BAE

[dx100uk]

HCE will be £60 I think

 

 

please don't play secret squirrel

whats the debt about .

 

 

it doesn't matter if they read threads

[Bailiff Advice]

 

HCEO - do you think they will accept and believe an e mail stating I have no assets? Won't they want to visit and see proof?

 

I have now moved and it could be that they have visited my last address, I have no way of knowing.

 

Will the company who obtained the CCJ just leave it with the HCE for a few months or might they call a halt sooner?

 

Will the creditor have paid a large amount to the HCE already or is the fee mostly obtained from the debtor?

 

I'm hoping that the claimant will call a halt to the enforcement but I have no way to read their minds!!!

 

How long will the writ stay valid for? How long will the HCE usually give it before they 'give up'?

 

DX100 - yes I did contest the CCJ but failed. Then I asked for instalment order and was again unsuccessful - it only had the effect of adding costs to my debt!!

 

BAE

 

Question 1:

 

No, the enforcement company will not believe an email claiming that that you have no goods. The reason for this, is because the Writ of Control is addressed directly to the High Court Enforcement Agent, and he has personal responsibility for the enforcement. Accordingly, (and as outlined under item 7.3 of the Explanatory Memorandum (link below) supporting the Taking Control of Goods Regulations 2014,) the enforcement agent is obliged to visit the debtor in every High Court case.

 

http://www.legislation.gov.uk/uksi/2014/1/pdfs/uksiem_20140001_en.pdf

 

Question 2:

 

The Writ of Control is valid for 12 months. It is very unusual indeed for a creditor to instruct a High Court Enforcement Agent to halt enforcement.

 

Question 3:

 

The creditor would have paid a very modest fee (under £100) to transfer the CCJ up to the High Court. The enforcement agent's fees are obtained from the debtor.

 

PS:

 

You mention above that you applied to the court for an instalment order (presumably by way of an N245) but that this failed. Why was the application unsuccessful?

[Peterbard]

A minor point but I believe the creditor has to pay the HCEO compliance fee, should the enforcement fail and the writ be returned

[Blossomandebony]

Hi

 

Thanks for all the advice - very useful.

 

 

It looks like I'll be chased for 12 months at least, for this CCJ, so will have to live with it.

Whether the HCE will accept that I cannot pay and have no assets, we'll have to see.

 

Bailiff Advice - The variation order application failed because the claimant did not agree to it,

opposed it and convinced the judge it was too long a period for me to pay off the debt,

(I offered £20 on a £2000 debt).

 

Cheers anyway

 

BAE

[wonkeydonkey]

If you provided Income and Expenditure evidence to support £20 a month was the maximum amount affordable to you, it is most unusal for a Judge not to direct the claimant to accept that amount.

 

However that said, you can make the same offer direct to the HCEO

( along with supporting evidence the sum offered is the only amount affordable to you )

and they can then put this to the creditor and advise it should be accepted.

 

Sitting it out for 12 months is an option

but, you must take on board the writ can be renewed every twelve months,

enforcement can be continued and costs will continue to be added to the debt.

[Blossomandebony]

Thanks Wonkeydonkey.

[ploddertom]

A minor point but I believe the creditor has to pay the HCEO compliance fee, should the enforcement fail and the writ be returned

 

If the Writ cannot be enforced and is returned to the Claimant

then it is the Claimant that pays an abortive fee

- this is something that should be borne in mind when instructing HCEOs as the procedure is not without costs.

 

As HCEOs said in an earlier post

the attending Agent will only make a few visits and will not waste his time if he is getting no response or can find no goods of value to take control of.

 

He will have no alternative but to return the Writ in this case.

If this does happen then there is nothing to stop the Claimant instructing another HCEO to try.

 

There are also other enforcement procedures they can try

- Attachment of Earnings,

Charging Order,

Order for Questioning + others.

 

All have a cost which will be loaded to the debt owing.

 

Depends on how much the Claimant is determined he wants his cash or how much misery he wants to cause you

- however he has failed to think that just because he has a Judgment is no guarantee he will ever get paid.

 

Just remember that if the HCEO does attend and you meet with him

he will likely tell you the moon is made of cheese and you must follow & believe all he says

- as it is a residential premises then he has no automatic right of entry.

[Blossomandebony]

Thanks Ploddertom

[HCEOs]

Whilst the HCEO has a duty to attend and enforce by sending a letter

being open and honest about your financial and asset position will likely see this reported to the client

and it will almost certainly see the HCEO take less of an interest in your case

and move onto one where he'll get paid.

 

 

The key is being open and honest.

[Blossomandebony]

Thanks HCEO