Ccj Pre Enforcement Agent

[dizzydeedee]

I had a CCJ issued against me for an ASDA storecard I had. It was being paid to HOWARD COHEN SOLICITORS.

 

In December, I had a payment that was 3 days late, and for this they issued a pre enforcement officer. I did not know this until today. I ad a conversation with HOWARD COHEN regarding reducing payments, and they said they would but they had already sent a pre enforcement officer (who hasn't been yet)

 

They have told me that they cannot stop this action and Ihave to pay a £22 fee for his call out plus £100-00 which will then come off my debt. I simply do not have this sort of money. Plus, my arrears were only £24-30 which they have now seemed fit to add a further £24-30 for this month despite them agreeing a reduction in payment. Even so, it does not add up to the £100-00. They are saying I HAVE to pay this amount when the agent comes.

 

Is there anything that I can do? They said I should have received a letter to tell me about it but I didn't. I am in really bad health at the moment and all this stress is just getting too much.

 

If this pre enforcement agent arrives, is it possible to negotiate on the £100 payment he is trying to recover?

 

Please help urgently.

[Seminole]

As I understand it you have a CCJ against you for £X. The solcitors are trying to make you pay more than £X.

 

They cannot do this without taking the matter back to court. It's a [problem] and it's scandalous. Do not pay anything to this muppet if indeed they send him.

 

Are the payments you are making set by the court?

[dizzydeedee]

Hi,

 

I owe more than £100 in total but the pre-enforcement was actioned after the account going into arrears for 1 payment being late - amount of £24.30.

I have now been told that they will accept a reduced amount from me each month (£12.15) but the pre-enforcement officer will still be coming to my house due to the fact a payment was late.

 

They now say i am £48.60 in arrears(2 months payments).

 

I have asked if they can stop the pre-enforcement officer from coming round and offered to pay a fee of £24.30 (which i cant really afford) to bring the account out of arrears - the reply was it is too late now.

The pre-enforcement officer has been actioned because there is a CCJ on this account and they cant stop it - the £100 he will ask is the amount as set out by the law and he will charge an additional £22 for this visit) Total of £122 has to be paid.

 

Please Advise

 

Regards.

[dizzydeedee]

Hi,

 

When the Company was issuing the CCJ they phoned and stated if i pay the amount owed in full they would stop the CCJ proceedings.

 

I could'nt pay this so they asked what i could afford each month - we agreed on £24.30 - but they informed they would still be issuing a CCJ.

 

My circumstances have now changed i sent them a Financial Statement and offerred £12.15 which i have now been told has been accepted - but i must still deal with the Pre-enforcement officer before this can commence.

 

Please advise

 

Regards.

[Seminole]

As I said before, there is no legal basis for them making a charge over and above that in the court order. They cannot add amounts onto the debt just because they feel like it.

 

If this guy turns up you shouldn't give him the time of day let alone any money.

[InKogneeToh]

Hi

 

I think this OFT statement applies to your situation:

 

Debt Collection Charges

 

1.10 In the Office’s view, there is no legal basis for a creditor (or a debt collection agency acting on the

creditor’s behalf) to claim collection costs from a debtor in the absence of express contractual provision in the agreement between the debtor and the creditor. If there is no such provision, then collection charges cannot be demanded as a debt due under the agreement. If an agency claims an entitlement to recover charges pursuant to a separate agreement with the debtor, there must be a

binding contract to this effect, with legal consideration (ie benefit) provided to the debtor. A letter served on the debtor merely informing him that he is liable to pay certain charges is not in the Office’s view such an agreement, regardless of whether it is signed by the debtor.

 

1.11 The above applies to all credit agreements, whether regulated or not, although for regulated consumer

credit agreements there is an additional reason why costs might not be recoverable. The Consumer Credit (Agreements) Regulations 1983 require inclusion in the credit agreement of an indication of any charges payable on default. If this is not included, the agreement is not properly executed, and so will not be enforceable against the debtor without a court order.

 

1.12 It is the responsibility of creditors and debt collection agencies to ensure that they do not recover collection charges in the absence of an express contractual provision entitling them to do so. Furthermore, debtors should not be led or allowed to believe that they are legally liable to pay such charges where this is not the case. Failure to act in accordance with these principles is likely to be regarded by the Office as an unfair or improper business practice within section 25(2)(d) of the Consumer Credit Act and thus relevant to the issue of fitness to hold a consumer credit licence.

 

1.13 If there is any ambiguity in the debtor-creditor agreement as to whether it covers a particular charge, or

as to the permitted amount of the charge, the Office considers that this should be resolved in favour of the debtor as this is the approach likely to be adopted by a court in construing the agreement.

Furthermore, even if collection charges are provided for in the credit agreement, where charges are levied which are of an unreasonable amount and/or are disproportionate to the main debt, this too may be regarded by the Office as an unfair or improper business practice within section 25(2)(d) of the Consumer Credit Act. If firms are in any doubt they should consider taking legal advice.

 

Office of Fair Trading

Consumer Credit Policy Section

17 January 2000

[InKogneeToh]

Hi again

 

Another thought - have you actually seen a copy of the CCJ and were you sent court notice of the DCA's application for this?

 

Regards, Pam

[dizzydeedee]

RESOLVED EVERYONE - THANK YOU.

 

Phoned them again armed with the above info - paid the arrears and have set up the new agreed repayment amount.

 

No Pre-enforcement action will be taken.

 

Thank you all for your help and advice.

[InKogneeToh]

Well done!

 

Best wishes, Pam

[tevion]

RESOLVED EVERYONE - THANK YOU.

 

Phoned them again armed with the above info - paid the arrears and have set up the new agreed repayment amount.

 

No Pre-enforcement action will be taken.

 

Thank you all for your help and advice.

 

 

glad you got it sorted, but what is a pre enforcement officer. never heard of these. as far as i know ccjs are enforced through the court by varius means but i think they made the pre enforcement bit up to try and frieghten you.