Can Debts Under the Consumer Credit Agreement Be Passed to Bailiffs?

Debts under the Consumer Credit Agreement may in some cases be passed onto bailiffs. Before we answer this question, here is a little background on Consumer Credit Agreements. 

An agreement regulated under the Consumer Credit Act 1974 (CCA) can only be enforced in the county court. This type of creditor can apply to the county court for a warrant of execution. In this case, a county court bailiff may call.

A High Court Enforcement Officer is someone who has been authorised by the Ministry of Justice to enforce High Court judgments. This Officer is acting under the instructions of the Court. If they have attended with a High Court writ to seize goods, then it implies that there has been some error or misunderstanding.

 

Can debts under the Consumer Credit Agreement be passed to bailiffs?

 

You may need to check the documents you have to establish whether this attendance and seizure notice is correct. If it is an order by the High Court or County Court and a regulated agreement under the CCA. If you need assistance with this then it may be worth visiting your local citizen’s advice bureau and ask if someone to have a look through the documents to see where this error has occurred.

This does not affect the debt itself and it will require payment. Your income and expenditure sheet is always the best method for you to establish the amount you can afford to pay. If you have been advised that you can afford to pay £250 a month, then starting to make payments to the creditor means the debt decreases. Waiting for confirmation that the offer has been accepted or declined does not alter the fact that you can only ever pay the amount that you can afford to pay.

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