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can a debt under the consumer credit agreement be passed to high court enforcement officer

5 years ago - Posted by

I have an old debt of £4000 with a CCJ the creditor has now passed this to a high court enforcement officer at marstons the debt was with a county council for their “Assisted Car Purchase Scheme” which was a consumer credit agreement, can the HCEO take this over as i wasnt sure they could if its CCA? they have put a seizure notice on my car and i contacted them they demanded £500 immediately which i had to borrow to pay them and then £250 per month which i agreed to then i received a letter saying that their client wants and income and expenditure form completing which i sent them and did it by special guaranteed delivery i havent heard back yet to see if the creditor has agreed to the £250 per month but i’m worried that if they dont agree do Marstons have to write to inform me first that its been declined or can they just seize my car without further communication? they did say in their earlier letter that they would write to confirm if the proposal had been accepted or not.

1 Answer

TAD Member

5 years ago

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 and 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 and 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.

You may need to check the documents you have to establish whether this attendance and seizure notice correct, if it is an order by High Court or County Court, if it was a regulated agreement under the CCA. If you need assistance with this then it may be worth visiting your local citizens 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 fact that the debt itself still exists and will require a payment, your income and expenditure sheet is always the best method for you to establish the amount you can actually afford to pay. If you have advised that you can afford to pay £250 a month, and this amount is realistic, 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.

This question was answered by Debt Advice Foundation, an independent UK debt advice charity. If you need further help, Debt Advice Foundation provides a free, confidential helpline and can advise you. Click here to find out more.

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