marston Harrisons [martons] High Court Writ of Control for CCJ on Credit Union Loan.

[lemonox]

Hello,

 

So long story short

 

earlier this year I found myself unemployed and survived off credit.

I owe £26k to various companies.

 

I was advised a few months ago to declare bankrupt and am in the process of raising the funds (should have all paid by 13th Jan).

 

I had a CCJ awarded against me for ~6000 by a credit union.

This was a loan.

 

Monday I received a Notice of Enforcement from Harrison (Marston) stating that a High Court Writ of Control had been gained and I needed to pay by 23rd Dec.

 

I have been reading and would appreciate some advice.

I own nothing of value,

I sold most of it to feed the kids earlier this year.

 

My first question is can this be enforced by a HCEO?

I have read that they don't deal with debts regulated by the Consumer Credit Regulations 1974.

 

Second question is

if they can enforce it

what would be the best way to stall them until bankruptcy?

 

I was told that if I paid any debts off now then the court would reverse them as I cannot be preferential to paying a particular debt.

 

To complicate things further

my wife is currently in hospital so I am looking after 3 young kids whilst trying to sort this.

 

I understand that bankruptcy is where I need to be

but don't think I could deal with the stress of having bailiffs at the door!

 

Any help appreciated. Thanks

[dx100uk]

are you sure they ARE operating as HCEO and not just a court bailiff?

 

 

if they are then follow:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?467519-Writ-of-Control-enforcement&daysprune=-1

 

I also question your wisdom of going BK too.

esp on consumer debts like loans credit cards etc etc

 

 

dx

[lemonox]

Under enforcement details on the Notice of enforcement it states:

 

High Court Writ of Control based upon judgement obtained against you by [CREDITOR] on 03 June 2016 in the Royal Courts of Justice transferred to the High Court for enforcement under claim number [Claim #]

 

Happy to be corrected if i'm wrong

[dx100uk]

ok as link in post 2 then.

 

 

did you not defend the CCJ?

[lemonox]

Stuck my head in the sand to be honest.

 

 

I have just been looking and credit union loans may not come under consumer credit act which is worrying.

 

Thanks

[dx100uk]

opps not a wise thing to do

 

ok well you can deal with them as detailed in that link in post 2 then.

 

as for your other debts and your BK

 

I think it might be wise to start a new thread in

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?169-Formal-Solutions-Bankruptcy-Administration-Orders-Debt-Relief-Orders-and-IVAs

 

and list your other debts

 

i'm never happy with anyone going BK

esp if any of your debts are now owed to DCA's..

 

dx

[Bailiff Advice]

Hello,

 

I was advised a few months ago to declare bankrupt and am in the process of raising the funds (should have all paid by 13th Jan).

 

I had a CCJ awarded against me for ~6000 by a credit union.

This was a loan.

 

Monday I received a Notice of Enforcement from Harrison (Marston) stating that a High Court Writ of Control had been gained and I needed to pay by 23rd Dec.

 

To complicate things further my wife is currently in hospital so I am looking after 3 young kids whilst trying to sort this.

 

 

The debt can be enforced by Harrison's.

 

There is no right to force entry for these judgments (unlike with magistrate court fines). Given your financial circumstances, and the fact that you have 3 small children in the house it would not be wise to allow the enforcement agent into your home. If you have a car parked outside of your home then this is almost certainly at risk.

[HCEOs]

Just to add that the OP and BA are correct that Credit Union loans do not usually fall under the Consumer Credit Act so can be enforced by an HCEO.

[ploddertom]

There are a few scenarios in how to play this and I will agree that you should not allow him access to your home.

 

1 - you can ignore the Enforcement Agent by refusing to engage with him. After 3 or 4 visits he will return the Writ to the Claimant but they may decide to engage another company and it all starts again or they may choose another form of enforcement. Depends on whether you are prepared to put up with the constant visits and knocking at your door especially with having small children.

 

2 - if you want to pay at an affordable rate then apply for a Variation Order. In order to halt the Enforcement Agent you would also need to apply for a Stay of Execution against the Writ. I imagine because of your situation you would be exempt from paying the fees.

 

3 - if you are going to declare yourself bankrupt then make sure you declare this with all others but do not tell the Enforcement Agent.

[lemonox]

Thanks for the information everyone.

 

I think my best option is to just ignore them, keep the door locked and wait out to submit my banktuptcy. I have read that once this is done they cannot continue to enforce. Is this from application or on making of the order?

 

The TV etc all belong typical my wife. Apart from that it's kids toys and basics. Is a delivery invoice in my wife's name enough for her to prove ownership? Just planning ahead should they gain entry for any reason.

[ericsbrother]

proof of ownership by a spouse is a damned difficult thing as it can be considered to be a joint asset as ownership will hinge on where the money came from rather than just whose name is on the receipt.

 

 

However, if you own nothing else they are unlikely to seize it anyway as a secondhand telly isnt going to make a dent in a £6k debt so collection guidelines and doubt of ownership will tip the balance.

 

 

That is not to say that a bailiff wont tell you otherwise but think about it, thye arent going to even cover a fraction of their fee with the proceeds so the creditor will more than likely tell them to give up

[AndyOrch]

Which Credit Union Lemonox ?

 

https://www.fca.org.uk/firms/credit-unions/consumer-credit

 

Regards

 

Andy

[lemonox]

Thanks again guys.

 

I had someone knocking today just ignored it at turned the TV up.

Didn't leave anything but my neighbour asked who.

 

They said the court and they asked if it was indeed my address.

Since then the solicitors who are acting on behalf of the credit union have replied to an email I sent a few months back asking for a payment plan of £1 a week until my situation improves.

 

They declined my offer and said they are enforcing and if I do not cooperate with the enforcement team they will petition for bankruptcy.

 

Starting to sound like I'm going save £680 by keeping the door shut!

 

The loan predates the change Andy and would fall into the exceptions.

Thanks anyways.

[unclebulgaria67]

You might as well respond to the Solicitors inviting their clients to make you bankrupt, as you have other debts that you would wish to include.

[lemonox]

an update on what's happened.

 

Bailiff attended when I was in.

Checked their ID as they started reading that they were on instructions from with a writ etc.

 

 

Told her I was not interested in talking and shut the door.

She knocked for a good 30 minutes and even damaged my door.

Left her letter and drive off.

 

A few days later I got a letter (by email) claiming all the enforcement options they could use.

I replied back telling them they can send a representative all they like I will refuse to engage with them.

They sent a letter back saying the matter had been referred back to the solicitors and they have closed my case as I would not allow entry.

 

My issue now is are Harrisons still allowed to enforce the debt?

Would another notice of enforcement need to be sent?

 

 

I have saved the funds needed to go bankrupt but am hoping they petition for it so in no rush.

Just want to know where things stand whilst I wait for the solicitors reply.

[unclebulgaria67]

Whoever owns this debt is free to use another HCEO to try to enforce the debt.

 

In a situation where you do not own enough goods they could take to sell to cover the debt and you do not have earnings/savings to cover the debt, you are best to write to the Credit Union concerned explaining the position.

 

 

Say to them that if they want to go to the expense of making you bankrupt, it would actually be a relief as you are finding it difficult to raise the bankruptcy fees yourself.

 

They might decide not to bother chasing you further for a period of time and tell you that they have put it on hold.

[dx100uk]

10/10

lemonox

 

 

too many people think what they watch on tv applies to all debts HCEO chase - it DOESNT

[brassnecked]

If it is a private home and not a business address no automatic right of entry end of. Well done Lemonox

[Bailiff Advice]

 

A few days later I got a letter (by email) claiming all the enforcement options they could use.

I replied back telling them they can send a representative all they like I will refuse to engage with them.

They sent a letter back saying the matter had been referred back to the solicitors and they have closed my case as I would not allow entry.

 

My issue now is are Harrisons still allowed to enforce the debt? Would another notice of enforcement need to be sent?

 

There can be no mistaking Harrison's letter. It is advising you that the writ has been returned back to the claimants solicitors and that Harrison's have closed your case.

 

As Unclebulgaria has rightly stated, the claimant could use the services of another High Court Enforcement company. Whilst there is this option, it is highly unlikely for the claimant to use another company. My personal opinion is that it would be wise to take Unclebularia's advice and contact the Credit Union.