High Court Enforcement Officer

[S_A]

Hi,

i have received a letter from a High Court Enforcement Officer (Andrew Wilson and Co), asking for a payment of debt by 18th December. I have checked the ccj register and my credit file and have no records of CCJ. What should I do next? I can only afford to pay in monthly instalments, but I don’t want a CCJ against my name.

[ploddertom]

If you have already received a letter from the HCEO then you already will have a CCJ registered against you. It could be it is very new and has not filtered through the records yet. Or it could could be in a different name if you have got married/divorced or at an old address.

If you want to make an offer to pay in instalments to the HCEO then please be aware this will trigger a visit to you - cost £190 +VAT - as the Writ commands them to check to see if goods may be taken into control to satisfy the debt should you default on payments.

[S_A]

Can I pay a lump sum? 70% off the debt? Do you think the HCEO would accept this?

[S_A]

That’s all I can afford, I have no more than 70% off the debt. What should I do next? Should I call the HCEO?

[ploddertom]

The debt you have - it must be over £600 for HCEO to be involved - will now have added to it enforcement costs & the cost of obtaining the Writ. On top of this if you owe more than £1000 then they are allowed to charge a percentage - currently 7.5% - on the balance of what is owing on the 1st Enforcement Stage which triggers when you either fail to make contact by the date listed on their letter or if they make a visit because you want to enter into a payment plan.

They will not accept 70% of what is owing as full & final settlement. They more than likely would accept it as a part payment. The only way you can have the CCJ removed is if you pay the whole sum outstanding within 30 days of the CCJ being awarded. The only other way and this is providing you have grounds for doing so is to apply for Set Aside where if successful the CCJ can be removed. Have a read https://www.trustonline.org.uk/help-...-judgment-ccj/

[S_A]

I have spoken to the HCEO this morning, offering 70% of the payment owed. They said they will ask the CMC on Monday, and let me know what they decide

[S_A]

The HCEO contacted me today, and have asked the client about accepting 70%. They agreed and I’ve made a bank transfer into the HCEO’s account today as a final settlement.

[ploddertom]

Really pleased for you. Unusual for them to accept full & final though.

[S_A]

Thanks, I was a little worried. I have asked them to confirm receipt of the payment and close the file.

[ploddertom]

You will also need to confirm that the Judgment Claimant also accepts this as full & final payment.

[S_A]

Sorry, who is the judgement claimant?

[ploddertom]

Sorry, who is the judgement claimant?

Your original creditor

[S_A]

The HCEO did check with the Claims management company, before they agreed to take payment. The CMC are my original creditors.

[ploddertom]

Well that is who you need to confirm all is settled otherwise they may chase for the remaining 30%. The HCEO only takes instructions from them.