CCJ for Lloyds Overdraft

[povertypimp]

Just a general question i have a CCJ for an unpaid Lioyds planned overdraft £800

My question is if i default on paying the CCJ can it then be transferred by the creditor up to the High Court for enforcement?.

[Kati]

Re: CCJ for Lloyds Overdraft

It looks that way from what PayPlan are saying here (https://www.payplan.com/advice/law/c...rt-judgements/)

Once you default on a County Court Judgment, the creditor has access to more severe sanctions such as instructing bailiffs to remove goods from your home, contacting your employer to arrange for their debt to be paid direct from your wages (Attachment of Earnings), obtaining a Third Party Debt Order which freezes your bank account or attempting to petition for your bankruptcy

[povertypimp]

Re: CCJ for Lloyds Overdraft

Hi Kati so what is the difference between private bailiffs and High court enforcement officers? i thought High court enforcement officers couldn't enforce debt that are regulated by the consumer credit act?

Can high court enforcement officers get a locksmith to enter you house?

[josephbloggs]

Re: CCJ for Lloyds Overdraft

High court enforcement can enforce any County Court judgment over £600, provided it is not regulated under the Consumer Credit Act 1974 (these agreements can only be enforced in the County Court by their own bailiffs)
High court can only force entry to a domestic dwelling on matters relating to evictions or where a previous controlled goods agreement was made and payments not adhered to.

[Kati]

Re: CCJ for Lloyds Overdraft

Hi Kati so what is the difference between private bailiffs and High court enforcement officers? i thought High court enforcement officers couldn't enforce debt that are regulated by the consumer credit act?

you may be right there ... (http://www.hceoa.org.uk/faq/have-you...t-officer.html)

What judgments can the High Court Enforcement Officer execute?
The High Court Enforcement Officer can execute:

• any High Court Judgment or;
• any County Court Judgment where the amount to be enforced is £600 or more and the original claim did not arise from the Consumer Credit Agreement.
• any Employment Tribunal or ACAS Award

so would it have to be an ordinary bailiff if that's the case? :tinysmile_twink_t2:

[nemesis45]

Re: CCJ for Lloyds Overdraft

HCEO are granted far more powers by the High Court, a claimant pays a fee tor a High Court Writ this is available for debts regulate or not.
HCEO 's give no notice of when they are going to enforce the writ.

[povertypimp]

Re: CCJ for Lloyds Overdraft

Thanks for the help JB so am i right in thinking that for the overdraft the creditor would be more likely to get a private bailiff firm to enforce the debt rather than seek to transfer it to the high court?
As things like bank loans, credit cards, and overdrafts are regulated by the consumer credit act.

[josephbloggs]

Re: CCJ for Lloyds Overdraft

Thanks for the help JB so am i right in thinking that for the overdraft the creditor would be more likely to get a private bailiff firm to enforce the debt rather than seek to transfer it to the high court?
As things like bank loans, credit cards, and overdrafts are regulated by the consumer credit act.

in your scenario, the high court enforcement officers are the private firms.
this type of debt can only be enforced by the enforcement officers employed by the county court.
they are usually ok to deal with as they have no commision based financial incentive.
obviously the above only applies if you do default on payments.

[ploddertom]

Re: CCJ for Lloyds Overdraft

Overdrafts are not covered by Consumer Credit Agreement so HCEO would be able to enforce. But same as with any Bailiff if they cannot gain peaceful entry or otherwise take control of goods outside they are powerless.

[povertypimp]

Re: CCJ for Lloyds Overdraft

Overdrafts are not covered by Consumer Credit Agreement so HCEO would be able to enforce. But same as with any Bailiff if they cannot gain peaceful entry or otherwise take control of goods outside they are powerless.

Hi Ploddertom it says this on the step change website

http://www.stepchange.org/Debtinform...forcement.aspx

A debt can only be enforced in the High Court if:

• It's more than £600
• It's not regulated by the Consumer Credit Act. This means many debts like credit cards, loans or overdrafts can't be enforced in this way.