Types of debt? Types of enforcement?

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bmwboy
Posts: 11
Joined: 29 Feb 2016 18:56

#1 Types of debt? Types of enforcement?

Post by bmwboy » 02 Jun 2016 01:24

Hi all,

I find all members on here extremely helpful and have a small success story with getting the council to take back my debt. I watch a programme on channel 5 called if you don't pay we will take it away, and these are high court officers.

Can anyone explain to me the types of debt that there are, as young adult and farther I'm doing everything I can to sort my financial circumstances out and love learing about my rights etc...

So my questions:
  • * What is a high Court enforcement officer?
    * Does the debtor have plenty of time to a range repayment with the court before enforcement officer stage?
    * Could you say get a high Court enforcement officers for say bank loan, mobile phone contract etc...?
Thanks to anyone who takes the time to reply to my questions!

:D

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jasonDWB
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#2 Re: Types of debt? Types of enforcement?

Post by jasonDWB » 02 Jun 2016 10:42

bmwboy wrote: So my questions:

* What is a high Court enforcement officer?
A person authorised by the Secretary of State under regulation 6 of the High Court Enforcement Officers Regulations 2004.

This is not the same as an "enforcement agent" prescribed under section 63-64 of the Tribunals Courts and Enforcement Act 2007.

bmwboy wrote: * Does the debtor have plenty of time to a range repayment with the court before enforcement officer stage?
It depends on the type of debt.

If its a High Court debt then the court can grant any length of time to repay the debt on application using a form N244 and an income./expenditure form N245 and laid before the court.

Council tax, its 90 days under contract used by local councils using a contract template supplied by the Local Government Association.

Court fines, under the terms of the Enforcement Services Contract, its 90 days, or can be extended to 180 days with permission of the fines officer. It can be extended to unlimited on application to the designated officer of the court under Section 165 of the Criminal Justice Act 2003.

There is no provision to extend a PCN to enable re-payments. These usually die after 12 months (time limit from the date on the Notice of Enforcement) if the debtor cannot be traced or vehicle is not found.

bmwboy wrote: * Could you say get a high Court enforcement officers for say bank loan, mobile phone contract etc...?


Thanks to anyone who takes the time to reply to my questions!
No.

HCEO's cannot recover any sum if the debt originated from a loan regulated by the Consumer Credit Act 1974.
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