Debt Enforcement

Can I stop the enforcement agent from acting to recover this debt?

If you or someone else intentionally obstructs someone lawfully acting as an enforcement agent, you or they may be guilty of an offence and be liable on summary conviction to imprisonment for up to 51 weeks or a fine up to level 4 (currently £2500) or both.

Can the law stop the enforcement agent acting?

The regulations were written by government to enable the enforcement agent to collect these debts that are due to our clients. The law is there to guide the enforcement agent as to how they should act, not to stop them acting.

Can I hide my goods from an enforcement agent or sell them to stop them being taken?

No. From the moment you are sent a Notice of Enforcement from our office your goods are “bound” in law. This means you cannot sell them or dispose of them.

Should the enforcement agents be knocking the door?

They are instructed to do so where appropriate but the law does not make it mandatory.

What goods can enforcement agents take?

The enforcement agent can take control of goods which you own or in which you have a beneficial interest.

What paperwork do enforcement agents have to leave?

Enforcement agents will leave different forms when they carry out certain actions. We are required by law to leave some of these forms, and other letters will be used to provide information to you where there is no set legal form.

Can enforcement agents force entry?

An enforcement agent can gain peaceful entry on an initial visit to take payment or complete a controlled goods agreement. If payment is not completed, or a controlled goods agreement is not completed, they can force entry to inspect or remove goods that are subject to a controlled goods agreement.

How will goods be sold?

Goods will usually be sold by public auction.

What can the end creditor do with a case if the enforcement agent sends it back to them uncollected?

If we are not going to take further enforcement agent action the end creditor has several options.

Are you legally allowed to take money from my wages?

Yes. Regulation 37 of the Council Tax (Administration and Enforcement) Regulations 1992, as amended, allows us to attach your earnings so that your employer has to take a payment from your wages each week or month and send it to us on behalf of the council. Some councils ask us to do this for them.

Can the enforcement agent take my goods if I won’t sign anything?

Yes. The regulations do not require your signature or co-operation for goods to be removed or sold.

What if I have received a visit regarding Sundry Debt?

Some visits are made by our agents called Credit Security Limited. If you have paperwork from them contact them at: Credit Security Limited The Old Court House High Street Whitchurch Buckinghamshire HP22 4JS Telephone: 0845 122 2975 www.creditsecurity.co.uk

What happens if I don't pay a sundry debt?

If you do not act straight away and still reside in England or Wales the next stage in the recovery process may also involve the instigation of County Court proceedings. If the Court grants a Judgement against you then there will be significant consequences.

How is my credit rating affected by enforcement action?

Your credit rating is not directly affected as a result of the action Bristow & Sutor may take against you or the data we hold. However, if you do not pay your debt, this may progress to further action which can affect your credit rating.
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