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  • 'Can't pay, take it away' episode

    Hi guys

    I was watching an episode of Can't Pay, Take It Away the other day, and i noticed that the High Court Enforcement guys were on a job enforcing a writ where a lady had taken out a 4k loan?! I was under the impression that any debt under the consumer credit agreement could not be enforced through the high court? Has this changed? Are there exceptions?Although they didn't give much details about the loan on the show, it did ring alarm bells for me, as i thought 'sh*t,could the high court one day be knocking on my door, and taking my washing machine!' Could somebody please allay my fears...

    Cheers
    Brussel

  • #2
    Re: 'Can't pay, take it away' episode

    I haven't seen that show nor know the history of the case. CCA cases are dealt with in the county court, if you lose you have an order for payment and if you default on that and there is a property they can go for a charging order on the property. That is a very simplistic way of saying what happens. But if you follow all the guidance given on this site you should not reach that situation.
    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

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    • #3
      Re: 'Can't pay, take it away' episode

      Thanks No property for me, so I am ok for now

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      • #4
        Re: 'Can't pay, take it away' episode

        When someone wins a court case in the county court they can if they wish escalate it to the high court. That's where high court enforcement officers come in to it. Creditors can do the same thing. However you would need to have a ccj awarded first, and I suspect you would need to be very slow on acting to repay the ccj before they could escalate it to the high court. With all that being said it can happen but is very rare. I wouldn't let that show put you off. It's unlikely to happen to you.
        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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        • #5
          Re: 'Can't pay, take it away' episode

          Thanks SX Guy appreciate the response

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          • #6
            Re: 'Can't pay, take it away' episode

            I've watched the show and in one episode one of the enforcement officers said "it's a poker game" (when starting to list assets.) I just thought...yes it is...and one I've won!
            Let your smile change the world but don't let the world change your smile


            I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

            If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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            • #7
              Re: 'Can't pay, take it away' episode

              Originally posted by Pixie View Post
              I've watched the show and in one episode one of the enforcement officers said "it's a poker game" (when starting to list assets.) I just thought...yes it is...and one I've won!
              Some of their tactics are outrageous! The whole 'peaceful entry' thing is absurd! And the way they try and justify it all... Grrrrrrrrrrrr!!!

              Well done on winning your poker game Pixie

              Brussel

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              • #8
                Re: 'Can't pay, take it away' episode

                High Court bailiffs have the right to enter property. Peaceful entry can be an open window. Someone leaving a door open. Anything. They just can't break in. On the first visit anyway. Once entry has been gained. Unless its a possession order,they have the right to break in to gain entry. But remember, this is the high court. Not the County Court. Not the courts that most of us have to deal with at some point.
                I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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                • #9
                  Re: 'Can't pay, take it away' episode

                  Originally posted by SXGuy View Post
                  High Court bailiffs have the right to enter property. Peaceful entry can be an open window. Someone leaving a door open. Anything. They just can't break in. On the first visit anyway. Once entry has been gained. Unless its a possession order,they have the right to break in to gain entry. But remember, this is the high court. Not the County Court. Not the courts that most of us have to deal with at some point.
                  Yeah, I know they can do it, but i would say there is nothing 'peaceful' about two heavy-set blokes coming in through the backdoor yelling to alert their presence! But i get that they are allowed to do it Like you say, most of us won't have to deal with these guys anyhow...

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