{"id":5585,"date":"2019-06-19T20:21:31","date_gmt":"2019-06-19T20:21:31","guid":{"rendered":"https:\/\/www.riaabarkergillette.com\/uk\/?p=5585"},"modified":"2024-11-19T19:09:35","modified_gmt":"2024-11-19T19:09:35","slug":"what-can-debt-enforcement-companies-do","status":"publish","type":"post","link":"https:\/\/www.riaabarkergillette.com\/uk\/what-can-debt-enforcement-companies-do\/","title":{"rendered":"What can debt enforcement companies really do?"},"content":{"rendered":"\n

The image of burly men banging on the door and taking away all your worldly goods hasn\u2019t been helped over the years by the media\u2019s portrayal of debt collectors on TV. However, there are limits to what debt collectors and court enforcement officers can do. Knowing your rights is important, so if you\u2019re concerned about that \u2018knock at the door\u2019, here\u2019s a brief guide to dealing with the bailiffs.<\/p>\n\n\n\n

The difference between High Court Enforcement Officers, County Court Bailiffs and Debt Collection Agencies<\/h4>\n\n\n\n

The first thing is to understand that there\u2019s a big difference between debt collection agencies, \u201cDCA(s)\u201d, who are usually private firms and enforcement officers (known as either High Court Enforcement Officers or County Court Bailiffs). Regardless of who comes knocking, there must be a set chain of events before the \u2018bailiffs are called in\u2019.<\/p>\n\n\n\n

Initially, there should be plenty of contact between the creditor and the debtor, and the easiest way to avoid any type of debt collection situation is to keep the creditor fully appraised of your situation. If you are a creditor, you should first try to recover the debt \u2018in-house\u2019 or at least negotiate with the debtor to arrange manageable payment plans to pay off the debt. If that fails, then you can take things to the next level by bringing in a DCA.<\/p>\n\n\n\n

DCAs often work on a “no collection, no fee” basis and should go through a process of written contact and phone calls before moving on to personal visits. Bear in mind, though, that DCAs do not have any enforcement authority, so they can\u2019t enter a property to take control of goods in lieu of payment. They also cannot threaten, intimidate or lie to the debtor about what they can do, and debtors have every right to refuse entry to DCA agents.<\/p>\n\n\n\n

Going through the courts<\/h4>\n\n\n\n

If the use of in-house and DCA methods are still not garnering results for the creditor, then they can go through the courts. The most common route is to apply to the County Court<\/a> for a County Court Judgement (CCJ<\/a>). This gives the debtor a certain time to pay the outstanding debt, usually two weeks. If the debtor still either can\u2019t or won\u2019t pay, it can be elevated immediately, and the court can authorise enforcement.<\/p>\n\n\n\n

Who carries out an enforcement order?<\/h4>\n\n\n\n

Usually, a County Court Bailiff or a High Court Enforcement Officer executes the order. The debtor will be told of the decision to elevate the case to the court and that they have seven days to pay before officers arrive at their doorstep. Unlike DCA agents, court officers do have the right of entry and can seize goods to cover the cost of the debt if they are sure the assets belong to the debtor.<\/p>\n\n\n\n

Bear in mind that if you are visited by a court officer pursuing a debt, then you will have to pay the debt itself, but there will also be additional charges depending on the size of the debt and the actions that the officers take to recover it. The longer you \u2018string things out\u2019, the more you\u2019ll pay.<\/p>\n\n\n\n

I\u2019m a creditor. What\u2019s my best option?<\/h4>\n\n\n\n

The cheapest option is a no-collection-no-fee debt collection agency, but as their authority is limited, it may not produce the results you want.<\/p>\n\n\n\n

If the debt is substantial and you have demonstrated that you\u2019ve given the debtor plenty of opportunities to pay, then the best option is to go straight to the County Court and then elevate it to the High Court<\/a> to enforce payment. You will have to pay a fee, but the chances of getting at least some of your money back are higher.<\/p>\n\n\n\n

If you\u2019re worried about debt or are concerned that a debt owed to you hasn\u2019t been paid, speak to Daniel Downes<\/a> today.<\/h4>\n\n\n\n