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Debtor FAQs
Below are some of the commonly asked questions and answers which you may find useful. Additional information can be found on the website www.hceoa.org.uk
I have received a Notice of Enforcement, what should I do?
A Notice of Enforcement is the first stage of enforcing the Judgment debt against you, and is often referred to as the ‘Compliance Stage’.
It is important that you do not ignore this Notice and either make full payment as directed on the Notice or contact us immediately with a realistic offer of payment.
Unless full payment is made the matter will escalate to the ‘First Enforcement Stage’
What if I cannot afford to pay this debt in full?
Do not ignore the Notice of Enforcement as the debt will not go away without action from you.
We are here to explore all options available to you based on an assessment of your current circumstances.
Why do you charge interest?
All Judgment Debts attract interest as prescribed in Sect. 17 of the Judgments Act 1838, unless the Court Order specifically states otherwise. Interest is added to the debt on a daily basis but decreases as appropriate with each payment you make. The interest rate is currently set at 8% however the Court may vary this amount at the time of any Court Hearing. Interest is payable to the Claimant and is not added to our fees or costs. Simply put, the sooner you pay, the less interest you will pay. Occasionally, especially where the Judgment debt is very high, we can ask the Claimant on your behalf if they will either decrease or forgo the interest, and on occasion the Claimant will agree, but they are not obliged to do so.
What Should I do if I do not agree with the Fees charged?
Our fees, inclusive of VAT are added to the Judgment Debt, including the additional Court fees for obtaining the Writ against you. Our fees are preset by the Ministry of Justice and are set out in the ‘TCE Fees Regulations 2014’ and form part of the ‘Taking Control of Goods Act 2013.’ If you dispute the fees charged by the Enforcement Agent, then you can make an application to the Court for the fees to be determined. Details on how to make the Court application can be found under ‘CPR part 84.16’. However, we would always recommend you seek legal advice before making such application because if the Court decides the fees are correct you could be liable for additional costs awarded by the Court.