How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask F E Smith Your Own Question

F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 8976
Experience:  I have been practising for 30 years.
18203470
Type Your Law Question Here...
F E Smith is online now

I have a personal debt which is secured against my property,

Customer Question

I have a personal debt which is secured against my property, can a high court enforcement office take any of my pocessions
Submitted: 9 months ago.
Category: Law
Customer: replied 9 months ago.
I have received a Notice of enforcement regarding a debt which was from a personal guarantee from a failed business. The debt has been registered as a charge against my property and is therefore secured.It is my understanding that a secured debt cannot be attempted to be satisfied even in part by the seizure of goods…. is this correct?If it is correct what action should be taken to stop any attempt by enforcement offices. I also have a history of mental illness following the demise of that business
Expert:  F E Smith replied 9 months ago.

Under normal circumstances, once there is a charging order or a charge against the house, the lender loses the right to enforce by any other means except applying to court for an order for sale which may or may not succeed depending on the amount of the debt, the value of the house, and the mortgage outstanding..

Have the bailiffs called house?

Is the creditor threatening that action?

If we could have the background detail, that would be helpful.

F E Smith, Advocate
Category: Law
Satisfied Customers: 8976
Experience: I have been practising for 30 years.
F E Smith and other Law Specialists are ready to help you
Customer: replied 9 months ago.
I have received a Notice of enforcement regarding a debt which was from a personal guarantee from a failed business. The debt has been registered as a charge against my property and is therefore secured.It is my understanding that a secured debt cannot be attempted to be satisfied even in part by the seizure of goods…. is this correct?If it is correct what action should be taken to stop any attempt by enforcement offices. I also have a history of mental illness following the demise of that business.No enforcement officer has called as yet the notice requires response by the 26th. I have sent a recorded delivery letter advising that the debt is secured and that they have no right to call and advising them of my mental health history and advising them if they do call I will report them to the HCEOA (their governing body).I believe this has been instigated by the creditor
Customer: replied 9 months ago.
How long before my call ?
Expert:  F E Smith replied 9 months ago.

I had a client and hence I couldn’t get back to you immediately. If you want to make another request for a telephone call, I can call now if you still wish to speak.

They cannot take goods without a court order and they cannot get that court order if the debt is secured.

I’m assuming that this debt is not a personal guarantee in respect of rates or council tax or any other money owed to the local authority or the government and it is not in respect of any fine..

What you have done is exactly the right course of action.

Customer: replied 9 months ago.
Is there any other action I can take to ensure no visit is attempted ?As there was no call will I still be billed for the request ?Many thanks
Customer: replied 9 months ago.
In hindsight please call as I am not clear if this notice of enforcement is the court order as they quote a high court Reference number in their enforcement notice. I have not received any notice other than this from the High Court. I attach scan of notice.I have to leave shortly and not back until Monday but available on my mobile ***********
Expert:  F E Smith replied 9 months ago.

You need to resubmit the request and it will connect us.

Expert:  F E Smith replied 9 months ago.

What we have been discussing have been County Court claims, not High Court claims. It is still possible for the High Court Enforcement Officer to apply for a warrant of control even if there is a charging order as you will read here.

http://thesheriffsoffice.com/articles/charging_orders_and_writs_of_fi-fa

Customer: replied 9 months ago.
Did u get the second phone request
Customer: replied 9 months ago.
Trying to add request again
Customer: replied 9 months ago.
Call request option dissapeard
Customer: replied 9 months ago.
My screen says to expected a call so very confused
Expert:  F E Smith replied 9 months ago.

We have since spoken at length. Best wishes. FES

Customer: replied 9 months ago.
Morning I had to go to Scotland for work only back this am, will you be on line all morning as I could just do with some help in completing a Form. I have booked a hearing for tomorrow at 10.00am just getting prepared now so will be about an hour or somany Thanks
Russ
Expert:  F E Smith replied 9 months ago.

I am available this afternoon.

Customer: replied 9 months ago.
What time would be best, ***** ***** just had a visit from the enforcement office
Expert:  F E Smith replied 9 months ago.

Do you want me to call now? I have 10 minutes.

Customer: replied 9 months ago.
Great yes
Expert:  F E Smith replied 9 months ago.

We spoke

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions