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: 9353
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: 1 year ago.
Category: Law
Customer: replied 1 year 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 1 year 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 and 2 other Law Specialists are ready to help you
Customer: replied 1 year 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 1 year ago.
How long before my call ?
Expert:  F E Smith replied 1 year 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 1 year 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 1 year 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 1 year ago.

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

Expert:  F E Smith replied 1 year 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 1 year ago.
Did u get the second phone request
Customer: replied 1 year ago.
Trying to add request again
Customer: replied 1 year ago.
Call request option dissapeard
Customer: replied 1 year ago.
My screen says to expected a call so very confused
Expert:  F E Smith replied 1 year ago.

We have since spoken at length. Best wishes. FES

Customer: replied 1 year 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 1 year ago.

I am available this afternoon.

Customer: replied 1 year ago.
What time would be best, ***** ***** just had a visit from the enforcement office
Expert:  F E Smith replied 1 year ago.

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

Customer: replied 1 year ago.
Great yes
Expert:  F E Smith replied 1 year ago.

We spoke