England and Wales FAQs

Creditor action FAQ's

England and Wales>Creditor action

You cannot stop your creditor contacting you, but if you are getting phone calls that are upsetting or distressing you can write to your creditor and ask them to remove your phone number from their records. You can also make a formal complaint to your creditor if you are getting an unreasonable amount of phone calls or the calls are at unreasonable times during the day or night.

England and Wales>Creditor action

If your creditor says they won’t accept your payment because it is not the amount they expect, you must still send them the amount you have offered. Sending the payment shows the creditor that you are serious about trying to resolve your debt situation. If you haven’t already, send your creditors a copy of your budget to show you cannot afford to pay them what they are asking for and a list of debts to show the extent of your debt. If you are having problems arranging payments to your creditors we will be able to help you. You can use our online service, CCCS Debt Remedy to get a personal recommendation for your debt problems, or call our Helpline on 0800 138 1111.

England and Wales>Creditor action

You have fourteen days to object if an attachment of earnings is set at an amount you cannot afford. You must write to the court with a copy of your budget explaining why you need the amount lowered. A hearing will be booked in your local court and the district judge will make a decision.

If more than fourteen days have passed, you must apply to the court to vary the order using form N244. You can collect form N244 from your local court or download one from HM Court Service. There is a court fee payable for this.

England and Wales>Creditor action

If a bailiff has already been in your property, they can use force to enter again at a later date.

They cannot force entry on their first visit, but they can enter through an unlocked door or window.

There are only two instances where bailiffs can enter forcibly on their first visit:

  • When a magistrate gives permission in cases where someone has avoided paying a criminal fine
  • When bailiffs are acting for HM Revenue & Customs collecting tax, VAT or national insurance debt
England and Wales>Creditor action

Yes. As of November 2009, there is court fee of £190 and a bankruptcy fee of £415 for a creditor to issue bankruptcy proceedings. There will also be costs to pay for serving the statutory demand in person.

England and Wales>Creditor action

If a creditor has a charging order they can apply to the courts for an order of sale. An order of sale gives the creditor the right to sell you house. However, this is extremely rare and is only ever used as a last resort. A lot of charging orders are granted in the courts but only a tiny portion result in an order for sale. If you can make at least some payment and you are not ignoring your creditors, it is very unlikely this will happen.

If a creditor does apply for an order for sale, contact us for advice as this is a complex legal area and we recommend you not to deal with it on your own

England and Wales>Creditor action

There are strict deadlines for the return of paperwork following county court action.

There will be an issue date shown on the claim form (N1) that is sent to you.

If the claim was issued from Northampton County Court Bulk Centre, the paperwork must be returned no more than nineteen days after the issue date.

For all other county courts, you have sixteen days from the issue date.

England and Wales>Creditor action

If you have received a county court judgment (CCJ) asking for the full payment to be made immediately or asking for a monthly instalment you cannot afford, you can request a more affordable monthly instalment is set. You should do this before any further enforcement action has been started.

You should collect form N245 from your local court or download one from HM Court Service. This form allows you to offer an instalment based on your ability to pay. There is a court fee payable to do this.

If you need any further advice on this, or any help with completing the N245 form and offering a realistic payment, please call us.

England and Wales>Creditor action

A county court judgment (CCJ) will appear on your credit file for six years and one month from the date of judgment.

Even if the debt has not been repaid, the record of the CCJ will be removed after this time.

While it appears on your credit file, the CCJ will be visible to any companies who credit-check you, and will make it more difficult to get credit.

England and Wales>Creditor action

The easiest way to check if you have a county court judgment (CCJ) is to contact the creditor and ask them.

If you have lost touch with the creditor or are unsure which creditor may have taken out a CCJ, you can request a copy of your credit file. This will show any judgments that were registered in the last six years. There is a charge of £2 to check your credit file. To check your credit file you should contact one of the credit reference agencies:

You can also check with the Registry Trust who store information about all judgments. This will cost £8.

Need Debt Advice?

CCCS Debt Remedy is FREE and confidential, online debt advice when you need it most.

CCCS Debt Remedy

Want Money Advice?

Essential info and advice about all aspects of money, tailored specifically to you.

CCCS Money Matters

© Consumer Credit Counselling Service 2009