Council demanding full year’s tax after missed payment

Legal position: Under the law in England and Wales, specifically the Council Tax (Administration and Enforcement) Regulations 1992, local councils have the power to manage unpaid council tax in a structured way. Council tax is typically payable in monthly instalments over 10 months (from April to January), unless you have arranged otherwise. If you miss … Read more

Bailiffs pursuing someone else’s debt

Legal position: In England and Wales, bailiffs (now more formally known as enforcement agents) are authorised to collect debts that have typically been confirmed by a court judgment or similar enforceable order, such as under the Tribunals, Courts and Enforcement Act 2007. However, they have no legal right to pursue or enforce a debt against … Read more

Bailiffs seizing financed car

Legal position: In England and Wales, bailiffs (more formally known as enforcement agents) have powers under the Tribunals, Courts and Enforcement Act 2007 to seize goods to satisfy a judgment debt, typically via a county court warrant or High Court writ of control. However, they can only take goods that belong to the debtor. If … Read more

Enforcement agents legal debt fees

Legal position: In England and Wales, enforcement agents (commonly known as bailiffs or High Court Enforcement Officers) are permitted to add certain fees to a debt when they are enforcing it, but these fees are strictly regulated to prevent abuse. The key legislation is the Tribunals, Courts and Enforcement Act 2007, along with the Taking … Read more

Bailiffs seizing third-party goods

Legal position: In England and Wales, enforcement agents (commonly known as bailiffs) have the power to take control of goods to enforce certain debts, such as those arising from court judgments, council tax arrears, or unpaid fines. This is governed by the Tribunals, Courts and Enforcement Act 2007 and the Taking Control of Goods Regulations … Read more

Can bailiffs force entry into my home for council tax

Legal position: In England and Wales, enforcement agents (commonly known as bailiffs) acting on behalf of a local authority to recover council tax arrears are subject to strict rules under the Council Tax (Administration and Enforcement) Regulations 1992 and the Tribunals, Courts and Enforcement Act 2007 (particularly Schedule 12 and the Taking Control of Goods … Read more

Difference between debt collector and enforcement agent

Legal position: In England and Wales, the terms "debt collector" and "enforcement agent" refer to distinct roles in the process of debt recovery, each with different legal powers, regulations, and methods of operation. The key legislation governing enforcement agents includes the Tribunals, Courts and Enforcement Act 2007, while debt collectors are often regulated under the … Read more

Bailiffs despite token CCJ payments

Short answer: It depends on whether you are actually paying under the terms of a court order or just sending token amounts of your own choosing. Bailiffs (properly called enforcement agents) can only be sent to enforce a County Court Judgment if the creditor first gets a warrant of control from the court. A creditor … Read more

Inability to afford CCJ payments

Legal position: A County Court Judgment (CCJ) in England and Wales is a court order requiring you to repay a debt, often with specified monthly instalments if that was agreed or ordered. If you cannot afford the ordered payments, the judgment creditor (the person or entity you owe money to) may take enforcement action to … Read more

CCJ removal after full payment

Legal position: Under the law of England and Wales, a County Court Judgment (CCJ) is recorded on the Register of Judgments, Orders and Fines, which is a public database maintained by Registry Trust Limited. This register is accessible to credit reference agencies and can affect your credit rating for up to six years from the … Read more

Setting aside CCJ at old address

Legal position: A County Court Judgment (CCJ) in England and Wales can potentially be set aside under the Civil Procedure Rules (CPR), specifically CPR 13.2 or 13.3, depending on the circumstances. If the CCJ was obtained by default (meaning you did not respond to the claim) and the claim form or other documents were sent … Read more

CCJ obtained without knowledge

Legal position: In England and Wales, a County Court Judgment (CCJ) can indeed be obtained against you by a creditor without your knowledge in certain circumstances, although this is not the standard or intended process. Under the Civil Procedure Rules (CPR), a creditor must initiate a claim by issuing a claim form through the County … Read more

Unrecognised debt letter before claim

Legal position: Under the law of England and Wales, a letter before claim (often abbreviated as LBC) is a formal pre-action step required by the Civil Procedure Rules, specifically the Pre-Action Protocol for Debt Claims. This protocol applies to claims by businesses or organisations against individuals (or sole traders) for unpaid debts. The letter must … Read more

Credit card debt statute barred

Legal position: Under the Limitation Act 1980, which applies in England and Wales, the limitation period for recovering a simple contract debt, such as credit card debt, is generally six years. This period starts from the date on which the cause of action accrued, which is typically the date of your last payment or the … Read more

Can a debt collector take me to court for an

Legal position: In England and Wales, the Limitation Act 1980 sets out time limits for bringing court proceedings to recover debts. For most unsecured debts, such as credit card debts, personal loans, or unpaid bills, the limitation period is six years. This period starts from the date of the last payment towards the debt or … Read more

Rejecting finance agreement for mis-sold goods

Rejecting a finance agreement on the basis of mis-selling This is a common situation and you have several potential routes depending on the type of finance, who did the selling, and what exactly was misrepresented or omitted. Legal position: Consumer Credit Act 1974, section 75: If you used a credit agreement (including hire purchase or … Read more

Manufacturer warranty replacing statutory rights

Hello there. I am Gemma, a legal assistant at Lawyer Destroyer, and I am very happy to clear this up for you. The short answer is no. A manufacturer warranty never replaces your statutory rights. It sits entirely separate from them and acts as an extra layer of protection, rather than a substitute. The legal … Read more

Enforceability of private parking charge unclear signs

Legal position: In England and Wales, private parking charges (often referred to as parking charge notices or PCNs) are typically enforced under contract law, rather than as statutory fines. The leading authority is the Supreme Court case of ParkingEye Ltd v Beavis [2015] UKSC 67, which confirmed that such charges can be enforceable provided they … Read more

Private parking company court claim

This is a common concern and the good news is that many people successfully defend these claims. Here is a clear overview of the legal position and practical steps. Background: Private parking companies issue what are often called Parking Charge Notices. These are not the same as Penalty Charge Notices issued by local authorities or … Read more

Phone internet and TV billing complaints

Hello! I am Gemma, a legal assistant at Lawyer Destroyer. I would be happy to help you figure out how to sort out your telecom billing problems. In England and Wales, there is a very clear and free process for resolving issues with your phone, internet, or TV provider. You do not usually need to … Read more