Debt Consolidation Loans

  • ☰ HOME
  • ☊ APPLY ONLINE NOW
  • ? DEBT FAQs
  • ✍ OTHER SOLUTIONS
    • IVA Individual Voluntary Arrangements
    • Debt Relief Order DROs
    • Debt Arrangement Schemes
    • Scottish Trust Deeds
    • Bankruptcy
    • Business Debt Consolidation
  • ✔ ABOUT US
  • ☎ CONTACT US

Can A Debt Collection Agency Take Me To Court?



A collection agency is a company that tries to recoup debt payments owed by individuals or businesses. Most of these firms operate as creditor agents, charging creditors a fee or a percentage of debt. The Office of Fair Trading (OFT) handles the licensing and regulation of debt collection agencies operating in the UK.

This not-for-profit governmental department was created by the Fair Trading Act 1973.

The OFT establishes guidelines for debt collection agency operation and provides examples of practices deemed unfair. Though these guidelines are not considered law, they summarize and interpret legal areas. Agency compliance is used to determine qualification for a credit license.

Unfair practices include harassment, false claims of acting within an official capacity, and claiming that property could be seized.

Though UK debt collection agencies are known for unauthorized behavior, what are they entitled to do? Without a court order, absolutely nothing. Neither a collection agency nor a debt collector is considered a court-appointed bailiff. A debt collection agency may visit the address of a debtor but cannot enter the dwelling without the consent of the resident.

The creditor itself can obtain a County Court Judgment (CCJ) against the debtor and if granted, has the right to execute this. The debtor will receive a Judgment for Claimant and must pay the amount requested, which may be the balance or monthly installment payments.



If the debtor begins making payments as outlined, the creditor may not take further action. It is when the debtor does not make payments as agreed that the creditor can take additional court action.

The creditor may petition the court to enforce payment using several methods. A Warrant of Execution requests that a bailiff be sent to the dwelling to get payment or seize items that can be sold to repay the debt. If a creditor provides a bailiff with access to the property, this allows the bailiff to return to seize additional assets to repay debts.

Certain items are not subject to seizure including tools of the trade, a bed, and items owned by a third party. If the debtor owes more than £600, the creditor may apply for a similar Writ of Fi Fa, which involves the High Court and sheriff.

A creditor may ask the court for an attachment of earnings. When an Attachment of Earnings Order is issued, the employer must make salary deductions to cover the debt. These deductions may not cause income to drop below a certain level. Some creditors apply for a Charging Order, securing the debt against property of the creditor and requiring monthly debt payments.

If the property is sold before the individual has repaid the debt, sale proceeds are used to pay the balance.

Two court-enforced actions that are less common are an examination of means and a third party debt order. An examination of means is a hearing during which the debtor provides evidence of the financial situation. With a third party debt order, the court directly deducts money from the bank account of the debtor.

In a rare case, a creditor may attempt to make a debtor bankrupt.



Our Panel Of Lenders Include:

Free Debt Report Download

Download your full guide to the solutions available.

Download guide

Popular Content

  • Save Money On Reputable Legal Advice
  • Will An Overdraft Count On My Credit Report If I Do Not Pay It Off?
  • Conserving Water For Money Savings And More
  • Why Won’t My Credit Card Company Increase My Limit?
  • What Counts As An Asset When Filing For A Debt Relief Order (DRO) In The UK?
  • How Do I Clear My Name from My Partner’s Debt?
  • Should I Liquidate Assets to Pay Off Debt?
  • Resources for Dealing with Personal Finances
  • How Can I Get My Debt Back Under Control?
  • Debt consolidation companies and how they work
  • How Can I File a Complaint Against a Collection Agency for Harassment?
  • Increasing Number of Homes in Energy Debt
  • What Benefits Are There to Debt Consolidation?
  • Are Payday Loans Good for People in Debt?
  • Is It Safe to Use a Debt Management Company?
  • Scottish Trust Deeds A Debt Solution For Scottish Residents
  • What is a CAB or Citizens Advice Bureau?
  • Purchasing A Home To Save Money
  • Who Should I Get to Cosign a Debt Consolidation Loan?
  • Can A Debt Collection Agency Take Me To Court?
  • Can I Move Abroad to Escape Debt?
  • Debt consolidation advice the consumer credit counselling service
  • Top Money Saving Tips For A Cold Winter
  • How Will a Debt Consolidation Loan Help Me Get Out of Debt Quicker?
  • Types of Debt that Qualify for Debt Consolidation
  • Easy Ways To Manage Credit Card Spending
  • Save Money On Winter Meals
  • What Is the Best Way to Improve Credit Rating
  • What Happens When I Stop Paying My Credit Cards?
  • Will I Be Able to Get Financing with Settled Defaults on My Credit Report?
  • Tips To Save While Christmas Shopping
  • Facts You Should Know about Debt Management Programs and Debt Consolidation
  • Debt Consolidation Loans Bad Credit Borrowers Can Use
  • Debt Arrangement Schemes Or DAS An Introduction
  • Advantages And Disadvantages Of Scottish Trust Deeds
  • How Does A Debt Management Plan Work?
  • Ways To Avoid The Savings Crisis
  • Save Money On Holiday Entertaining
  • What Happens When I Marry Someone in Debt?
  • Money Savers That Most People Forget
  • Budgeting Tips For Students
  • How Can I Get A Mortgage With Bad Credit History?
  • What Can I Do If a Debt Collection Agency is Hassling Me?
  • Advantages And Disadvantages Of A Debt Relief Order DRO
  • Debt advice in Hull numbers and contacts
  • Enjoying New Years Eve 2017 On A Limited Budget
  • Easy Ways To Save Money While Gardening
  • Can I Sell Debt That Is Owed To Me To a Debt Collection Agency?
  • Can A Bailiff Demand More Money If You Already Are Making Payments?
  • Debt consolidation management program types discussed
  • What Can I Do If I Can No Longer Meet The Requirements Of My Debt Management Plan?
  • I Have Just Lost My Job And Have Massive Credit Card Debt, What Can I Do?
  • Debt consolidation loans unsecured uk made simple
  • What Are The Best Ways To Raise My Credit Rating?
  • Should I Borrow from My Retirement Funds to Pay off My Debt?
  • Entertainment On A Shoestring Budget
  • How Will My Partner’s Bad Credit Affect Our Ability for Joint Purchases?
  • What Happens to Debt When Someone Dies?
  • Debt consolidation calculator choosing a debt consolidation loans calculator
  • Top Ways To Cut Your Hair Care Costs
  • Best Ways to Consolidate Bad Debt and Pay It Off?
  • How Long Does It Take for Negatives to Fall Off My Credit Report?
  • I Am Not Seeing the Right Debt on My Credit Report
  • How Will My Credit Be Affected If My Spouse Files For Bankruptcy?
  • How Can You Make an Offer of Payment to a Debt Company?
  • I Thought I Had a Good Credit Score, But I Was Still Turned Down for a Loan
  • Invest To Earn For Yourself And Others
  • Debt advice in London numbers and contacts
  • How Do Credit Inquiries Affect My Credit Rating?
  • What Happens When Someone Dies in Debt, but Has Left Money in Trust?
  • My Marriage Broke Up and I Am Stuck With Debt
  • Do Laundry The Money-Saving Way
  • How Long Will My Debt Relief Order Affect My Ability to Get a Cell Phone Contract?
  • Best debt consolidation loans and how to find one
  • If My Spouse Is In Debt and Unable To Get a Lower Interest Credit Card, Can I Transfer That Debt to My Card?
  • Savings Tips For Those Who Wait And See
  • Government debt consolidation loans and how they work
  • Saving Money On Pet Care- Simple Ideas That Make A Difference
  • Reduce Expenses for Household Items the Easy Way
  • Save Money And Energy While Baking and Cooking
| Terms & Conditions | Privacy Policy | Site Map | XML Site Map | For Homeowners With Bad Credit|

COPYRIGHT © 2011 – 2022 Money Marvel


This website is provided as an independent marketing website. We are neither a lender or an independent financial adviser and as such are unable to offer financial advice. Enquiries generated via this site are passed on to independent financial advisers and loans brokers. Think carefully before securing other debts against your home. Your home may be repossessed if you do not keep up repayments on your mortgage.

Money Marvel, 4 Camino Condesa, Fuengirola, 29640, Spain
The server time is 03:11:06am