DMBM605450 - Pre-enforcement: Preparing a case for enforcement: Enforcement and Insolvency criteria: CCP criteria

England and Wales

Take CCP action where

• (This text has been withheld because of exemptions in the Freedom of Information Act 2000)
• the debtor’s address is in England or Wales
• distraint has been completed, was unsuccessful or is otherwise considered unsuitable.
• We have been unable, despite attempts made by Field Force Agents/Distraint Officers, to make any personal contact, and/or using data that we already hold on our IT systems, to establish any useful data on the debtor.

Where a combination of debts includes a contract settlement, ensure that distraint action has been attempted for those debts other than the settlement (unless previous experience indicates that distraint would be unsuccessful).

But not where

• the debtor is known already to be in a state of insolvency i.e. the overall debt position is worsening because further liability is arising at a rate much quicker than the debtor can pay.
• there are non distrainable assets, such as land or property, that can be realised to provide a dividend against an insolvency claim, irrespective of whether the debt is accruing or not.
• There are no or negligible assets (where this is known), or there are clearly no or negligible means to pay, and the debt is not accruing.
• There is a Phoenix company.

All cases entered into County Court should be authorised as being both appropriate and ready for Court action by a Quality Guardian, this would usually be an officer of Debt Manager grade or above.