chapter  27
45 Pages

REMEDIES OF THE SUPPLIER—‘CREDITOR OR OWNER’

Faced with a defaulting customer within the limitation period (see para 26.17), the supplier in principle has two basic choices open to him: (1) self-help (see para 27.02), in the pursuit of which the creditor may be restrained by the offences with regard to forcible entry of premises and unlawful harassment of debtors;3 or (2) court action (see para 27.03), which in the case of insolvency proceedings only is carefully controlled (see para 19.18). Nevertheless, the present ‘system’ of enforcement by self-help and court action still gives significant advantages to the ordinary creditor who acts first as against other ordinary creditors, so unfortunately encouraging precipitate action rather than merciful forbearance.4 To some extent, it is possible for the OFT to control the treatment of debtors by use of the CCA licensing system (see para 6.23).