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Bailiff Problems Very Worried
veryworried13
Posts: 4 Newbie
Hello looking for some advice.
Got a debt because of an overdraft on my old bank account.
Made a repayment offer which was refused but it was all I could afford.
Bailiffs were out earlier this year but I refused access twice and they didn't return.
Now I didn't contact them since then as I am waiting for my grandparents home to be sold (passed to my sister) which isn't in my name but I will be receiving part of the money. This hasn't happened yet and since I wasn't in a position to pay I tried to forget about this for now and hoped they wouldn't be back in touch until I could pay.
Had a letter pushed through the door today (not via postman) from the Courts Service.
This states that the bailiff now intends to carry out the action to seize goods and in bold it states claimants may apply for a warrant of forced entry in my absence.
I was under the impression that they could only force entry once it had been gained or if the debt was for council tax or court fines.
Can anyone tell me will they be able to force entry at present?
Going to call them tomorrow morning only available for two hours early so going to be awkward at work but going to have to.
Got a debt because of an overdraft on my old bank account.
Made a repayment offer which was refused but it was all I could afford.
Bailiffs were out earlier this year but I refused access twice and they didn't return.
Now I didn't contact them since then as I am waiting for my grandparents home to be sold (passed to my sister) which isn't in my name but I will be receiving part of the money. This hasn't happened yet and since I wasn't in a position to pay I tried to forget about this for now and hoped they wouldn't be back in touch until I could pay.
Had a letter pushed through the door today (not via postman) from the Courts Service.
This states that the bailiff now intends to carry out the action to seize goods and in bold it states claimants may apply for a warrant of forced entry in my absence.
I was under the impression that they could only force entry once it had been gained or if the debt was for council tax or court fines.
Can anyone tell me will they be able to force entry at present?
Going to call them tomorrow morning only available for two hours early so going to be awkward at work but going to have to.
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Comments
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Yes this went through County Court around ten months ago.
Does this mean that they can force entry then even without a suspended possession order?
Just to clarify, they are "real bailiffs" working for the local court and the letter received today is from Her Majesty's Court Service.0 -
normally they tell you how much to pay, the court do type in on google n246a and go to you local court to see if they will look in to going for the payment you can afford . or go to local court and request that form.0
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I think your refusal to deal with the problem up to now may be an issue with getting a lot of co-operation out of anyone at this point. The court may normally agree to stopping bailiff action if they can be sure you're actually going to deal with the issues facing you (which will almost certainly mean making an acceptable arrangement) but you've not exactly shown willing up until now.If you don't stand for something, you'll fall for anything0
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Must admit I'm confused.
County court bailiffs cannot force entry unless they have previously gained peaceful entry in to the property. So unless that has happened then no forced entry. (even then doubtful)
Unless 'they' have been in then its the usual advice, keep the doors and windows locked and dont let them in.
Your right in thinking that magistrates court bailiffs can force entry on first visit but this is EXTREMELY rare. Council tax bailiffs are, regarding powers, same as county court bailiffs.
DDDebt Doctor, Debt caseworker, Citizens' Advice Bureau .
Impartial debt advice services: Citizens Advice Bureau Find your local CAB *** National Debtline - Tel: 0808 808 4000*** BSC No. 100 ***0 -
I suspect its the usual threatening sounding covering letter rather than a specific threat?If you don't stand for something, you'll fall for anything0
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I think the "in your absence" bit is key - perhaps they are trying to say that you no longer inhabit the property. However, as far as I understand it, even then the only bailiffs who can force entry are those acting for the magistrates court in relation to a fine, or where the debt is owed to HMRC and a magistrates warrant has been issued.
Something sounds very fishy here indeed.BSC 2710 -
get a big..[stuffed] dog, that makes a lot of noise?No, I don't think all other drivers are idiots......but some are determined to change my mind.......0
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Right thanks for the replies everyone, will be ringing them in four hours to see if anything can be sorted. No sleep because of this so today should be fun at work!0
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Herbie thanks for the advice. That's pretty much what the bailiff said.
I'm unable to get there in person because of where I work but he's posting the form out I just need to fill it in and get someone else to take it down for me by the end of next week.
Bailiff was very nice about it and was very clear about not making an unrealistic offer only what I can afford.0 -
veryworried13 wrote: »Hello looking for some advice.
Hiya
Have a mooch here for some template letters etc that you can send - although I notice Roberto/Herbie has been helping which is a good thing....
Dealing with Bailiffs Harassment
The letters here usually help to keep the sharks at bay.
2010 - year of the troll
Niddy - Over & Out :wave:
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