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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.
Court bailiffs are only appointed if a CCJ has been granted, a failure to pay set amount as stated by court has occurred, and therefore a warrant of execution issued.
Now as you do not mention being taken to court directly by said creditor, i have to ask, because if it aint been to court they aint real bailiffs
Life’s a bi.tch, and then you die!
At least there is something to look forward too
Last edited by blind-as-a-bat; 03-11-2009 at 6:43 PM..
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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.
Location: Candy Mountain, in a land of joy and joyness.
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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.
I am opinionated and rather blunt.
This site doesn't check my status as opinionated and blunt, so you need to take my word for it (or use the search function). Any advice or thoughts I give on matters involving debt and recovery processes should be considered as nothing more than the opinionof someone who usedto be a bailiff a long time ago.
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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.
Location: Candy Mountain, in a land of joy and joyness.
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I suspect its the usual threatening sounding covering letter rather than a specific threat?
I am opinionated and rather blunt.
This site doesn't check my status as opinionated and blunt, so you need to take my word for it (or use the search function). Any advice or thoughts I give on matters involving debt and recovery processes should be considered as nothing more than the opinionof someone who usedto be a bailiff a long time ago.
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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.
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!
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.
County Court bailiffs receive many complaints from creditors that they have not tried hard enough to enforce a Judgment. This is very likely to have happened in this case, in particular because the bailiff had visited you earlier this year and would have reported back to the creditor.
As you are unable to repay the debt at this present time ( as you are waiting for a property to be sold) I would strongly suggest that you go IN PERSON to the County Court this morning to complete an N245 Application.
This is an application to VARY the Court Order. In your case, you need to tick BOTH BOXES on the form. One to SUSPEND THE WARRANT...and the other to VARY the order to pay the debt by monthly payments at a nominal rate.
If you complete this form at the court, the clerk can then inform the bailiff's office of the application and this SHOULD lead to the warrant being put on hold until your application is heard.
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.
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I had worries about a visit from the Bailiff but I signed up with a company that protects you from having your stuff taken away. I costs peanuts (about a pound I think though it was a while back so I can't remember). the company was called Sentinel ASAP, it really works too, when the bailiff turned up he couldn't take a thing!
Pls be nice to all MoneySavers. There's no such thing as a stupid question, and even if you disagree courtesy helps. Take care over copyright. Use excerpts and links rather than copying long text. This site asserts copyright on all comments posted on the board.
Pls be nice to all MoneySavers. There's no such thing as a stupid question, and even if you disagree courtesy helps.
Bailiff Problems Very Worried
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