What can bailiffs legally do?

noggin wrote:

hi car67,
dont be too under the weather. i hope these tips help you out a bit:

1,2 +3: the bailiffs do have a legal right to have entry into your home if they have a warrant. they should bring this with them at the time they come to your home.
4+5: the bailffs will find goods (anybodys goods, if they are in your property, can be removed) to the value of the debt (ie if you owe £500 that is how much the will try to recover in goods).

The best idea is to let the bailiffs come and STAY CALM. alot of first visits they DO NOT remove goods, but if you go in there all guns blazing you may end up getting arre

valiant wrote:

car67........

I can't believe I've spent over an hour writing this but I was incensed by the stupid advice that some people gave you. Please reward my effort by taking the time to read what I've written!

You've had some really good advice in this thread so far and some really ROTTEN advice! That's the problem with forums like this. 'file_wizard' has given you the best advice. Anyone who said that the bailiffs have a right of access to your house/flat are talking through an orifice where the sun don't shine! I've been through a similar situation and have had more bailiffs at my door than hot dinners! I'm going to give you the benefit of my experience.

The most important advice I want to give you is that there's a HUGE difference for YOU now between taking an active role in dealing with your creditors and putting your head in the sand like most people do.

You have credit-card debt and bank debt. That means that in all probability you may have been taken to the County Court and you possibly have County Court Judgement(s) registered against you. The first thing you need to do is to stop putting your head in the sand (like most people do.....but the situation is NEVER hopeless....as most people think!) and take control of the situation. What you do (and what you don't do) now are important. If you take control NOW you can make things better for yourself.....believe me!

My advice is as follows:

1) Firstly, IGNORE THE DAMMED BAILIFFS !!!!!!! They have little or no power. Their only real function in the legal 'system' is to intimidate people. They will send you very official looking intimidating letters......ignore them all! Don't lose any sleep! As long as you adhere to some simple rules, bailiffs are of no concern. There are only three things you have to remember with regard to bailiffs from the County Court:

a) NEVER NEVER allow them into your house or flat. NEVER NEVER open the door to them. They will try all kinds of tricks to get in but they can NEVER force entry unless you've allowed them in at one time in the past. The law is stupid and says that if you let them in, EVEN ONCE, then everything changes from then on and they now have the right to break the door down when they come back in the future. Don't let it get to that stage. Make sure that you make everyone in your household aware of the one simple fact that the bailiffs should NEVER be allowed to cross the threshold. Basically, they have no right to 'force entry' UNLESS you've allowed them entry at some time in the past. I know it sounds stupid........but it's true........do a Google on 'bailiffs' and 'rights' if you don't believe me!

b) If you have any assets outside your house (such as a car or garden furniture etc.) then be aware that the bailiffs DO have a right to take that (with 7 days notice). Move any of that stuff away to a friend's house.

c) The bailiffs have a right to make a charge for the cost of visiting you each time, but it's limited. I can't remember exactly what the amount is but they're entitled to charge something like £20 to £30 for each visit. The number of visits they can charge you for is limited to three. The total amount will be added to your debt. If you can't pay the amount you owe then you're stuck with that charge.......but do a Google search and find out and make sure that they don't overcharge.

So....bottom line.........relax about the bailiffs! The bailiffs are NOT your main problem! They're an impotent distraction.....all bark.....NO bite. Onto number 2:

2) Start talking to the credit card companies and the bank. Believe me, the 'system' is on your side. If you show that you are prepared to take some responsibility and keep communicating with them, most credit card companies and banks won't want to take you to court. Most of them are INCREDIBLY reasonable; but ONLY if you start talking to them. Even if you can't afford to make ANY payments to them, talking to them will make your situation much better.

3) If you tell a credit card company or bank that you're in financial trouble they have no way of knowing if you're telling the truth or if you're lying and are just saving your money for a round-the-world cruise next summer! For that reason they will usually suggest that you contact a 'debt counselling' organisation who will make an independent assessment of your means. This is in YOUR interest. They will usually suggest their own 'preferred' organisation; but you don't want to be dealing with multiple organisations, one for each credit card company....that's far too much hassle. Deal with one. Ring the credit card company to whom you owe the largest amount and ask them which debt counselor they recommend. Then deal with that one. Mind you, make sure that they make no charge. There are lots of free services available that are no worse than those who charge. It really doesn't matter which one you choose as long as their services are free. Once you find one then DEMAND that all the other credit card companies deal with the same one. They'll usually accept.

The debt counsellor is YOUR friend. Make an appointment. Interestingly, if you make an appointment and have proof of it then you can often buy a lot of time from the credit card company because they know that there's usually a long waiting list. So even if you hate the idea of keeping your appointment (and, really, you shouldn't) then you can report back to the credit card company that your appointment is for X weeks time. They'll usually do nothing more until that date has past.

When you attend your appointment with the debt counselor (and believe me, you really should.....if they're worth their salt you'll feel SO much better after the interview) they will make an assessment of your means. You must give them all the paperwork necessary to give them confidence to make an 'independent' statement to the credit card company that you can only afford X pounds/month (even if X = zero!) The credit card company will usually accept this and you can then avoid a 'default' or a 'county court judgement' (see below).

4) Keep in mind three VERY important things that you need to avoid and/or keep to the minimum:

a) Having your account deemed to be 'in default' by the credit card company. This has a devastating effect on your credit rating for the future (six years). Basically it's a decision that the credit card company makes THEMSELVES at THEIR discretion. No court is involved. They basically inform the credit reference agencies that THEY consider the account to be 'in default' and there's not a lot you can do about it. It just goes on your file for six years that XXXX Company considers you to be 'in default' and you'll find it hard to get credit during that time. But if you talk to them and you can make even the most stupidly small monthly contribution (even £5) then you might avoid a 'default'. Remember that most people in your situation bury their heads in the sand. That's what the credit card companies hate. If you communicate with them then you will be in the minority and you can probably avoid a default. But you MUST haggle! Remember that if you don't bury your head in the sand than you're actually in a position of power! You owe THEM the money! I've never really understood the logic myself but when most credit card companies declare an account to be 'in default' they also stop charging interest on the amount outstanding. If you offer them even £5/month ON CONDITION that they will NOT register your account as 'defaulted', then they will be very tempted to accept. Everyone (including you!) can probably find £5/month but don't even give that to them unless they agree to keep your account out of 'default'. The rule is Haggle! Haggle! Haggle! If you agree to pay something then you need to get something in return and your future credit rating is usually the most important issue.

Having said all of the above; obviously if your financial situation is COMPLETELY hopeless (i.e. you can't even afford £5/month and/or what the debt counselor recommends) then having the account 'in default' might be to your advantage because usually you'll stop paying interest on the amount outstanding. You basically have to decide which is more important to you; having the interest frozen now or (not) having your credit rating screwed for six years.

b) You also need to avoid being taken to the County Court if you can manage it. A County Court Judgement (CCJ) is even worse than a 'default' for your future credit rating and it also stays on your credit rating files for six years. A CCJ is actually quite easy to avoid if you keep up communication with your creditors. But if you ARE summoned to the County Court then make sure you attend. I don't fully understand this; but in my case I had a County Court Judgement (CCJ) granted against me by the Inland Revenue for £20k and it never got registered on my credit rating file. I've never quite understood why it wasn't. I phoned the court about it (and asked on various Internet forums) and was told that if you actually attend the court you reduce the chances that the creditor will go through the necessary process to ensure that the CCJ is registered with the credit reference agencies. It seems to be an esoteric point of legal process that I don't understand but it again re-enforces the principle point I've been making all along..............if you take control of the situation and confront your creditors, confront your problem, confront the debt counselors and confront any court appointments then you'll always tend to be better off.

c) You say you own your property. This is actually a bit of a problem; unfortunately. Firstly, NEVER volunteer the fact that you own your property unless you're asked directly by your creditors. It actually doesn't matter very much because the law has changed and these days it's very easy for them to find out that you do.....so if you're asked directly, there's nothing to be gained by lying and a lot to lose. If you're in a REALLY BAD financial situation then it may be worth transferring your property into the name of a TRUSTED family member but you will probably have to pay stamp duty. This area is beyond my knowledge and you should probably take 'professional' advice.......i.e......Google! LOL! The bottom line is that if your creditors get wind of the fact that you own a property then they'll be very tempted to take you to the County Court, get a judgement against you and then enforce that judgement by reapplying to the court to get a 'charge' on the property. A 'charge' means that a note is put on the property's record at the Land Registry that compels the Land Registry not to allow you to sell the property (i.e. transfer the property into another person's name) unless the proceeds are firstly used to pay off your debt. It's legally possible (but very unlikely if the property is your main residence) that they could get a subsequent court order to force a sale of the property.

The bottom line of all of the above is that you need to make a decision in principle NOW........either you bury your head in the sand (very tempting....I know how it feels), ignore all the crap coming through the letter-box, stop answering the phone (I know what that's like too!).........or..........grab the dammed bull by the horns and make the best out a of bad job. There's a LOT to be saved! I've been there!





Valiant