Balliffs

holchar

Hi , i recently decided to go Bankrupt and i have an appointment on the 12th of December to file the paperwork.
But today i recieved a NOTICE BEFORE REMOVAL for the 2nd of December.
They state threey will be attending with a locksmith and the police to remove goods.
Can i call them and advise them im going bankrupt?
or has anyone got any other advice of what i can do
Its for Council tax and overpayment of council tax benefit, they are asking for £1290. can anyone help? thanks holchar

Waspeze

Hopefully you'll get some good answers but if not PM Herbie21 she really knows her stuff with regards to bailiffs and will be able to help you!

holchar

Hi
thanks you but how to i send a personal message on here, sorry very new to this holchar

Waspeze

If you click on this link it'll take you to her profile, you should see an option to private message her
Also her website is there which might be worth a look!

http://forums.moneysavingexpert.com/member.html?u=204019

maxmycardagain

Can a bailiff call at night or on a weekend?
Only bailiffs collecting rent are obliged to call between sunrise and sunset, all other bailiffs can call at any time of day or night. However most bailiffs should call at a 'reasonable' time, either during normal office hours or between 8.00 a.m. or 8 p.m.

Can a bailiff force his/her way into my house?
Most bailiffs do not have the right to force their way into your home to seize your goods. The only exception is that bailiffs from the Collector of Taxes (Inland Revenue) can get a warrant to force entry, but this is very rare. All other bailiffs have a right of peaceful entry only. This means that they cannot use force to enter your home, for example, by breaking a window or a door. However, they can enter your property through an open door or window (front and back) and can climb over fences and gates, but cannot break them down. See also ''If a bailiff does gain peaceful entry to my house, what will they do?''
You do not have to let a bailiff into your house. A bailiff cannot force their way past you if you answer the door. If all your doors and windows are securely closed they will not be able to gain peaceful entry to your house unless you let them in.
Bailiffs are well aware of their limited powers and may use a variety of different means to gain entry peaceably. They may attempt to walk in as soon as a door is opened. They may ask if they can use your telephone to check if an arrangement is satisfactory with their office. They may simply ask you if you would prefer to discuss matters inside. You do not have to go along with any of these methods.

Can I be arrested or imprisoned for not letting a bailiff into my house?
No. If a bailiff is accompanied by the police, they are only there to prevent a breach of the peace. You cannot be arrested for refusing to allow a bailiff into your home.
You cannot be imprisoned for not paying your debts. However, non-payment of council tax, child maintenance or magistrates court fines can lead to imprisonment if you 'wilfully refuse' to pay. This means that the magistrates must be satisfied that you have the money but choose not to pay. You should be required to attend a magistrates court means enquiry hearing before this is decided. This gives you the chance to explain why you have not paid.

maxmycardagain

put the door chain on, refuse entry, get a big dog...

dane-katie

You can borrow my dog if you want he is a GSD cross and trust me no-one would dare come in if he was on the loose!

lisamummytoarchieplusbump

also the few days around that day also keep doors and windows locked even when your putting washing out in the garden(yes i know its winter but you know what i mean) as they dont always come on the day. also if you have a car, park it away from you house not on your drive for a few days as they will sit and watch your house if they want to. keep the chain on the door at all times even days after they said they will visit as they will probly try more than once.. but as other posters have said do not let them in as once they are invited they are like vampires they can come in again

fiveyearplan

Have you been to court? Can you dispute the amount or anything to buy yourself more time?

DON79

Also they are not allowed to take items that are basic needs or essential to living. so they can't touch the washing machine, dishwasher, cooker, microwave or other small appliances. Do you have school age children, if so, pretty good argument for keeping a computer is they need it for their homework. And they are not allowed to take anything at all that belongs to children, no toys or computers that children use. Make sure you have no cash in the property. And like has been said, park your car at a family or friends house for a few days before and after.

Just don't let them in, if they haven't been in before, they have no right to entry now.

And the police are they to protect you too. So they won't allow them to breach the peace or commit acts of damage against your property trying to force entry. they have no right to force entry.

best of luck!

moneymare

Council Tax overpayment of Benefit if fraud can be included in a Bankruptcy, but overpayment of Housing Benefit cannot, so you need to watch out for that