Very worried newbie :(

Flowerpot_2

My OH & I have been advised by the CCCS to go BR (independently) so for the past 2 months have been a) trying to come to terms with it all & b) trying to get the fees together. The phone hasn't stopped ringing for so long I can't remember now (we don't answer the phone anymore) & the nasty letters are on the increase :rolleyes: However, yesterday a new turn of events - a card put through the letterbox from a collection agency on behalf of the Halifax......they actually came by the house but as we were both out at work they left the card with an urgent message to call them immediately to avoid further action.
I just wondered if anyone else had had this action taken? Would this have been a bailiff order? Very very worried by this would really appreciate any help or advise.....thanks

louiser123

hi flowerpot.

i very much doubt it was a bailiff, bailiffs can only be sent by the courts for unpaid fines, or defaults on ccjs, council tax ect if none of your debts have gone to court then it def isnt a bailiff.
i would like to bet it is just one of the dcas who do take a chance and call at your house, if they do ever call while your in just tell them to go away they have no power whatsoever although they will try to tell you that.

Rossa_3

It is unlikely that it was a bailiff, more likely to be a debt collector acting on behalf of the creditor (halifax) trying to see if they can get you to pay something towards the debt. Bailiffs would only normally be sent in if you have a CCJ and have not paid what was agreed under the terms of it. So the creditor could ask the Court to allow the bailiffs to enforce the order. Only exceptions are where you owe money for council tax, rent, income tax etc. These are priority debts and the authorities have far more powers to send the bailiffs in than finance companies who you owe money to as that is classed as unsecured debt. i.e. not a priority in law.

There is a lot of argument on in what circumstances a bailiff can enter your home without your permission. As far as I know if you are at home and they come to the door and you let them in they will fill in a form with items in your house that could be removed in the event you don't pay the debt. Known as a Distraint of Goods. They will get you to sign the form which effectively means you have given them the right to remove goods if you do not pay.

So if it was a bailiff you would have to be further down the line and gone through the Court process for your creditor to get a CCJ first. Which is why I am sure it was just a debt collector.

However, FYI I was advised not to let a bailiff into my house under any circumstances. Keep them on the doorstep even if you find it embarrasing as once they are over the threshold they have more power to return and remove items. They have even been known to bring a locksmith and "break" in to remove goods.

When it happened to me, I wasn't at home so they left a card (says bailiff so check card left for you) and asking me to call. When i called them, they asked to come round to see me but I refused and offered to go to their offices instead. They backed off in the end as they couldn't force their way in as I hadn't "invited" them in in the first place.

NB This was 15 years ago so things may have changed and I'm sure others on here will say so if I'm wrong.

Try and hold on to your sanity a bit longer until your BR happens. Your creditors have a job to do which is why they are chasing you. Also try and remember that this is business to them, not personal. I know it is an emotional time for you and no doubt stressful but you will be surprised how relieved you will be when the dreaded day is out of the way and anyone who chases you then can be referred to your OR.

And just so you know there is life after your BR, mine was 12 years ago and life goes on whether you want it to or not...lol. Good luck and you will get all the support you need on this forum.

Flowerpot_2

Thankyou for your reply it has put my mind a rest;) My OH said as much but I guess I didn't really believe him! Worried about answering the door Would this be construed as harrassment? It all seems to be getting worse at the moment

restofmylife

I got the same card about 4 months ago, I went BR last week and never had a visit from any Baliffs. Also you do not have to answer the door to them or let them in. Ask BT for "choose to Refuse" and you type 14258 when you get calls that you don't want - it really reduces the calls. Also if you are with HSBC go on Online Banking and change tel nmbr to 123456789 and all those calls will stop. Also some mobiles can reject unregistered calls.

Good luck and try not to worry - I put up with it for 7 months before BR:)

ROML xx

Flowerpot_2

Rossa wrote: »

It is unlikely that it was a bailiff, more likely to be a debt collector acting on behalf of the creditor (halifax) trying to see if they can get you to pay something towards the debt. Bailiffs would only normally be sent in if you have a CCJ and have not paid what was agreed under the terms of it. So the creditor could ask the Court to allow the bailiffs to enforce the order. Only exceptions are where you owe money for council tax, rent, income tax etc. These are priority debts and the authorities have far more powers to send the bailiffs in than finance companies who you owe money to as that is classed as unsecured debt. i.e. not a priority in law.

That info is a tremendous relief, thankyou! We don't have any CCJ's nor owe any monies for council tax, priority debts etc., just the CC's & loans. Its been such a struggle to get the monies together to go BR as I've been on short-time at work & my OH is a self-employed gardener so this winter has been harsh for us. We're nearly there

Flowerpot_2

restofmylife wrote: »

I got the same card about 4 months ago, I went BR last week and never had a visit from any Baliffs. Also you do not have to answer the door to them or let them in. Ask BT for "choose to Refuse" and you type 14258 when you get calls that you don't want - it really reduces the calls. Also if you are with HSBC go on Online Banking and change tel nmbr to 123456789 and all those calls will stop. Also some mobiles can reject unregistered calls.

Good luck and try not to worry - I put up with it for 7 months before BR:)

ROML xx

Thankyou muchly I will ask BT for that service.......the calls start at 8.00 a.m & continue until 10.00p.m Luckily they don't have my mbl nmbr but they do have my OH's :rolleyes:

sieve

Hi Flowerpot,

It wasn't "power2contact" was it? If so I most probably had the same guy on my doorstep this afternoon!

Hope you get it all sorted, I don't really have anything else to add to the excellent advice you've had already other than I wish you all the best.

Cheers,

S

Flowerpot_2

restofmylife wrote: »

Ask BT for "choose to Refuse" and you type 14258 when you get calls that you don't want - it really reduces the calls.

Just checked our BT account online to try & register for this service........"unavailable at the moment try again later" :rolleyes: Thanks anyway! (& I will try again, tomorrow!)

restofmylife

Hi Flowerpot,

Just dial 150 and they will set it up straight away...

Good Luck

Flowerpot_2

sieve wrote: »

Hi Flowerpot,

It wasn't "power2contact" was it? If so I most probably had the same guy on my doorstep this afternoon!

Hope you get it all sorted, I don't really have anything else to add to the excellent advice you've had already other than I wish you all the best.

Cheers,

S

Yes it was!!
Good luck 4 tomorrow
Thank you all tonight for your help & support, I will be able to sleep a little easier now