Bailiffs...help?

doodlebug89

Thankyou all so much for your help. She would have gone to court except it was in Northampton hours away from where we live. We will download the form and get that done ASAP. It seems to be, interestingly, the solicitors working on behalf of the creditor (MBNA) who are the ones claiming not to be in reciept of the Admissions form. Wondered whether it's worth contacting MBNA direct as well? But don't want to aggravted the situation further but want to try all options.

The system seems so unfair - paticularly in this economic climate. Sad that someone my age can lose faith so soon..

Guess we just have to hope and pray the Bailiffs don't come round in the meantime.

debt_doctor

Hi, yes it is worth contacting the creditor ( not that I have any faith in MBNA:rolleyes:). They have already done their worst so cant make situation worse.

As you said earlier keep the doors and windows locked and dont let them in - and hide that car !!:D

DD

queensclose1

ok you have 2 types of bailiffs. private bailiff and court bailiffs
private bailiffs are the thugs. they often work on commision. they can only be invited in (peaceful entry) of though an open door or window.
once confirm that its the debtors house they won't leave even is the debtor is not there. they will ask you to call the debtor. and they will identify goods that the debtor owns.
its not uo to them to prove who owns the goods. it is you. if you have not got prove they will be taken and you would have to attend court to make a sworn statement. its up to the court if they believe you.
if you call the police as long as the bailiff has the warrant the police can't help you.
they may ask you to sign a walking poss agreement. if you are asked. sign it and they will go. currently to it means nothing. the bailiff would need a judges signiture to force entry and theres no judges in england and wales who will sign them.
they can take your car with or without the keys. but it will sell for less if you don't hand over the keys.
avoid signing a walking poss agreement for a car. this they will enforce and you can end up getting arrested if you fail to hand over the car or pay debt.
quite simple avoid answering the door. if you do. do not let them in. (they will be polite at this stage asking to come inside) just say no. its ok here. they have no right to push past. it will be assault. at that stage call the police and allege assault and trespass. do not ask them to come for anything else. only assault and trespass. they do not have the right to remove anything because peaceful enterance was not gained. you have the right to use reasonable force to prevent them removing anything until the police arrive. but it must be reasonable. if they do take something then add theft.
however nice and reassuring they are only here to sort it out. refuse entry.
each private bailiff has a £10.000 bond post at court by the company they work for.
remember they only get paid when you pay them. they will add charges for visits etc.
eventually they have to return the warrant unable to meet.

court bailiffs are civil servants who are on a basic wage with no bonuses. its very rare they remove goods. because you will tie up their day. they are only really after a payment plan. and usually only after a small amount. ie if the debt is £1000 they ask for £77.25 to close the warrant and ask you to phone the creditor to make a monthly offer. this is often more effective. if the warrant is a large amount or you can,t afford it. you get the option to suspend which is £35 or free if your on benefits.
normally there lever is identifying your car and threaten you with removal. which they will do.
trouble with county court bailiffs they can use attachment of earnings instead. as long as they can identify you as living at the property they can serve the papers on you via a judges order in the letter box ordering you to fill it in listing your employer and making an offer to pay. this carries a prison sentence and they do hand them out. normally about 10 days and it does not write the debt off.

ps anything on hire purchase can not be touched.
needing the car to go to work will not stop it being taken. only if its tools of the trade. ie your a plumber

queensclose1

quote She would have gone to court except it was in Northampton hours away from where we live.


northhampton is the bulking centre. ie online claims. the warrant should in the your local courts hands

queensclose1

blind-as-a-bat wrote: »

Not exactly correct, the judgement, in default due to non filing of a defence or acknowledgmnt , is made at northhampton, the warrent is then passed to a local court bailff not the court as such

Northhampton is also a court where judgements are passed, not just a bulk clearing centre;)

the local court bailiff will be working and based at the local court