bailiff threat

Brian_The_Lion

Ive just came across a recent letter regarding an unpaid catalogue debt in my partners name which mentions bailiff action.

How does this work exactly? Are the catalogue company allowed to send people round without any court involvement? I always thought bailiffs were sent as a result of CCJ's, etc...

any advice would be great...

DGJsaver

Brian_The_Lion wrote: »

How does this work exactly? Are the catalogue company allowed to send people round without any court involvement? I always thought bailiffs were sent as a result of CCJ's, etc...

They are

The `debt collectors` sent (most often not because of prohibitive costs) have as many rights as the paper boy...

RAS

You will find that the letter refers to the fact that legal action MAY include .........bailiff........bankruptcy

it is a standard scarer which ignores the fact that the courts are unlikely to authorise bailiffs for unsecured debt, even after a CCJ is granted, even though it is legally possible.

What you need to start sorting is whether you have joint accounts which mean even a CCJ affects your credit rating and how you are going address the need to sort out the debt payments.

Brian_The_Lion

RAS wrote: »

You will find that the letter refers to the fact that legal action MAY include .........bailiff........bankruptcy

it is a standard scarer which ignores the fact that the courts are unlikely to authorise bailiffs for unsecured debt, even after a CCJ is granted, even though it is legally possible.

What you need to start sorting is whether you have joint accounts which mean even a CCJ affects your credit rating and how you are going address the need to sort out the debt payments.

Say for example my partner offers to repay £5 per month and the creditor rejects that, is it normal for them to then apply for a CCJ? If so is that a case of the court sending out paperwork to my partner or does she have to appear in court?

RAS

You are in Scotland, so need to talk to CCCS or NDl scotland as the laws are very different and there are a limited number of us with Scottish experience. You could pm coolcait, as I think she is Scottish or Orkeystar

Brian_The_Lion

RAS wrote: »

You are in Scotland, so need to talk to CCCS or NDl scotland as the laws are very different and there are a limited number of us with Scottish experience. You could pm coolcait, as I think she is Scottish or Orkeystar

thanks. ill try and see if I can dig up some info on their websites... the ones ive been looking at so far only seem to refer to what happens with council tax debt, etc and not unsecured debts...

fermi

If you don't pay what is asked, then the most likely thing to happen is that they will send more "threatograms" and or flog the debt on to a firm of debt collectors.

It may be used as a threat/scare tactic, but most of the time the creditor does not actually want to go to court. Especially if there is the risk that a judge will see sense and award them a small payment a month, as that is all you can afford. Much more efficient for them to depend on threats.

True for Scotland or anywhere else...............

Brian_The_Lion

fermi wrote: »

If you don't pay what is asked, then the most likely thing to happen is that they will send more "threatograms" and or flog the debt on to a firm of debt collectors.

It may be used as a threat/scare tactic, but most of the time the creditor does not actually want to go to court. Especially if there is the risk that a judge will see sense and award them a small payment a month, as that is all you can afford. Much more efficient for them to depend on threats.

True for Scotland or anywhere else...............

If debt is continually reassigned between different DCA's is this a good indication that a CCJ will eventually happen?

fermi

Brian_The_Lion wrote: »

If debt is continually reassigned between different DCA's is this a good indication that a CCJ will eventually happen?

Not really, no. Could even be the opposite.

DCAs sell debts to each other all the time, often when they know that it's too difficult to collect or legal action would be pointless.

When was this catalogue account first opened?