Urgent help needed with bailiffs!!!

mb947

Ames wrote: »

Right, I'm a bit unclear on what's happened, can you go through it from the start? Who has actually taken you to court? Did you defend it? If it's been to court then you must have had lots of chances to make a payment plan before it got to bailiffs, did you get those chances? (Not judging, just making sure there's been no errors on their part).

Sorry I've been so unclear. I was threatened with legal action from the landlords, but in Jan I was conatcted by another tenants parent. He warned me that "regardless of Manor Properties actions, I intend to commence legal action against you on Feb 1st, unless you settle, in full, the outstanding debt and make suitable arrangements to make sure future rent is paid on time.", basically so that his Son's credit rating won't be affected by being take to court as we are all equally liable for any shortcomings in the rent. There has been no chance of a payment plan, only demands from the landlords for payment of the debt in full. The problem with the debt is that it is still increasing by £300 every month as it will do until the contract ends in June, even though I am not at Uni anymore (which I thought would invalidate the agreement as the accomodation is strcitly student accomodation).

Yes, I've tried to advertise the room on student forums etc, but have had no luck in finding a replacement tenant and this late in the student year all hope of that is lost. I don't know, I didn't have a guarantor, but as far as I am aware the parent has been in touch with the landlords and has taken me to court kind of on behalf of them in order to spare the other tenants from the legal action.

mb947

Yes, I do admit that I owe the money to them, although as I mentioned I thought that by not being a student anymore that the agreement was invalidated (if I was more clear on the details of this point I would wish to defend it, but I'm unsure where I stand). When it comes to making payment arrangements I can only afford to pay around £50 a month and with the debt continually adding up each month I really don't see them accepting that offer.

Thanks RobetoMoir, I'll look into the form and see if I can get some extra time.

woody01

Can't a Court Appointed Bailiff just kick your door in?

mb947

I hope not!!! I thought that I read on here that only when you owe tax or money to the council etc that they have the right to just force their way in without gaining peaceful entry first?

Ames

Woody, you always seem to post to cause upset, and this time you don't know what you're talking about. They can't just kick your door in.

DarkConvict

Bailiffs will exercise a warrant, be it to serve papers, arrest, collect goods etc.

The HMRC will add in to a warrant to force entry if necessary, but this is not included in normal bailiffs warrants.
Bailiffs sent to your address can only force entry after they have levied goods inside it.

I agree with Ames, woody your post whilst it was written as a question it can be easily mis-read and cause distress. I personally feel you were not asking it as a question but trying to imply something you had heard about before.

RobertoMoir

woody01 wrote: »

Can't a Court Appointed Bailiff just kick your door in?

No. No they can not. There are a few specific cases where it may be allowed, but forcing entry isn't "just" anything.

RobertoMoir

mb947 wrote: »

Yes, I do admit that I owe the money to them, although as I mentioned I thought that by not being a student anymore that the agreement was invalidated (if I was more clear on the details of this point I would wish to defend it, but I'm unsure where I stand)

I am not a lawyer but if the rent was made independantly of your tenure at uni then leaving uni couldn't possibly effect it (e.g. staying in halls vs. renting a house with mates)

mb947 wrote: »

When it comes to making payment arrangements I can only afford to pay around £50 a month and with the debt continually adding up each month I really don't see them accepting that offer.

If this was put to a judge then providing they agreed with your assessment of the problem then they will set the repayment level at what they see fit, not what the complainant wanted.

mb947 wrote: »

Thanks RobetoMoir, I'll look into the form and see if I can get some extra time.

Good luck.

Britwife

Have you tried to make payment arrangements? Was it school loans that were going to be used to pay for the rent? I'm also curious to find out how you were going to pay for a room that you signed for months before starting school. Is that common here? Sorry for all the questions, just trying to get a better understanding.

Are you working now? I see you live with your parents, is there anyway you would be able to offer more? Also, can you work on trying to find someone else to take your place or ask your old roomates if they know anyone so that way the money will stop adding up at least.

and finally, in your lease, does it state you MUST be a student? I don't know if that would help you but in the end, you would most likely still be responsible since you broke the agreement anyway.

I hope things work out for you

and for those of knowledge.....it was mentioned that the other tenants' credit ratings could be affected, is this true? I ask because I have a son that will be headed off to uni in about 2 years...hence most of my questions

RobertoMoir

Britwife wrote: »

and for those of knowledge.....it was mentioned that the other tenants' credit ratings could be affected, is this true? I ask because I have a son that will be headed off to uni in about 2 years...hence most of my questions

It's quite possible. Depending on the exact way the house rent is done - if it's done on the basis of a group of people renting a house and splitting the bill between them, as opposed to them each renting a bedroom as if they were lodgers, it can end up so that each one of them is jointly and severally liable for rent arrears.