Could the banks break into my flat to recover debts whilst I'm in Oz

chris.holland

What happens if someone is out of the country and owes money to a bank.

In my absence, could they go to the courts and get permission to break into my home and recover the debt?

What's a 'Bailiff' as opposed to a debt collector?



With any luck, I should be able to pay it all of before October, so this shouldn't be a problem. I'm moneysaving like mad to get this paid off!!!

humanitas

Yes they could and may well do so.

Debt collectors/debt collection agencies are private enterprises whereas bailiffs are Officers of the Court.

Astaroth

As humanitas says, Bailiffs are appointed by the courts to recover court awards that have been declared in default.

If bailiffs have been in the property previously (only needs to be a foot in the door) then they are entitled to gain entry to your property at their discretion as long as they dont cause damage gaining entry - normal thing is ladders up to open windows on the top floors etc.

If they havent gained entry previously or cannot gain entry without causing damage they are not entitled to enter the property on their own. I dont know the exact process but by involving the police they can then force entry.

AMILLIONDOLLARS

In hindsight, wouldn't it had been better if you had used the money that you are paying for this trip to pay off your debts instead Then save for OZ debt and worry free!!

kenshaz

humanitas wrote:

Yes they could and may well do so.

Debt collectors/debt collection agencies are private enterprises whereas bailiffs are Officers of the Court.

No bailiffs cannot break into your house,only if you invite them in or they gain access via an open door or window,you would have to make sure everywhere was absolutely secure,then if they entered it would be them breaking the law,and breaking in,but legally they cannot do that.
The police cannot get involved unless a crime has been commited,they are not debt recoverers,why do people always assume that police can be brought into a situation.
Please stick to facts for this poster ,it is important for their decision making

kenshaz

humanitas wrote:

Yes they could and may well do so.

Debt collectors/debt collection agencies are private enterprises whereas bailiffs are Officers of the Court.

Why are you telling the post they can break in?causing upset

kenshaz

AMILLIONDOLLARS wrote:

In hindsight, wouldn't it had been better if you had used the money that you are paying for this trip to pay off your debts instead Then save for OZ debt and worry free!!

You do not know the circumstances of the visit and any how that was not the question ,let people live their own lives

AMILLIONDOLLARS

I made a valid point, Chris.Holland owes money to his bank or whatever and is really worried that whilst he is away, he'll be cleaned out by the bailiffs, He wont be living much of a life if he comes back to an empty flat/house!!!

blissfulbabe

Perhaps a more balanced answerto the OP's question would be 'yes, they could -if they have been to court and obtained a CCJ'.

No-none (person or institution) has the right to break into the OP's home over a financial dispute unless they have permission from the court or unless they are a certified bailiff who has had access to the property previously.

But I do agree with the previous poster - you really should deal with this debt before you go. If a debtor does take you to court while you are away you may well come back to a nasty shock. How long are you planning to be away for?

valiant

blissfulbabe wrote:

Perhaps a more balanced answerto the OP's question would be 'yes, they could -if they have been to court and obtained a CCJ'.

More inaccurate advice. Even if they've been to court and have a CCJ they still can't enter your house if it's securely locked and you don't give them permission. Mind you, they would be entitled to take your car or any other belongings left outside the property. A county court judgement (CCJ) is simply a statement by the court to say that you owe the judgement amount and that the creditor is allowed to confiscate any of your property that they can access (up to the value of the judgement amount) as long as they don't have to break the law to get access to it (e.g. breaking and entering). Your creditor would need to take further legal action to enforce the CCJ if they want to confiscate any property they haven't got legal access to.....and that's normally VERY difficult for them.

If you own the house then usually the next step would be that they would go back to court again and apply to get a 'charging order' put on the property, which means that a note is placed on your property's entry at the Land Registry saying that if/when the property is sold your creditor must be satisfied out of the sale proceeds (including interest accrued on the charge amount and court costs).

I'm a little rusty about the next step. As far as I'm aware they can then apply to force a sale on the property but the courts would be very slow to grant them that if the amount is relatively small and the property is your main residence.

But there's usually no need to let things get that bad! The best advice if you find yourself in this situation (no matter HOW bad the situation is) is to approach the bank yourself. Explain your financial situation. Offer to pay them what you can afford on a monthly basis. They will usually accept incredibly small amounts if they feel you're being straight with them. If you can't come to a satisfactory arrangement with them then ask them to direct you to their preferred independent 'debt counseling' service. The debt counseling service will interview you and take your financial details and then offer the bank an amount you can afford. The bank will then usually accept that offer.

Try to avoid having the debt registered as being 'in default' or getting a CCJ. Both would have very serious long-term consequences for your credit rating. Having said that, one of the advantages of having a debt registered as 'defaulted' is that you'll usually find that the interest will be frozen.

C_Ronaldo

AMILLIONDOLLARS wrote:

In hindsight, wouldn't it had been better if you had used the money that you are paying for this trip to pay off your debts instead Then save for OZ debt and worry free!!

i agree with amilliondollars, the sensible thing would have been to pay off the debts and save oz for another time