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Debt out of control - baliffs appointed

Hi, hope someone can get me out of a jam.

A close relative of mine has debts that have got out of control and has had a letter from Milton Keynes County Court advising that baliffs have been appointed for a debt to the open university. The baliffs are due to call on the 20th of April. I only found out about this on Fri PM and it was too late to call as the telephone line is only open 08:30am to 10:00am.

Apparantly the open university have refused to speak to him about this debt and he plans to speak to the courts on Mon to get a payment plan but he is out of work so can't repay the full amount which is just under £500 in one go. He lives with me, but does not own anything in the property, which is in my name.

I have advised him to get a list of all his debts and call the CAB ASAP. He is currently calling round the agencies in the area to get some work so hopefully will have an income soon. In the meantime need advice on what to do about the baliffs and the o/s amount.

Thanks in advance
"There are only two lasting bequests we can hope to give our children; one of these is roots, the other wings" - Hodding Carter

:A ~~~ S
pread some good Karma ~~~ :A
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Comments

  • fast_track
    fast_track Posts: 78 Forumite
    Don't let them in, don't leave any windows open, park your car somewhere else, Fill in the court forms and make an affordable offer of payment

    good luck
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    The bailiffs cannot take anything that doesn't belong to him.

    Put a chain on the door, and use it when you answer the door. Tell the bailiff that you are the householder and that your relative is just staying with you, but that everything in the house belongs to you. If you have a rent book / mortgage documentation to prove that you are the householder, it might be worth making a photo-copy to show them as proof, although this is not strictly necessary.

    At least they are County Court Bailiffs. They tend to be fairly reasonable, so hopefully this should be enough to keep them off YOUR back. But the bailiffs costs will be added to your relative's debt, so it is going to keep increasing until he gets a payment plan agreed, and sticks to it.

    One other thing - he must have ignored a lot of warning letters and court documents for things to get this far, which means there may well be other debts or court proceedings that you don't know about.

    Good luck

    Daisy
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • BoltonMinx
    BoltonMinx Posts: 1,382 Forumite
    Thanks both, he will fill in the form on Mon so hopefully the visit will be cancelled.
    "There are only two lasting bequests we can hope to give our children; one of these is roots, the other wings" - Hodding Carter

    :A ~~~ S
    pread some good Karma ~~~ :A
  • BoltonMinx
    BoltonMinx Posts: 1,382 Forumite
    Just a quickie, he spoke to the baliffs today and I think they're trying to be sneaky and have told him they will drop off the form tommorow. Im fuming as I asked him to go to the court and fill in the form himself this morning! I doubt this is standard practice, she just happens "to be in the area" :( I think she's trying to get in quick tommorow or am I being paranoid ?
    "There are only two lasting bequests we can hope to give our children; one of these is roots, the other wings" - Hodding Carter

    :A ~~~ S
    pread some good Karma ~~~ :A
  • scheming_gypsy
    scheming_gypsy Posts: 18,410 Forumite
    when i lived with 2 of my mates 1 said he was paying the council tax but wasn't - and hiding the reminders. We had the debt collectors come round and that was the first we knew about it. We just phoned them and arranged a payment plan and payed it off as quick as possible
  • shrek101
    shrek101 Posts: 2,249 Forumite
    You don't have to allow Bailiffs in your property. Also NEVER trust them some of them are scum. If I answered the door, I would inform that if they have anything to say and or you, I will be recording the conversation for my records. They will then hopefully be careful what they say and do.

    I posted a link in the thread about council tax in discussion forum about your rights. They often don't tell people of there rights and use intimidation and bully boy tactics.

    No longer a user, goodbye folks. PLEASE delete my account. Thank you
  • Iona_Penny
    Iona_Penny Posts: 699 Forumite
    Part of the Furniture Combo Breaker
    First I just want to point out that most people including some who have posted here cannot distinguish between count court bailifs and those private debt collectors who call themselves bailiffs such as those who appear on the ttv programmes.
    A county court bailiff will serve a warrent that has been issued for all or part of the debt. It is possible your relative will have to complete a form to declare their total income and out goings and maybe this is the form you mention. Either way the debt has to be faced; also contrary to popular belief they ae not in the habit of breaking down doors and seizing the telly - you may think its worth £600 say but it may only realise £50 at auction.
    I have to say that the debt will probably have been outstanding for a while before a warrent was issued it is not likely to have happened overnigh.
    Your relative MUST speak to the bailiff, this will not go away or be resolved by not opening the door.
  • Iona_Penny
    Iona_Penny Posts: 699 Forumite
    Part of the Furniture Combo Breaker
    p.s county court bailiffs do not collect council tax
  • burbs_2
    burbs_2 Posts: 1,174 Forumite
    The debt will not go away by not opening the door to a bailiff but if you do open the door and allow them in once this gives them open invitation to your house in the future. Once they have been invited in they are allowed to break into your property in the future. DO NOT LET THEM IN, you have no obligation to answer the door to them, whether they know you are in or not. Speak to them via the telephone, but whatever you do do not let them in. Check out debtline or similar websites for their EXPERT advice on bailiffs and they all state that you must not allow them in.
  • Debt_Free_Chick
    Debt_Free_Chick Posts: 13,276 Forumite
    10,000 Posts Combo Breaker
    The National Debtline believe this is relatively easy to deal with. Full details here

    http://www.nationaldebtline.co.uk/england_factsheets/factsheet_08.php3

    As others have said, he must have ignored other demands for this debt. He's even ignored a County Court Summons!! There will be other debts, so get him to follow this Self Help Pack and call the National Debtline for help

    http://www.nationaldebtline.co.uk/england_factsheets/debt_advice_england_wales.php3#3
    Warning ..... I'm a peri-menopausal axe-wielding maniac ;)
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