Urgent help required re bailiffs

chocaholic110

Help, I need urgent advice for a friend. Just over two years ago he split up with his wife. A couple of weeks later they had a ppi repayment reclaim paid out for a couple of thousand pounds. He agreed she could have the money on condition she paid their council tax, water rates and mortgage arrears and payments until the end of the year.

A few months down the line he discovered the council tax hadn't been paid and he ended up paying it. Shortly afterwards the house was repossessed through non payment of mortgage.

Fast forward to last week and a letter arrives at his sister's house (where he lives) in his name and one in his wife's name (who has never lived there). He opened his to find it was an enforcement order to get back fees that should have been paid to the PPI reclaim company (I'm a bit hazy on this as not sure how it works) saying it's been to county court and they now owe £1000. He was fuming but emailed the company and agreed to pay half. The company have now written saying he is liable for all £1000 as they can't find his wife (even though he's given them her new address) and if he can't pay £1000 by Monday the bailiffs will come and take property. It's his sister's house where he literally owns nothing but his clothes. He's offered to pay in instalments but they won't accept that.

Is there anything he can do?

National_Debtline

Hi chocaholic

Let's assume for now that the PPI reclaim debt is valid and not disputable.

The debt may be owed in joint names but unfortunately it can't just be split down the middle - both parties are liable for 100% of the balance, and it won't matter to the creditor who pays what so long as it recovers its money.

Any bailiffs who visit will have no right to force entry to the property. They should not be allowed in.

They can only try to seize goods believed to belong to the debtor. Therefore his sister should have nothing to worry about - even if she has a car outside the house it would be simple enough to show the relevant paperwork to prove ownership.

If he has worked out what he believes is a realistic and manageable instalment plan, he should continue to offer that regardless of the bailiffs' responses, and if he can make payments online that will reduce the interaction he needs to have with the bailiffs themselves.

I'm going offline now so that's all I can contribute right now but no doubt others will be along to chip in shortly. Plenty more info on bailiffs generally here:

https://www.nationaldebtline.org/EW/information/bailiff-action/Pages/default.aspx

Dennis
@natdebtline

fatbelly

If they go for a warrant of control (bailiff action) on a ccj, then defend it with an N245, suspending the warrant and varying the order to an instalment arrangement.

https://www.nationaldebtline.org/EW/factsheets/Pages/08%20EW%20County%20court%20-%20suspending%20a%20bailiff%27s%20warrant%20or%20reducing%20instalments%20on%20a%20county-court%20judgment/Default.aspx

If you had a defence to the court claim but were unable to make it as the claim was not sent to your address, you could try for set aside

https://www.nationaldebtline.org/EW/factsheets/Pages/12%20EW%20County%20court%20-%20how%20to%20set%20aside%20a%20judgment/Default.aspx

chocaholic110

Thank you. I'll pass all that on!