Bailiffs help

stuart30

kimplus8 wrote: »

I was going to but then lots of people on here and in real life said it was shirking my responsibility to pay so I decided to set up payment plans.
I'm trying to do the right thing but it seems so hard when I keep getting knocked when I'm already down.
I think Bankruptcy is the better option TBH as I'm scrimping to pay £150 a month off my debts, and TBH if it wasn't for the foodbank we wouldn't have eaten recently.
I just don't want people to think I took the easy way out, I just want to do whats best but it seems its not good enough in the eyes of these people as every creditor seems to think that their debt is more important than all the others.
I am going to go with my original plan and go bankrupt as this payment plan just isn't working.

The old stigma regards Bankruptcy is long gone...hell big business do it every day,do we judge them...na if it helps your situation then do it.

We went Bankrupt 6 years ago last friday...its amazing how quickly that time passes.

Never been in a better state of mental health or money wise...still dont have much but hell of a lot more now we are free of past mistakes.

Good luck with it.:)

fisherking

I will try to keep this as short as possible.

My daughter had a car she was learning to drive in, once she passed her test my ex wife canceled the insurance on the car. My daughter tried to get insurance, but could not find one she could afford so had to sell the car, this took about 2 months since no one seemed to want it. She did not drive it during this time.

Then about 8 months after this she received a letter saying she had been taken to court for not having insurance on the car, and had to pay about £350. It seems they had sent letters to my ex Wife's old house for my daughter, so she didn't get them, but when they had fined her they found the right house no problem.
My daughter is 19 and only has very little income, I believe it's about £46 a week with benefits and the is on a training course she is on. She phoned the court to try to make a payment plan but they wouldn't except anything she could afford, so she fell behind with the payments.

She received a letter stating it was now passed on to bailiffs to collect, so she went to a cab. They told her not to let them in, and they would contact the courts to get a proper payment plan that she could afford on her low income.

A bailiff then turned up at the door Yesterday asking for my daughter, I was in work and my daughter was on he training course, my brother was here and went out the back door to and walked round the front to ask him what he wanted (he knew it was the bailiff and knows not to let him in!). He asked for my daughter and was told she was not in. He then posted a letter with some very big charges on it, from Marston Holdings .

He came again today and got no answer, my brother was here but I was again in work and my daughter on the course. This time a letter was posted informing a my daughter that he would be returning to get goods from the house, and a locksmith may be called.

Now I'm not that worried as long as me or my brother is here, most of this if not all is to frighten.
My daughter is now going to go back to the cab to find out what's happening, and if they have done anything.

I just need to know where I stand on a few things,


This is my house, I have a mortgage. My daughter came back to live with me shortly after passing her driving test. She does not have or own anything in this house, apart from her clothes and makeup.

There is no way I have receipts for everything in my house, I don't see how I would have to prove that I own everything my own house.
If they did come with a warrant from the court to gain access how would this work, again it's my house, I have no debt with them. It would be my front door that would get smashed in.

And this is no joke, she has nothing they could take. So anything of value WOULD be mine.

I just don't want to come home from work one day to find my door smashed in and all my things gone.

Thanks for any advice

sourcrates

Hi fisher king,

County court bailiffs or High Court Enforcement Officers can break into business property. In practice, it is rare for these types of bailiff to force entry to private property, but they can for certain court fines.

Also, remember that other types of bailiff should not force entry if they have not been in before.

I would get some expert advice on this ASAP :

https://www.stepchange.org/debt-info/debt-collection/bailiff-help-and-advice.aspx?WT.srch=1&gclid=CMDrwsr8v9ACFUtsGwodv3sH0g

Marktheshark

A bailiff for council tax only has a liability order, this is not a court warrant.
It is basically a spell, words on paper and the only power attached to it is what you give to it in belief.

sourcrates

Marktheshark wrote: »

A bailiff for council tax only has a liability order, this is not a court warrant.
It is basically a spell, words on paper and the only power attached to it is what you give to it in belief.

It's a court fine for having no insurance, so but more serious !!

fisherking

Still confused.
Not my debt, everything of value in my house is mine.
if they turn up trying to remove my property and I'm here, can I stop them ( I will anyway, they are not taking my things).
Am I right in thinking these ARE County court bailiffs or High Court Enforcement Officers?
I believe that they are still not allowed to take goods from anyone other than the person who owes the debt.
What paper work would they need in order to force their way into my house, and what would it look like?

sourcrates

fisherking wrote: »

Still confused.
Not my debt, everything of value in my house is mine.
if they turn up trying to remove my property and I'm here, can I stop them ( I will anyway, they are not taking my things).
Am I right in thinking these ARE County court bailiffs or High Court Enforcement Officers?
I believe that they are still not allowed to take goods from anyone other than the person who owes the debt.
What paper work would they need in order to force their way into my house, and what would it look like?

That's correct, but you would need to produce receipts.

fisherking

I have a 3 bedroom house, who keeps receipts for all the things in the house?
I have over the years bought a lot of things through ebay and car boots, also from shops. I'm really not in the habit of keeping receipts, and I fail to see how anyone would have a receipts for everything in the house.
Surely you can't be telling me that they can take everything of mine that I can't prove is mine? That would be absolutely ridiculous.

kaya

Marktheshark wrote: »

They will make 3 visits.
If they are ignored each time and the property is secure they can not enter unless you fall for the tricks and threats and let them in.
Think Vampire, they have to be invited in.

After 3 visits, the council will then deal with you directly, you do not have to pay the Bailiff charges as you have no contract until you make one with the bailiff.

Ignore threats about locksmiths, vans and police, lock up do not contact them and they will give up after the third attempt and you can deal with the council,make it clear you are only paying the amount owed in council tax.

this is the correct information, they only get a few tries to collect their money and if they fail they don't get paid, the option other than ignoring them is to open an upstairs window and repeat the phrase "wibble,wibble,wibble" repetitivly with a pencil stuffed up each nostril :-) this way you get to watch them stew a little:-)

kaya

fisherking wrote: »

I have a 3 bedroom house, who keeps receipts for all the things in the house?
I have over the years bought a lot of things through ebay and car boots, also from shops. I'm really not in the habit of keeping receipts, and I fail to see how anyone would have a receipts for everything in the house.
Surely you can't be telling me that they can take everything of mine that I can't prove is mine? That would be absolutely ridiculous.

rediculous yes, 100% true as well, the onus is on you to prove the stuff is yours