Bailiffs and Shop

Justin_GB

Hi,
As part of our house we have a shop under and the flat over. As we have a shop which is open to the public does a bailiff have the right to enter the flat via our open shop if the internal door to the flat entrance is locked ?

Do bailiffs give a warning that they will be calling. So far I have defaulted on a loan repayment, I have had a letter from the loan company stating that my credit rating will be effected, but so far no other threats of action. It is a bit complicated as I decided I no longer wanted the loan and my bank have returned the funds to the loan company but there is still confusion where they have put the funds.

My worry is each time I open the shop a bailiff may come in and there will be nothing I can do, what I really need to know is will I get a warning before this can happen, or should I close the shop just in case, but then I have no income to pay off my other debts,
Thanks,
Justin

BAILIFFCHASER

If You have only defaulted then a bailiff will only get involved once this gets to court and you loose the case and a warrant is issued.

Justin_GB

Thank you, it is a weight off my mind

rog2

If you pay Non Domestic Rates for the Shop, and Normal Council Shop for the Flat, then they will be classed as two separate entities, and it would be considered as 'Forced Entry' if a Bailiff were to break the door to your flat down.
However, as previously mentioned, a BAILFF can ONLY call as a result of a defaulted Court Order - with the exception of collecting unpaid fines or Council Tax - so you should have NOTHING to worry about.
Just be carefull, though, some 'Debt Collectors' may try to mislead you into believing that they are in fact bailiffs, and try to claim right of entry, when in fact they have no legal powers whatsoever.

BAILIFFCHASER

Any problems comeback and we will guide you in the right direction.

Justin_GB

Many thanks, will do. It is the waiting game that is a killer, not knowing what will happen next. Many thanks for your support, it is appreciated,
Justin

BAILIFFCHASER

Just a quic idea.
1. you default on a loan.
2. Company spends the next 6 months trying to get you to pay without sucess.

3. Company will start issuing letter warning of court action (3months)

4. If amount is under a certain amount it would not be economical to chase in court.

5. if summons is isuued and you defend you could be waiting for 3-6 months for a hearing.
6. By the hearing you could have issued a cca request and subject access request.
7. when the hearing eventually arrives you may or not get a decision first time round and it may be adjourned for 3 months or suspended on terms.
8 you again suspend payments the company takes you to court. Again 3-6 month wait.

9. Hearing the dompany gets a ccj against you and then they apply for a warrant of execution then you apply to have the warrant suspended. It goes on and on. You are looking at 2 years before bailiffs come in.

rheme

Have a look at this website re understanding what a bailiff can do.

http://www.insolvencyhelpline.co.uk/identify_problem/bailiff_problems.htm

In the event that they do turn up have to hand proof that you cancelled the loan and that the bank returned the money, however, the problem lies with where the loan company has put the funds.

Most bailiffs are reasonable people and if they see that you are not at fault then this will help.

Good Luck