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Bailiffs are our last resort

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  • jillconey
    jillconey Posts: 53 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    I’m feeling slightly calmer as re reading and re reading I think the clients is us and we had until today to get the money side of breathing space lifted.  We panicked as barrister said they could appeal and we would have to give back procession. 
  • anselld
    anselld Posts: 8,646 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    It seems unclear if the moratorium applies to the debt, the posesion or both.  If it is just the debt then the bailiffs can continue and to be honest you can kiss goodbye to the debt anyway.  However you still need to get a bailiff appointment sorted do you not?
  • jillconey
    jillconey Posts: 53 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Baliffs, locksmith and dog handler in place for Monday. Agree it’s not clear but pinning hopes on the judge that separated them. We can’t do anything to the determent of tenants (laughable) but as we think they have left  and it doesn’t help their debt as it’s increasing it’s been separated by judge
  • Sarah1Mitty2
    Sarah1Mitty2 Posts: 1,838 Forumite
    1,000 Posts First Anniversary Name Dropper
    jillconey said:
    I’ve just returned from court. The tenants didn’t attend  as “very short notice”.  Basically the judge clearly wanted to evict today and stated as much but the wording if the breathing space is very badly written and it took over an hour for her and our barrister to untangle and form agreements. It was eventually decided that the money side would have to stay it breathing space but we could evict as we believe they may have left our night. Breathing space states never can be done to the detriment of debtor (laughable).
    so baliffs were instructed to evict today and I raced down to house where my sister was waiting. Last time baliffs appeared after 5 mins but after 20 mins I rang court. To be told that breathing space was still in place!  I said not it’s not, please fund the judge or my barrister.  Telephoned my solicitor and she had been told the same so we raced back up to court, we’re I was told by clerk my solicitor would call me to explain but nothing was happening today.  It seems judge was very apologetic but a mistake had been made on order and crossed wires so baliffs couldn’t attend today. Dog handler had been paid for extra hour but had to leave for another booking,
    solicitor has the telephone number of baliff manager and have been told they will expedite it. 
    I’m absolutely shattered. My head is banging. Today has cost £2212 and that is with barrister reducing her fees due “to these vile people “ and we are no further  forward. 
    I am really feeling a lot of sympathy for you reading that, what a terrible stressful situation, there has to be a change in the law where people on benefits can run up maybe 3 months arrears and then the rent payment portion of their benefit money reverts to the landlord as a direct payment, or if employed after a certain amount of time wages or assets can be seized without much court time being wasted, I think the government should set up a scheme where rent arrears triggers a community work program or something similar if a tenant is just not paying, the tenant could work in the community and the government could make a direct payment to the landlord in lieu of the work done or something like that.
  • macman
    macman Posts: 53,129 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    If you suspect they have done a flit then why don't you attend the property, or send someone else to check? It should be obvious if they have surrendered possession, and you can then enter without the need for bailiffs, locksmiths, or dog handlers, thus saving further expenditure.
    If they haven't left, you will have lost nothing.
    No free lunch, and no free laptop ;)
  • diystarter7
    diystarter7 Posts: 5,202 Forumite
    1,000 Posts First Anniversary Name Dropper
    macman said:
    If you suspect they have done a flit then why don't you attend the property, or send someone else to check? It should be obvious if they have surrendered possession, and you can then enter without the need for bailiffs, locksmiths, or dog handlers, thus saving further expenditure.
    If they haven't left, you will have lost nothing.
    Hi

    Exactly how I felt as I read through the poasts.

    OP, good luck and please keep calm

    Personally, I'd chase and chase them via debt collectors as it will win the up

    I still feel T's have it too much in their favour, esepcially the ones that know how to play the system.

    Good luck OP and I hope the T's meet their match next time.

    :).
  • jillconey
    jillconey Posts: 53 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    macman said:
    If you suspect they have done a flit then why don't you attend the property, or send someone else to check? It should be obvious if they have surrendered possession, and you can then enter without the need for bailiffs, locksmiths, or dog handlers, thus saving further expenditure.
    If they haven't left, you will have lost nothing.
    It’s illegal. Plain and simple for us to set foot on property. Would be classed as illegal eviction. They also have have serval cameras around the property. 
  • jillconey
    jillconey Posts: 53 Forumite
    Part of the Furniture 10 Posts Combo Breaker

    Exactly how I felt as I read through the poasts.

    OP, good luck and please keep calm

    Personally, I'd chase and chase them via debt collectors as it will win the up

    I still feel T's have it too much in their favour, esepcially the ones that know how to play the system.

    Good luck OP and I hope the T's meet their match next time

    i asked the barrister our odds at last court hearing and was told not good. I said don’t landlords have rights ?  She replied , no, not it this situation with Stepchange “. 
    Chasing the debt ?  Even the judge said “let’s try to tangle the breathing breath for the house as unlikely to get any money from them”……that’s not to say we will give up but our main concern at present is to get house back to sell.
    feel utterly powerless, like a bad game of chess, waiting for their next move. Many, many people have advised dragging them out. Much as I’d like too  (by the hair) the law is firmly on their side. We can’t go near the house and they have cameras everywhere, and I do mine everywhere. Blinds down with cameras through slats. It’s killing my brother in law knowing they as watching us gathered in street waiting for baliffs that simple dint turn up. I’ve never seen him so angry and in 40 years of knowing him I’ve never heard him use the language he did that day ! We know they are just laughing at us.  
  • marcia_
    marcia_ Posts: 3,453 Forumite
    Sixth Anniversary 1,000 Posts Photogenic Name Dropper
    jillconey said:
    macman said:
    If you suspect they have done a flit then why don't you attend the property, or send someone else to check? It should be obvious if they have surrendered possession, and you can then enter without the need for bailiffs, locksmiths, or dog handlers, thus saving further expenditure.
    If they haven't left, you will have lost nothing.
    It’s illegal. Plain and simple for us to set foot on property. Would be classed as illegal eviction. They also have have serval cameras around the property. 
     You can go knock and listen at the door and look for signs of life 
  • elsien
    elsien Posts: 36,135 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    marcia_ said:
    jillconey said:
    macman said:
    If you suspect they have done a flit then why don't you attend the property, or send someone else to check? It should be obvious if they have surrendered possession, and you can then enter without the need for bailiffs, locksmiths, or dog handlers, thus saving further expenditure.
    If they haven't left, you will have lost nothing.
    It’s illegal. Plain and simple for us to set foot on property. Would be classed as illegal eviction. They also have have serval cameras around the property. 
     You can go knock and listen at the door and look for signs of life 
    So you knock and listen at the door. Potentially spoiling the quiet enjoyment of the property. And if you don’t hear a noise what then? You still can’t go in - They might be asleep upstairs they might be out at work. As the OP says, the last thing they need is a harassment claim on top of everything else. 
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
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