Bailiffs - what to do if they're coming!

Mrs_Money

Let's hope none of us will be visited by the bailiffs anytime soon,:eek:but this article has some useful advice - for example do you have to let them in? How can you stop them coming or getting in? When can they actually force entry? There's also some helpful links for further advice.
Have a look here.

fatbelly

Looks like a reasonable article but I think it's wrong to say that bailiffs collecting Council Tax arrears can force entry. I know the recent Act blurred things but I didn't think CTax was included. The National Debtline factshhet seems very clear on this point.

ticklepenny_2

If a Bailiff ever does turn up at your door do not let them in.
Talk to them through the letter box or an open window! Neighbours may think you have lost the plot but its better than the alternative.

Bailiffs are like vampires....let them in once and they will keep coming back whether you let them in for a second time or not.

If it is about Council Tax or a County Fine (parking fines) ask them to set up an arrangement. But bear in mind Bailiffs will charge you for each visit so it is best to come to an arrangement which doesnt involve them picking up the money: eg DD or Standing Order.

If it is regarding a County Court Judgement (CCJ) tell them that you are filling in an N245 also known as a "suspension for warrant of execution". If you don't have any of the details of the debt you can ask the Bailiff for these. You will need to know: Which Court? What is the case number? Who the debt is with? and the balance outstanding? The bailiff is obliged to give you this information.

N245 is available from your local county court or the website http://www.hmcourts-service.gov.uk/

Your local CAB, Payplan or CCCS will be able to offer you help in filling this form in. If you have never filled one in before it is a bit daunting but makes sense once someone has talked you through it.

Also please note Debt collectors are not Bailiffs and you should not worry if a creditor says that a debt collector will be sent round. Most cases it is used as a threat, and if they do turn up they just ask for a payment, which you have the right to say no. Debt collectors have all the legal rights of your neighbour asking you for money - NONE!

Phew hope that wasn't information overload :A

Mrs_Money

Well, Fatbelly, I've done some research and the direct gov website says that bailiffs can indeed force an entry to your house (of course with a warrant)
"Bailiffs trying to recover money you owe to HMRC are allowed to break into your home, providing they have a magistrates' warrant.
Bailiffs recovering unpaid magistrates' court fines, however, do have the power to force entry."
Of course they could be lying to us - I suppose it wouldn't be the first time.

Mrs_Money

I don't think the article specifically related to council tax, but anyhow the direct gov website says this about stopping the bailiffs coming-
"How to avoid being visited by county court bailiffs

If your debt is a County Court Judgment and a warrant of execution has been issued, you can try to stop bailiffs visiting your home by filling in form N245 at your local County Court making an offer to repay the debt, for example by instalments - this should always be an offer you can afford to keep. If accepted, this will suspend the warrant so long as you keep up-to-date with the agreed payments."
I hope that site's info is reliable - a lot of people use and trust it.

fermi

Mrs_Money wrote: »

"Bailiffs trying to recover money you owe to HMRC are allowed to break into your home, providing they have a magistrates' warrant.

Bailiffs recovering unpaid magistrates' court fines, however, do have the power to force entry."

Of course they could be lying to us - I suppose it wouldn't be the first time.

Hi Mrs Money.

I think you have just misunderstood each other here.

I think it was the part about bailiffs collecting Council Tax forcing entry on a first visit that they were disagreeing on.

The part about HMRC/fines that is referenced in the direct.gov link and your quote doesn't refer to Council Tax arrears.

National Debtline have a factsheet specifically dealing with bailiff rights when collecting unpaid Council Tax

From: Factsheet | Bailiffs & Council Tax

DO I HAVE TO LET THE BAILIFFS IN?

REMEMBER

If the bailiffs have not been into your home before to collect this debt, they have no right to come in. They cannot break in.

You can choose not to let them in.

• Don't open the door to them as they may try to push past you. If they get inside, they may have the right to enter again and may break in to take your goods.
• Don't leave windows open or doors unlocked - bailiffs can legally get through these.

INFORMATION
Bailiffs cannot get the police to help them break in.

WARNING
Some bailiffs may leave you a phone number, and arrange to come round to 'have a chat'. Don't let them in, even if they say it's only to use the toilet or make a phone call.

• Bailiffs may try to break into sheds, garages, greenhouses etc. even though this is illegal. Keep valuables safe. They may be able to take cars, motorbikes and other vehicles parked near your home.
• Politely but firmly refuse to let the bailiffs in. Offer what you can afford to pay. If the bailiffs accept your offer, ask them to return to their car and go out and pay them. Make sure you get a receipt.

fatbelly

Yes, the article says:

"A bailiff cannot force an entry to your home unless they are coming to evict you (for non-payment of mortgage or rent) or you owe some kind of Crown debt (a fine, for example, or tax to HMRC or you are behind with Council tax payments)."


The bit about Council tax should not be there. But the fact that it is does make me wonder about the reliability of the rest of it.