Bailiffs- a little quick advice please.

hlmurray

In december I did some work for someone for 2 weeks, they failed to pay me as agreed and pursued a claim in small claims that I had caused damaged basically costing the same as what they had agreed to pay me. When the court papers came through I was having a hormonal treatment which had sent me into a super serious depression and at the time I couldn't deal with them and just ignored them (I know, I know), so judgement went against me by default and so my 2 weeks of hard slog ended up with me getting nothing but a CCJ. I haven't paid the CCJ, as part of me thinks well I don't even owe the b&^%ch the money but mostly because I am a single mum with 2 small kids and a part time job and so money is tight to say the least. I have just returned from being away to a letter from a county court bailiff saying they have been to my property to serve me some papers and that I must contact them immediately. Does this mean they are going to come hassleing me at my house??:eek: Can I just contact them and offer to make payment on my pay date (2 weeks away) or will they not accept that??? How much are they likely to have bumped the bill up? Will I be able to pay in installments. I am terrified of someone coming in my house and taking my stuff and would just like to know my rights. Are they not meant to send you some kind of warning letter before they turn up?? I've had no contact since the judgement from anyone.

pania

Hiya Hl.

Ok, so, re this scenario. don't feel bad for not being able to face the scenario as it arose. you were in a bad place then, which we all go through, the thing now is to tackle mr bailiff.
Yes they will more than likely visit you at your house so keep the windows closed when you go out and all doors locked. keep a chain on your door and speak to them either only through an upstairs window or the letterbox.
Bailiffs are only allowed to gain peaceful entry into a property and not force or barge their way in. however once they have gained entry peacefully they can force entry on further occasions.
They are only allowed to apply fees for the 1st and 2nd visits and their is a cap on how much they are allowed to charge.
have a look at www.bailiffadviceonline.co.uk or send herbie21 a PM.
you could try calling them and offering them a payment, however there is no guarantee this will be accepted. but if they refuse just keep going on and on and on and on about it somepeople here, when the bailiff has realised they won't give in to their threatening intimidating ways have backed down and agreed to installments.
If you have a car, park it well away from your house so they can't take details of that or list it for seizure.

Regarding the scenario here, do you believe that you did cause the damage that the lady says? does she have evidence of this? someone else will be along shortly that may be able to advise you if you can take further action regarding the claim made against you if you can prove that your work was of a high standard and there was no way that you caused the damage.
Did you have public liability insurance whilst carrying out the work? If so that may well help you out in theis scenario.
Take care
P
xxx

hlmurray

I just spoke to the bailiff and he said he needs to give me an N39, a quick google search on this mentions lots of things about jail, HELP, please I don't understand what is going on.:(

pania

HL murray! hon, he is trying to scare use with use of jargon and not explaining things to you. please don't panic and have a look at the website that i posted above. that will set a lot clear for you.
these guys are bully boys that do exactly this to get you to pay up.
big hugs for you hon.
xxx

pania

<FONT face="Arial, Helvetica, sans-serif" size=2><SPAN style="mso-fareast-font-family: 'MS Mincho'"><B>11.8.1 Form N39

<FONT face="Arial, Helvetica, sans-serif" size=2><SPAN style="mso-fareast-font-family: 'MS Mincho'">11.8.1 Form N39

hlmurray

I've read up and I guess I would just have to go and tell the court my income and expenditure, that would be funny as that doesn't balance as it is. If I borrow the money off my grandparents would I be able to just go and pay the woman and not have to go through this or is it too late now??

pania

was trying to post some info i found on the net but it wouldn't work.

Basically an N39 would appear to be a document that compels you to attend at court on a certain day and date to reveal your means to the judge. so long as you attend then the judge will make his order of how much you are to pay per month and that is usually the end of the matter

the bailiff will need to attend your address to serve the notice as "service of notice must be proved" but when he/she does please please do not open the door to them buyt ask them to pass it through the letterbox so you can sign and pass it back. Have a look at this link which i was trying to paste that will tell you all about it. http://www.jsboard.co.uk/civil_law/cbb/mf_11.htm

Also do you have any information or a signed quote from her showing the amount that you quoted, and that was accepted for the work? i'm sure the judge would find it a bit bizarre that the amount claimed was exactly the amount quoted for the work.

Hope that helps
XXX

pania

my guess is you would have to pay the court, along with their fees and to get it all in writing that you have paid and it is settled.

LilacPixie

Sorry i'm a little lost.

If the woman owes you for 2 weeks work, then refuses to pay you as she claims you caused damage to her property costing the same amount to put right how can you owe her any money?? Is it because she did not reveal that she did not pay for the work??

If that is the case could you enter counter claim for wages etc??

hlmurray

Yeah I rang the bailiff again and he seemed to think I just had to pick up the form and then I could take it round to the fines office and pay it and that would be the end of it- he didn't sound overly convinced though and I don't really trust him, so any reassurance much welcomed.
I don't deserve this, I did someone a big favour and this is how they repay me- what goes around comes around as they say- so hopefully she will get her dues.:mad:

pania

i think it's as the OP didn't attend court the judgement went against her. i'm hoping that fermi will pop along or someone who knows if it is possible to appeal this now or not. Or that the OP PM's herbie who should be able to answer that question for her, but i certainly agree.