Bailiff Powers, advice and help please

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Playaolid
Playaolid Posts: 8 Forumite
in Debt-free wannabe
I have numerous debts and will elaborate more later but have an immediate concern.

I have arrived home from work to 2 letters from my local county court. One is for £180 one for £424, both are to do with old finance agreements or loans etc, def not criminal, vat or council tax.


In the letter it says the bailiff will apply to the district judge to force entry into my home

I know I have ccj’s for these 2 amounts, I know I am guilty of burying my head in the sand.

I have no chance of paying either off until the end of June, when, I could probably pay both in full.

Is the letter correct? Can a county court bailiff apply to a district judge to force entry into my home?

Will they actually do it?

I can call the bailiff to offer to pay at the end of June but doubt they’ll accept that will they?


Seriously worried so would appreciate any help

StepChange told me they can force entry, but all info I can find online says they can’t
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Comments

  • Fingersoffish
    Fingersoffish Posts: 28 Forumite
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    I'm no expert. I've 'thankfully' never had the unpleasantness of bailiffs.

    As far as i know however, they cannot physically FORCE entry to your home. I do believe that if refused entry they can ask the police to grant them entry providing they have a court order.

    For your other questions, I'm sorry but I just don't know enough about the process to help!
  • CIS
    CIS Posts: 12,260 Forumite
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    edited 17 May 2018 at 4:06PM
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    The power of entry for enforcement agents depends on the type of case they acting for.

    As far as I'm aware County Court bailiff's do not have the power to force entry to a residential property regarding a CCJ unless they have a County Court warrant under part 84 of the CPR to do so. They may then be allowed the further powers to use reasonable force to gain entry, upon permission to do so from the court, as per paragraph 20 of schedule 12 to the Tribunals, Courts and Enforcement Act 2007.
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • Playaolid
    Playaolid Posts: 8 Forumite
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    Thanks for the replies, I have to be honest I’ve never heard of this before so I dont know if it would apply to me and I’m using a pay as you go dongle to get online so my internet is rubbish, the site is very hard to read on the phone sorry
  • sourcrates
    sourcrates Posts: 28,878 Ambassador
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    edited 17 May 2018 at 5:53PM
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    Some info here :

    https://www.gov.uk/your-rights-bailiffs

    These will be county court bayliffs, they cannot force entry to private property unless they are chasing certain criminal fines.

    As these are consumer credit debts, you will be ok as long as you keep the doors locked.

    Letters from these companies tend to over estimate their actual powers.

    As they are fairly small amounts, pay what you can, when you can, and ignore the men at the door, deal direct.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • Playaolid
    Playaolid Posts: 8 Forumite
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    Hi thanks for the reply.

    The letters aren!!!8217;t from a private company they are directly from the county court with a named bailiff on them.

    They are actually full of spelling and grammatical errors which i find amusing, one isn!!!8217;t even dated.

    They are generic photocopies that have had my account detailsand address hand written onto.

    The bailiff is one I have dealt with before, she is, to be blunt, horrible. She threatened to come with a van and empty my house.

    I genuinely don!!!8217;t have anything to sell to pay them but will any anything I can.

    It says they are going to apply to the district judge to force entry to enforce the warrant. If they can!!!8217;t do this, why would they put it in writing? Bear in mind it!!!8217;s directly from the county court not a private firm?
  • CIS
    CIS Posts: 12,260 Forumite
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    It says they are going to apply to the district judge to force entry to enforce the warrant. If they can!!!8217;t do this, why would they put it in writing? Bear in mind it!!!8217;s directly from the county court not a private firm?
    The Civil Procedure Rules allow an application to be made but the court must approve it and there must be good reason to allow the entry - it's not a power they have without applying to the court for permission. It's very unlikely to be granted unless there is a very, very good reason why.
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • Playaolid
    Playaolid Posts: 8 Forumite
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    Hi, ok In a Way I feel reassure dbut in a way I feel worse! I am willing to pay these debts I must stress that, but I am not able to make any payments until the end do June that I can guarantee, due to another bailiff issue taking all of my pay in May (council tax, Newlyn, I!!!8217;m paying it off I!!!8217;m one hit this month then it!!!8217;s done and gone)

    Can I write to the district judge pre-emptively to defend myself? On what basis do they make their decisions?
  • John-K_3
    John-K_3 Posts: 681 Forumite
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    Can you not sell anything, pawn anything, or take on a second job to get the money sooner?
  • Playaolid
    Playaolid Posts: 8 Forumite
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    Sell or pawn maybe, will try but no definite, second job, haha I actually got offered a job but let!!!8217;s just say it!!!8217;s not one I!!!8217;m morally ok with, (I!!!8217;m female, use your imagination lol), well, I!!!8217;m maybe ok with it but not alongside my main career which I won!!!8217;t jeapordise x
  • Playaolid
    Playaolid Posts: 8 Forumite
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    Sorry no idea why all the random numbers!
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