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    • Playaolid
    • By Playaolid 17th May 18, 3:36 PM
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    Playaolid
    Bailiff Powers, advice and help please
    • #1
    • 17th May 18, 3:36 PM
    Bailiff Powers, advice and help please 17th May 18 at 3:36 PM
    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 ccjís 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 theyíll 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 canít
Page 1
    • Fingersoffish
    • By Fingersoffish 17th May 18, 3:55 PM
    • 12 Posts
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    Fingersoffish
    • #2
    • 17th May 18, 3:55 PM
    • #2
    • 17th May 18, 3:55 PM
    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
    • By CIS 17th May 18, 4:01 PM
    • 10,493 Posts
    • 6,058 Thanks
    CIS
    • #3
    • 17th May 18, 4:01 PM
    • #3
    • 17th May 18, 4:01 PM
    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.
    Last edited by CIS; 17-05-2018 at 4:06 PM.
    I no longer work in Council Tax Recovery but instead work as a self employed Council Tax specialist. My views are my own reading of the law and you should always check with the local authority in question.
    • Playaolid
    • By Playaolid 17th May 18, 4:29 PM
    • 8 Posts
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    Playaolid
    • #4
    • 17th May 18, 4:29 PM
    • #4
    • 17th May 18, 4:29 PM
    Thanks for the replies, I have to be honest Iíve never heard of this before so I dont know if it would apply to me and Iím 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
    • By sourcrates 17th May 18, 5:48 PM
    • 14,034 Posts
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    sourcrates
    • #5
    • 17th May 18, 5:48 PM
    • #5
    • 17th May 18, 5:48 PM
    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.
    Last edited by sourcrates; 17-05-2018 at 5:53 PM.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Free Legal advice see : http://legalbeagles.info/
    • Playaolid
    • By Playaolid 17th May 18, 6:12 PM
    • 8 Posts
    • 0 Thanks
    Playaolid
    • #6
    • 17th May 18, 6:12 PM
    • #6
    • 17th May 18, 6:12 PM
    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
    • By CIS 17th May 18, 6:21 PM
    • 10,493 Posts
    • 6,058 Thanks
    CIS
    • #7
    • 17th May 18, 6:21 PM
    • #7
    • 17th May 18, 6:21 PM
    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 self employed Council Tax specialist. My views are my own reading of the law and you should always check with the local authority in question.
    • Playaolid
    • By Playaolid 17th May 18, 6:30 PM
    • 8 Posts
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    Playaolid
    • #8
    • 17th May 18, 6:30 PM
    • #8
    • 17th May 18, 6:30 PM
    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
    • By John-K 17th May 18, 6:55 PM
    • 654 Posts
    • 1,010 Thanks
    John-K
    • #9
    • 17th May 18, 6:55 PM
    • #9
    • 17th May 18, 6:55 PM
    Can you not sell anything, pawn anything, or take on a second job to get the money sooner?
    • Playaolid
    • By Playaolid 17th May 18, 7:00 PM
    • 8 Posts
    • 0 Thanks
    Playaolid
    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
    • By Playaolid 17th May 18, 7:05 PM
    • 8 Posts
    • 0 Thanks
    Playaolid
    Sorry no idea why all the random numbers!
    • John-K
    • By John-K 17th May 18, 7:18 PM
    • 654 Posts
    • 1,010 Thanks
    John-K
    Sorry no idea why all the random numbers!
    Originally posted by Playaolid
    It is a problem with punctuation on the site, which is why I write with no apostrophes in my posts.
    • Playaolid
    • By Playaolid 17th May 18, 8:18 PM
    • 8 Posts
    • 0 Thanks
    Playaolid
    I may not be a money sensible girl but I!!!8217;m a grammar sensible girl lol x

    Still worried about this so would appreciate any input anyone has
    • John-K
    • By John-K 17th May 18, 8:28 PM
    • 654 Posts
    • 1,010 Thanks
    John-K
    I may not be a money sensible girl but I!!!8217;m a grammar sensible girl lol x

    Still worried about this so would appreciate any input anyone has
    Originally posted by Playaolid
    No-one can say if a court will approve forced entry, but it is possible, so you really do need to find a way to pay before this happens.

    I am not sure what sort of advice you are looking for, if you say that you cannot or will not take on some weekend work or find a way to borrow the money from somewhere.
    • Gemsy81
    • By Gemsy81 17th May 18, 9:14 PM
    • 29 Posts
    • 63 Thanks
    Gemsy81
    Does a court order not have to have the court's seal on it to be valid?
    • Herbie21
    • By Herbie21 17th May 18, 10:57 PM
    • 521 Posts
    • 1,064 Thanks
    Herbie21
    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
    Originally posted by Playaolid
    Being brutally honest I would be shocked if permission would be granted by a County Court District Judge to allow a bailiff to be granted the exceptional right to force entry for debts of such a low value.

    The simple way to get this matter resolved would be for you to apply to the court for an N245 application to vary the court order so that you can repay the judgments at an affordable level. This is the most sensible approach.
    • sourcrates
    • By sourcrates 18th May 18, 5:53 PM
    • 14,034 Posts
    • 13,288 Thanks
    sourcrates
    Does a court order not have to have the court's seal on it to be valid?
    Originally posted by Gemsy81
    If you do receive a court summons, make sure it bears the court seal. Itís a dirty trick used by some unscrupulous debt collectors to send a fake to scare you into payment. Each court will bear a different stamp or seal, so make sure the one you have been sent matches the court purportedly sending it.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Free Legal advice see : http://legalbeagles.info/
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