| Index »Bailiffs And Debt Collectors
|
|
| Bailiffs And Debt Collectors
|
| If you owe someone money, they may try to collect the debt using a bailiff or debt collector. If these people contact or visit you, you need to know how to deal with them, and what your rights and obligations are.
|
|
| BAILIFFS AND RENT ARREARS
|
| Landlords cannot take possession of your home for rent arrears without a court order. But without going to court,some landlords may use a procedure called 'distraint'.This is not used very often. Distraint means the landlord can get a private bailiff to visit your home, take your belongings and sell them to pay off the rent arrears. The bailiff can arrange to sell your belongings at an auction house if you haven't paid the arrears within a set length of time (normally seven days). The money raised at the sale pays the auctioneer's costs, the bailiff's costs and the rent arrears. If you have already received a bailiff's visit, or one is threatened, you must contact the bailiff's office and your landlord at once. Make an offer of payment, using your personal budget to support your offer. Once the bailiffs have removed your belongings; only an offer to pay off most of the arrears quickly will prevent the sale taking place. Remember the bailiffs cannot force their way into your home unless you have already let them in on a previous visit. If a bailiff calls, don't let them in or agree anything on the first visit. If you think you may lose your home, you should contact your local council for help as a homeless person.The council only has to offer you permanent rehousing as homeless under certain circumstances.
|
| The council has to look at whether you:
|
 |
l are homeless and eligible for help; |
|
l are in a priority-need group; |
|
l deliberately did something that made you lose your home (this is called 'intentional homelessness'); or l have a local connection with the area in which you have applied for help. |
|
| |
| If the council has to offer you another home, you may not have any choice where it is in your local area as long as it is 'suitable' under the rules. If you think you may eventually lose your home, it is very important to get advice beforehand. We can advise you on how to approach your local housing department for rehousing and whether you are likely to be rehoused. The council must follow certain procedures to deal with homelessness applications. If you do not think they have dealt with your application properly or taken all your circumstances into account, you can ask for a review then appeal to the county court.
|
| You should also contact housing associations in your area. They may have different policies from the council and be able to offer you somewhere to live. Contact the Housing Corporation for a list of your local housing associations. You should go on the ordinary waiting list for council rehousing. This is not the same as applying for help as a homeless person. Make sure you do both. Your local citizens advice bureau or a housing aid centre such as Shelter may be able to help you. They will not be able to give you a home but they can offer advice on getting rehoused and information on private landlords.
|
|
| When Bailiffs May Be Used
|
| Your creditor (the person you owe money to) can make a claim against you in the County Court. A County Court Judgment (CCJ) may be made stating you must repay the debt. Your creditor can ask the court to issue a 'warrant of execution', which means that bailiffs may be called in to help recover the debt. If you owe tax to HM Revenue & Customs (HMRC), or Council Tax to your local authority, they may send bailiffs to recover the debt.
|
|
| Debt Collectors
|
| Creditors may use a debt collection agency to ask you to pay off the debt. Debt collectors aren't court officials and don't have the same powers as bailiffs. They can't enter your home or seize your possessions. Creditors If a collector harasses you, you should contact your local council's trading standards department. If they threaten you physically, contact the police.
|
|
| 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.
|
|
| What Bailiffs Can And Can't Do
|
| If County Court bailiffs come to your home, you don't have to let them in. They can't force their way in on their first visit, but they can enter through an open window, or an unlocked door. Forced entry includes pushing past you once you have opened the door to them or leaving their foot in the door to prevent you closing it. Such action would make the whole process illegal. 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.
|
|
| Negotiating With Bailiffs
|
| You may negotiate with bailiffs to pay some or all of the debt there and then, so they leave without taking anything. If they accept any payment from you, you'll need to make sure you get a receipt. Bailiffs may be willing to take part in a reasonable negotiation (subject to legal and contractual constraints) - only make an agreement if you can afford to stick to it. It's likely that the bailiff's fee and expenses for each extra visit will be added to the debt you owe - you may ask for details of these at any time, and fees can be disputed. If you have questions about a bailiff's fees and expenses it's best to get advice.
|
|
| What Can A Bailiff Take?
|
| Bailiffs can't take essentials such as clothing, bedding, cookers, fridges, most furniture and the 'tools of your trade' (for example, a computer you use for work). They can take non-essential items such as your television. They can take possessions outside your home (for example, your car or garden equipment), or in unlocked sheds and garages.
|
| |
| |
