Author Topic: Baliffs  (Read 6408 times)

Paddy

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Baliffs
« on: Jul 16, 2007, 09:42:08 AM »
Folks I need some advice. My girlfriend has moved in with me but she has serious debt problems but she gets lots of phone calls from the debt collectors threatening to send round the baliffs. Most of the stuff here belongs to me, so if they turn up are they going to take my things? How do I prove the stuff is mine and not hers?


Chris

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Re: Baliffs
« Reply #1 on: Jul 16, 2007, 10:42:08 PM »
The rule is never to let the bailiffs into your house. I don't think they can legally enter unless you invite them in.

Your gf needs to sort out the debt problem to get the bailiffs off her back. If she makes some attempt to repay her creditors that will be enough to keep the bailiffs away. If she hasn't already she should get some advice urgently from the CAB.

Chris

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Re: Baliffs
« Reply #2 on: Jul 16, 2007, 10:59:08 PM »
It's also worth remembering that bailiffs fees get added to your debt whether they gain entry or not. So that's another reason to get them off your back.

jaybus

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Re: Baliffs
« Reply #3 on: Jul 22, 2007, 12:05:08 PM »
Hey,

Most Bailiffs are only allowed to gain peaceful entry into a property, they can't break in, UNLESS they are collecting taxes on behalf of HMRC, in which case they need a warrant. If the police are there they are only there to provent a breech of the peace, they cant arrest you for not letting them in.

BUT...its worth noting htat a Bailiff IS allowed to gain entry via an open window or even an open door as it is then classed that your property was not secure.

Hope that helps a bit,

CJ

nutjob

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Re: Baliffs
« Reply #4 on: Aug 14, 2007, 04:00:42 PM »
First things frist... it depends what the debts are for..

If Magistrates Court Fines or Customs and Taxes then the bailiffs are private firms and can break in without peaceful entry first..

If for unpaid council tax - private bailiffs are used but they need peaceful entry first.. so dont let them in.. howver, they can levy (clamp) her car outside the house and dont need entry to be able to do this..

If for unpaid credit debts, then the creditor has to obtain a ccj from the county courts first before bailiffs can be instructed, so if the debts are credit debts then they are bulling your g/f to make her pay... if they do get a ccj fromt he county courts... then it is NOT private bailiffs that are used but county court bailiffs (the nice bailiffs if you will - although again, do not let them in)..

As said above, try to get your g/f to face the problems and see an adviser, if she has a rake load of debt and no asetts then bankruptcy may be her best option...

cuteadder

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Re: Baliffs
« Reply #5 on: May 12, 2008, 04:37:08 PM »
I'm guessing it's your house/flat... whether you own it or have the rental agreement...

She has the debt...

They can not come in without your consent...

Also they can't harrass her by phone or letter...

But do try talking to them about repaying...

jcd01

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Re: Baliffs
« Reply #6 on: Jul 10, 2008, 04:41:00 PM »
Just to back up what most have already said - and provide a little more info, have a quick look at this guide on bailiffs. It will tell you what they can & cannot do & what they can & cannot take.

Secondly, before they can be sent round, it would have to go through the court. Be sure that it is actually bailiffs that are being sent round & not debt collectors. If so, these have even less powers - virtually none at all & you needn't be worried. See this article on the difference between debt collectors & bailiffs for more info & also this Debt collection guidance leaflet from the OFT to put your mind at ease.

Contact Citizens Advice for further info on how to prove that you are not liable for the debt.

HTH - All the best!

graham23s

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Re: Baliffs
« Reply #7 on: Jul 16, 2008, 07:43:51 PM »
having the bailifs round is the worst part of all this i had it to :(

Graham

Mr Maximus

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Re: Baliffs
« Reply #8 on: Jul 26, 2008, 01:01:15 PM »
This is one thing that I have worried about in the past. It is good to know your rights and what they can do. Get the relevant information together and get comfortable with it. Once you are in a position to talk to them give them a call and explain. Depending on how professional they are they will listen and they have to by law.

I don't know anyone in the debt collection industry but it is one job that I would not want to be in. The thought of upsetting someone who are already having problems just is not my thing. Apart from my bank manager of course. lol