bailiffs

[markss]

Hi Melanie you should try not worry about bailiffs etc. under the consumer credit act any company you owe money to has to obtain a ccj against you and should you ignore the ccj then they can apply to the court to take further action. bailiffs can only be brought in if the creditor obtains a warrant of execution. but this would be a few months away by which time your iva should have commenced. on a positive note courts tend to allow debtors longer to pay with smaller payments. hope this helps you. Howard

[depressed]

thankyou for your advice ,sorry i could'nt reply earlier ,this forum is fantastic gives such peace of mind . great people on here ,nice to know i'm not alone . : )

[Jo Rolland]

Good advice if they are County Court Bailiffs, however depending on the type of debt etc they may be certified Bailiffs.

[markss]

sometimes these companies try lots of bullying tactics to get what they can from you.refer them to your IVA company or IP.

[depressed]

what does that mean ? so can bailiffs come then ? thats paniced me again !!!

[johnt]

For most people with unsecured debts, the law is on their side. This is because under the Consumer Credit Act 1974, you are only required to pay back what you can realistically afford once all your essential living expenses and personal circumstances have been considered. A baliff requires an order from the court to reposses anything of value.

If this is the case you will have plenty of notice, the procedure involves issuing a claim, and the baliff must adhere to the following conditions:

All creditors except for Inland Revenue and VAT must obtain a court order before using bailiffs.

Bailiffs may usually NOT break in to your home unless they have already been let in peaceably.

Bailiffs may legally seize goods to be sold if they have followed the correct procedure.

If you fail to pay a county court order, the creditor can request that county court bailiffs visit your home to seize goods.

It is possible to apply to the court to have this action suspended.

If you owe council tax, your local council may obtain permission from the magistrates' court to use bailiffs to seize goods.

The magistrates' court itself uses bailiffs to collect unpaid fines.

Bailiffs may also be used to collect unpaid maintenance/CSA payments.
Some landlords can use bailiffs to collect rent arrears.

A Baliff may not force their way past you at your door this is not allowed for debts relating to unsecured lending.

Hope this clears up any worries. If you recieve any letter contary to the above, then it's a common scare tactic. Don't ignore the letter, but definately don't give in to any bullying.

[markss]

Hi sorry if my comments worried you but johnt's comments sum up all you need to know.

[depressed]

thankyou for your advice ,so unless i don't adhere to ccj payments they won't turn up . its just as jo mentioned i had heard of different types of bailiffs and just wondered who was who and if any had more legal authority etc .
just received a default notice from goldfish threatening all sorts ,my iva is still been drafted .
thankyou again .