can bailiffs enter house to take belongings

[placid]

I am just applying for an IVA now, I have been paying my creditors on time for the last four years, since my debts started, without defaults. now my wife is pregnant and cannot work and I am paying out so much money in repayments I have no option but to apply for an IVA. Are creditors likely to send bailiffs and can bailiffs enter my house and take my wife belongings by force?

[aguise]

Hi
If you are up to date with your payments so far it will be along time before any bailiffs appear at the door it takes ages and they have to go through the courts.If you are sorting an iva out then this would be done long before then. If you have any problems your ip can deal with it . You will get calls from your creditors and some will say anything to get a payment but be strong and just say as your company tells you ref no etc and who they can contact.

If bailiffs should arrive you do not have to let them in but make sure no doors are open as they can enter if a back door is open, but please stop worryiung this most unlikely to happen.
Please correct me anyone if I am wrong.

All the best Ang

[PeeBee71]

Firstly a Baliff would not even be involved until a CCJ was issued assuming you are talking about unsecured loans. Companies cannot just send the baliffs round when they feel like it.

What they can do is send people round to collect monies in person, but you have no obligation to let them in, or even give them any money.

If the creditor goes for a CCJ then the judgement would be for a regular payment, and baliffs would
only be involved if you missed payments on the CCJ.

That's my understanding of it - I stand to be corrected...

[placid]

Firstly a Baliff would not even be involved until a CCJ was issued assuming you are talking about unsecured loans. Companies cannot just send the baliffs round when they feel like it.

What they can do is send people round to collect monies in person, but you have no obligation to let them in, or even give them any money.

If the creditor goes for a CCJ then the judgement would be for a regular payment, and baliffs would
only be involved if you missed payments on the CCJ.

That's my understanding of it - I stand to be corrected...

[placid]

Thank you very much for your comment. It ties in with what my IP said. I am only worried until the IVA is approved (fingers crossed) and because my wife isn't English and she is pregnant and I don't want her to be harassed. Also, I have never had any dealings with debt collectors/bailiffs. Do you think that the creditors would take me to court duirng the 12 weeks waiting until the creditors meeting with my IP? Is that likely?

Once again, thanks very much

Hi
If you are up to date with your payments so far it will be along time before any bailiffs appear at the door it takes ages and they have to go through the courts.If you are sorting an iva out then this would be done long before then. If you have any problems your ip can deal with it . You will get calls from your creditors and some will say anything to get a payment but be strong and just say as your company tells you ref no etc and who they can contact.

If bailiffs should arrive you do not have to let them in but make sure no doors are open as they can enter if a back door is open, but please stop worryiung this most unlikely to happen.
Please correct me anyone if I am wrong.

All the best Ang

[placid]

Thank you very much for your comment. How long does it take, typically and in your opinion, until a creditor goes doen the CCJ route? I am fully paid up until now but I will start making token payments until the creditors meet and defaulting (approx. 12 weeks of this)

thank you again

Firstly a Baliff would not even be involved until a CCJ was issued assuming you are talking about unsecured loans. Companies cannot just send the baliffs round when they feel like it.

What they can do is send people round to collect monies in person, but you have no obligation to let them in, or even give them any money.

If the creditor goes for a CCJ then the judgement would be for a regular payment, and baliffs would
only be involved if you missed payments on the CCJ.

That's my understanding of it - I stand to be corrected...

[PeeBee71]

First and foremost I would speak to your IP about your concerns, he will be able to advise you best.

As far as I know, a creditor (or debt agency) will only go down a CCJ route as a last resort - If you are making some form of payment, then what will probably happen is that will hound you for more money. All you can reply is " cannot pay you what I do not have". They may try all sorts of tactics to get you to pay more, but the simple fact is, if you do not have it, you can't.

And remember, even if things do go down the CCJ route, baliffs will only be called in if you do not keep up payments ordered by the court.

I would say all of this is unlikely to happen in the next 12 weeks.

[Adam Davies]

Hi
You really do NOT need to worry about court action/bailiffs.As long as you pass on all letters to your IP they can keep an eye on things.In the unlikely event that you have trouble with court orders etc your IP can apply for an interim order stopping any further creditor action.
Finally an IVA will overide any creditor action upto that point,so if any CCjs have been granted then they will be void.
Stop worrying and keep in contact with your IP.
Good Luck
Regards

Andy Davie
IVA.co.uk Spokesperson and site manager
(aka Neverending)

Please check out my blog: http://andydavie.blogs.iva.co.uk

View my profile here:
http://www.iva.co.uk/andy_davie_profile.asp

[placid]

Thank you very much Andy and Peebee.