Baillif knocking at the door

[marksmiles]

I wonder if anyone may be able to suggest the best approach.

I have been in IVA for c. 11 months and I have one CCJ to a utility company. Their debt was not included in the IVA.

I have just been visited by a debt enforcer, who has suggested a re visit at the end of the week. Any suggestions? I have been wondering whether to phone their central office and let them know I am in IVA to see of that might discourage them?

[Adam Davies]

Hi
Was this debt accrued before your IVA was agreed ? If so speak with your IP and have this included. If not you will need to come to an arrangement to repay the debt with the enforcer.
Regards

[marksmiles]

Thanks for that.

An interesting point here, the claimed amount is c. 3000, and neatly divides up into thirds.

1000 debt accrued prior to the IVA
1000 debt accrued post the IVA
1000 debt accrued for debt enforcement office fees

I wonder how this affects the answer.

[MelanieGiles]

You need to let your IP deal with this. Why were the pre-IVA arrears not included in your statement of affairs which accompanied the IVA proposals?

[johnpotter]

Hi

Most bailiffs do not have the right to force their way into your home to seize your goods. The only exception is that bailiffs from the Collector of Taxes (Inland Revenue) can get a warrant to force entry, but this is very rare.

All other bailiffs have a right of peaceful entry only. This means that they cannot use force to enter your home, for example, by breaking a window or a door. However, they can enter your property through an open door or window (front and back) and can climb over fences and gates, but cannot break them down. See also ''If a bailiff does gain peaceful entry to my house, what will they do?''

You do not have to let a bailiff into your house. A bailiff cannot force their way past you if you answer the door. If all your doors and windows are securely closed they will not be able to gain peaceful entry to your house unless you let them in.

Bailiffs are well aware of their limited powers and may use a variety of different means to gain entry peaceably. They may attempt to walk in as soon as a door is opened. They may ask if they can use your telephone to check if an arrangement is satisfactory with their office. They may simply ask you if you would prefer to discuss matters inside. You do not have to go along with any of these methods.

Can I be arrested or imprisoned for not letting a bailiff into my house?
No. If a bailiff is accompanied by the police, they are only there to prevent a breach of the peace. You cannot be arrested for refusing to allow a bailiff into your home.

You cannot be imprisoned for not paying your debts. However, non-payment of council tax, child maintenance or magistrates court fines can lead to imprisonment if you 'wilfully refuse' to pay. This means that the magistrates must be satisfied that you have the money but choose not to pay. You should be required to attend a magistrates court means enquiry hearing before this is decided. This gives you the chance to explain why you have not paid.

Tell the utility company that you are in an IVA, it will help and dont let the bailiff in your home!

[kallis3]

Check out this link which will help you with what they ca and can't do:

http://www.direct.gov.uk/en/MoneyTaxAnd ... G_10034289