Personal Finance Bailiffs | Bailiffs |
|
How to deal with Bailiffs
Different Bailiffs have different Debt they Collect The purpose of a Bailiff is to collect outstanding debt. They can seize goods and sell to pay off debt; however the goods are rarely removed. Here are the two different types of bailiffs; • County Court Bailiff- employed by the County Court collecting consumer credit debt such as unsecured bank loans • Private Bailiffs- Private firms used by Magistrate's Court collecting fines and Council Tax Bailiffs Right of Entry The bailiff cannot force entry but they can gain 'peaceful entry' by walking through an open door, open window or an unlocked door. Once the bailiff has entered by peaceful entry they can take your goods to be sold at auction but in most cases they will probably make a list of all goods called a ‘walking possession agreement'. What is a Walking Possession Agreement? This is an agreement signed by the debtor stating that goods now belong to the bailiff but which allows the goods to stay in the debtor's possession as long as payments are agreed with the bailiff and stuck to. If the debtor does not stick to the agreed payments the bailiff can force entry and seize the goods. Contact and Identification The Bailiff must carry an identity card and show this upon request. Which goods can or cannot be Seized? All goods belonging to the debtor can be seized, if the goods are jointly owned and the other owner is not the debtor the goods can still be seized. The bailiffs cannot seize the following: • Goods which belong to another person • Fixtures and fittings • Goods on hire • Goods that are rented If the bailiff is collecting a County Court Judgement or Council Tax The following goods cannot be seized: • Clothing, bedding, furniture, household equipment or provisions necessary for the domestic needs of the debtors family • Tools, book, vehicles and other items used by debtor for employment, business or vocation If the bailiff is collecting from the Magistrate's Court The following goods cannot be seized: • Clothes and bedding for the debtors family • Tools and implements of the debtors trade Cost and Fees All cost and fees will depend on the type of debt charged by the Bailiff County Court Judgements There will be no charges for signing a ‘walking possession agreement', however if the creditor pays the fee then it will be added to your debt. The fee would depend whether the judgement is from a normal county court or a bulk centre county court. For more information visit http://www.hmcourts-service.gov.uk/
The debtor can apply for a N245 to suspend all warrants on seized goods and make arrangements on payments. The bailiffs will stop any further action taken against the debtor once the debtor has applied on the form N245 and sent it to the court. There will be a fee of £35. If you are on Income Support, IBJSA or Pension Credit, you can apply on form EX160 which will exempt you from the fees. Magistrate's Court Fine There is no regulation on these charges except that they must be reasonable and not disproportional to the size of the debt.
Debt more than £100 The bailiff will probably want the debt to be cleared within 28 days. Council Tax If the bailiff visits the property but does not gain entry, for the first visit the fee will be £24.50 and the second visit £18
When the debt is over £100 it is calculated thus: 22.5% on the first £100 of the sum due, 4% on the next £400, 2.5% on the next £1,500, 1% on the next £8000 and 0.25% on any extra sum. The bailiff will want the debt to be cleared up within 13 weeks. They might also accept £5.00 per week off all outstanding accounts for special circumstances. One could ask for a Bailiff not to be used There is a possibility to get the bailiff withdrawn if there are Special Circumstances. If you have any of these Special Circumstance contact; the creditor if there is a County Court Judgement, City Council Revenues if one owes council tax or for a fine the Magistrate's Court. • Serious illness • Learning difficulty • Long term sickness • Recent bereavement • Mental impairment • Physical disability • Unemployment • Severe financial difficulty Refusing Entry The Bailiff cannot make forceful entry and if the debtor does not allow the bailiff in, they will have to try again. If the warrant to seize cannot be enforced then the next action will depend on the debt as follows: County Court Judgment: The warrant will be returned to the County Court and then the creditor will decide if it will be cost effective to send the bailiff again Council Tax: The warrant is returned to the City Council Revenues and may take one of the following courses of action. Committal Proceedings, the debtor might be summoned to the Magistrate's Court and they will decide if they should be imprisoned. Attachment of Earnings Order, if the employment is known there might be a deduction of the wages from the debtor. Payment Agreement, if there are special circumstances then payment arrangements could be made. Magistrate's Court: The warrant will be returned to the Magistrate's Court and committal proceedings will begin. The Magistrate's court will decide how much they will have to pay and if there will be any imprisonment. If one wishes to make a complaint or take legal action because a bailiff has committed one of the following: • Illegal entry • Charged wrong cost and fees • Sold goods below the market value • Sold good that belonged to another person • Failed the correct documents • Sold the goods worth more than the debt Complaints
Complaints about the actions of a bailiff should be made to the firm of the bailiff and the legal body or authority who employ or use the bailiff. If a debtor wants to take legal action against a bailiff they should seek legal advice from a solicitor. For advice or assistance with bailiffs • Consumer Credit Counselling Service - Tel: 0800 138 1111 • Citizens Advice Bureau - City Centre Bureau - Tel: 08444 77 10 10 10 • National Debt Line - 0808 808 4000
|
||||||||||