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| T O P I C R E V I E W |
| fattypatty |
Posted - 06 April 2011 : 09:18:27
time for a little moan im so sick of jumping when the door goes or the dog barks im a nervous wreck are there other people out there feeling like me .
ive even started waking myself up in the night thinking someones at the door so even when im asleep im thinking bout it .
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| 15 L A T E S T R E P L I E S (Newest First) |
| fattypatty |
Posted - 01 August 2011 : 15:46:56
by the way sorry for any spelling mistakes im abit dyslexic and a crap speller lol
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| fattypatty |
Posted - 01 August 2011 : 15:39:38
sorry for taking so long to answer no i wont be getting an ipa as i have no spare cash to give .
my husband is going for his br friday i thinks hes more nervous than i was ive tried to reasure him but i suppose its a feeling of going into the unknown .
3 letters arrived this am from rossendales ive contacted this company twise to tell them i was declared br in march and also shown 2 colleagues of theres my br letter with the courts stamp on it and my tennancy agreement proving nothing in the property was ours ive also just wrote to them to tell them all this and aenclesd the docuements im hopeing all this will stop once my husband has filed for his br friday as i shall send them the br letter to prove then that we are both bankrupt and got no bloomin money to give to them .
this company has far out been the worse and caused my family alot of upset banging on my doors worrying my little boy im glad its coming to a head but its taken some years to get to this stage .
im just hoping rossendales will then leave us alone |
| Bigal4787 |
Posted - 09 April 2011 : 00:49:22
Hi,
here is what may be a useful guide to bailiffs and debt collectors.
http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/DebtsAndArrears/DG_10034289
As previous posts stated,bailiffs can force entry in relation to unpaid magistrates court fines(which can't be included in bankruptcy) but is a last resort.
Bailiffs can also break into your home in relation to HMRC debts, but only with a magistrates warrant, again a last resort and very rare.
Additionally a bailiff pushing past you, or putting a foot in the door to stop you closing the door would be classed as forced entry and make the whole process illegal.
Hope this helps
Big Al
Insolvency examiner with the Insolvency service from April 2008 - July 2010.
If you need help completing SOA's(statement of affairs) or PIQ's(preliminary information questionnaire) if you've been declared bankrupt, or anything else and you're within 30 miles or so of Warrington, then please contact me via my contact details in the expert page for futher details"
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| fattypatty |
Posted - 07 April 2011 : 20:14:13
no jan no ipa as i have no extra income to pay one back i only just have enough money to pay bills rent and for food thank god as that would have been the icing on the cake x |
| Niobe |
Posted - 07 April 2011 : 12:42:20
Glad it went ok. Are going to be getting an IPA?
Double, double toil and trouble;
Fire burn, and cauldron bubble.
Jan
xx |
| fattypatty |
Posted - 07 April 2011 : 12:35:07
had my or call this morning at 10 am and lady i spoke to was wonderfull really nice all in all i was on the phone 45 mins just to go through the br paper work .
i was panicking because i really thought i was in for a good old telling off but it was not the case at all i was told not to judge myself so badly because i had tried to keep our head above water for so long and curcumstances that could not be helped ment that payments could not be kept up with .
i would say it was a very positive call and i was also advised on things .
so anyone else reading this that has there interview over the phone please try not to worry too much make sure you are organised have all your info ready a glass of water to keep you refresshed and most of all dont worry if there are things you cant rem x |
| fattypatty |
Posted - 07 April 2011 : 08:55:36
yes richard we are, me more so than my husband though i have my or call this morning starting to feel a little nervous though as some of the debts are pretty old and we just couldnt afford to keep payments up with them so i can only very vaguely rem what they where for .
mostly it was to was a case of borrow from one to pay the other trying to keep afloat this is what i shall say any way .
wish me luck and can i just say thank you so much for the support and advice x
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| Richard P |
Posted - 06 April 2011 : 16:31:18
Hi FP
The fear of a baliff turning up at the house is (often)worse than them actually turning up
baliffs do not turn up at your house because you have missed the first payment on a debt, it can be 6 - 9 months before they even start the court process.
baliffs tend to only act on a court order and you should have received court notification.
debt collectors will come and call at the house with the intention of negotiating closure of an account. they do not have any powers
debt collectors cannot act as baliffs but baliffs can act as debt collectors.
The debt collectors and Baliffs that i have met (quite a few) are reasonable, yes they have a job to do. Normally if they know that you are going BR in the next few weeks they will put your file to the bottom of the list.
i think the most important thing is if you are a few months in arrears and getting some heavy letters, speak to an expert they will confirm when it is time to panic ! then take action, either by speaking to the creditors, getting a court date asking an expert to help buy you more time.
the absolute worse thing is to stick head back in sand.
FP, I know from other posts that you are close to both you and hubby being BR, so hang on in there.
Good Luck Richard,
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| Niobe |
Posted - 06 April 2011 : 14:19:38
If they have a distress warrant though, as far as I am aware, they can force entry into the property but will probably call the police for assistance before they do so.
Double, double toil and trouble;
Fire burn, and cauldron bubble.
Jan
xx |
| emm |
Posted - 06 April 2011 : 13:34:26
Home Debt Basics Bailiff Guide - know your rights Bailiff Guide - know your rights
Introduction
A visit from a bailiff can be a very frightening and distressing experience. This section explains what a bailiff can and cannot do if they visit your home and what your rights are.
This section gives general information on bailiffs only. If you need more information, help or advice you should contact your nearest Citizens Advice Bureau or advice centre as soon as possible.
What is a bailiff?
Can anyone be a bailiff?
What 'legal authority' must a bailiff have?
How do I know it is a bailiff at my door?
Can a bailiff call at night or on a weekend?
Can a bailiff force his/her way into my house?
Can I be arrested or imprisoned for not letting a bailiff into my house?
If a bailiff does gain peaceful entry to my house what will they do?
What is a walking possession agreement?
Are there any goods that the bailiff cannot seize?
Can I hide goods?
What if the bailiff does seize goods that do not belong to me?
Will I get advance notice of a bailiff visit and fees?
Do I have to pay the bailiff's fees?
What should I do if a bailiff is about to visit my home?
National Standards for Enforcement Agents
How can I complain about a bailiff?
What is a bailiff?
A bailiff is someone authorised to collect a debt on behalf of a creditor. A creditor is someone you owe money to. There are different types of bailiffs - e.g. county court bailiffs, certificated bailiffs and private bailiffs who can be used to collect different types of debts. These include county court judgments, unpaid council tax, magistrates court fines, unpaid maintenance to the Child Support Agency and outstanding rent.
Different bailiffs have differing powers to collect debts. However, there are certain rules that apply to all bailiffs. Unless stated otherwise, the information in this leaflet applies to any bailiff.
Can anyone be a bailiff?
Yes, providing they have legal authority to carry out their actions. Some creditors prefer to use certificated bailiffs to collect their debts. ''Certificated'' means that the firm of bailiffs has provided references to the county court and the bailiffs they employ are considered to be 'fit and proper' persons. Bailiffs collecting rent arrears and road traffic penalties must be certificated. It is worth remembering that both men and women can be bailiffs!
back to top
What 'legal authority' must a bailiff have?
A bailiff must be legally authorised to collect the debt on behalf of the creditor. The authority is normally known as a 'warrant', or 'warrant of execution' if the bailiff is recovering money owed under a county court judgment.
Bailiffs used by the magistrates court to collect unpaid council tax, outstanding fines, compensation or unpaid maintenance will be acting on either a 'distress warrant' or a 'liability order' issued by the magistrates court.
If you are in arrears, creditors will sometimes send representatives to your home to try and negotiate repayments with you. These people might be called 'advisers', 'collectors' or 'advisers'. They do not have powers to enter your home and seize your goods.
How do I know it is a bailiff at my door?
Bailiffs should provide identification or authorisation if you ask them to. Bailiffs collecting for rent must show their certificate from the county court if you ask them to. Bailiffs collecting unpaid council tax must show written authorisation from the local authority. See also 'Will I get advance notice of a bailiff visit?'
Can a bailiff call at night or on a weekend?
Only bailiffs collecting rent are obliged to call between sunrise and sunset, all other bailiffs can call at any time of day or night. However most bailiffs should call at a 'reasonable' time, either during normal office hours or between 8.00 a.m. or 8 p.m.
back to top
Can a bailiff force his/her way into my house?
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.
Hope this helps |
| Niobe |
Posted - 06 April 2011 : 13:19:46
They can force entry if they have a court order or a distress warrant.
I have posted the link earlier in the thread as to what they can and can't do.
Double, double toil and trouble;
Fire burn, and cauldron bubble.
Jan
xx |
| emm |
Posted - 06 April 2011 : 13:15:39
Hi Fattypatty
Just wanted to say that it must be awful being so scared anytime anyone knocks on the door. But I think you would benefit from reading up about what baliffs are allowed to do and what they are not allowed to do.
As far as I know, and I'm sure someone will come along and put me right if I am wrong, they are not allowed to force their way into your home, not even if you open the door to them. They can enter through an open door or open window but they cannot break in.
Even when they gain entry they have to make an inventory of items that they think they can sell and as far as I know you have to sign the inventory, if you don't sign it is not valid.
I believe there is a stage they can get to when they can ask the police to accompany them to force entry, but I think that is mostly for reposession of the property, and I think council tax.
If I were you for the time being I would tell your son to just ignore anyone at the door if you are not in, even if he thinks it is family. And make sure no windows are left open that someone can get through, easier said than done in this nice weather I know.
Are you actually at the stage when baliffs or debt collectors are likely to come to your home, it usually takes quite a long time to get to that stage as they usually try and persue you through letters and phone calls for quite a while first.
If I am wrong about this please someone put me right!
Best of luck , Emm |
| fattypatty |
Posted - 06 April 2011 : 11:29:08
oh dear i spoke too soon your reply must have just come through as i posted would i be able to have the forms sent through because my printers not working properly ? |
| fattypatty |
Posted - 06 April 2011 : 11:27:12
thanks jan for your reply im pleased bout that cant be doing with filling more in im just half way through the cencus form that came through the post and thats doing my head in  |
| Viki.W |
Posted - 06 April 2011 : 11:26:55
The bankruptcy petition form has changed, you can download it from the insolvency website
Viki Warbrooke
Vincent Bond & Co
If you would like free advice on all options available and help with your bankruptcy petition please contact me at http://www.vincentbond.com/about_us_Viki_Warbrooke.asp
Please read my experience of debt via my blog at http://vikiw.blogs.iva.co.uk/ |
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