| Author |
 Topic  |
|
|
overlyconcerned
Starting Member
United Kingdom
4 Posts |
 Posted - 02 February 2011 : 13:21:18
|
Baliffs:
Hi Im going to file BR but in the meantime Im hoping to get the answers to these questions.
How do I prove the sofa belongs to my wife?
How do I prove I use my laptop and printer for IT degree and as a freelance web designer?
Would they take my external hard drives with personal files and pictures?
Will Baliffs just take the car or how do I prove to them I use it for jobs?
Do they need to write to me before the arrive or will they just turn up?
I understand thing like tvs, dvds and projectors might go if i let them in however the above is required and I have no idea of how to make sure they remain. The sofa was bought by my wife however a receipt could just belong to anyone. I really need to know what to do when they turn up and they will unless I get my br sorted out.
This forum is fantastic.
thankyou |
|
|
Richard P
Senior Member
United Kingdom
1701 Posts |
Posted - 02 February 2011 : 14:34:33
|
Hi overly concerned
first of all no one comes in your house without a court order
when petitioning for BR the OR will take things like furniture for granted that most people will have a nice comfortable safe sofa ownership is not necessary unless it is an antique
if your job is described on petition as freelance web designer then computer and printer are essential work tools
baliffs, cars, levys different subject and depends on the type of loan attached to car.
they would have sent letters to say you owe us money and we will in future come visit house.
how far away is bankruptcy court date ?
have you received any county court judgements yet ?
you have lots of good questions and concerns that are very valid, you may find it of benefit to have a free phone call with one of the experts.
Richard |
 |
|
|
Skippy
forum expert
United Kingdom
3290 Posts |
|
|
Niobe
Administrator
United Kingdom
4590 Posts |
Posted - 02 February 2011 : 16:13:30
|
Tracey is correct, the Directgov link is an excellent one.
Buckle your seat belt Dorothy, 'cos Kansas is going bye bye.
Jan
xx |
|
|
|
Richard P
Senior Member
United Kingdom
1701 Posts |
Posted - 02 February 2011 : 16:36:19
|
Hi Tracey / Kallis
I have read the link and i would still claim that they must have a court order before a baliff can enter your property through window or other means.
by the process as defined in link a CCJ would be obtained first and then warrant of execution.
HMRC is magistrates warrant before entry.
Richard
When bailiffs may be used
Your creditor (the person you owe money to) can make a claim against you in the county court. A County Court Judgment (CCJ) may be made stating that you must repay the debt.
If you don’t make the payments ordered by the court, your creditor can ask the court to issue a 'warrant of execution'. This means that county court bailiffs may be called in to help recover the debt. You can ask the court to suspend the warrant - see the ‘How to avoid being visited by county court bailiffs’ section below.
If you owe tax to HM Revenue & Customs (HMRC), or Council Tax to your local authority, they may send private bailiffs to recover the debt.
|
|
|
|
Richard P
Senior Member
United Kingdom
1701 Posts |
Posted - 02 February 2011 : 16:54:46
|
i would even go as far to say that if they entered a property without a court order they have committed Burglary, and should i defend myself fearing that myself or my family was in imminent danger. I could use reasonable force in the prevention of crime (ok for the lawyers combination of legislation)
Debt collectors sometimes claim to be baliffs and some baliffs work as debt collectors, a debt collector may ask to be invited into your house for a drink of water use the phone etc once in legally they can levy your goods.
so i still maintain no one comes into your home without a court order. |
|
|
|
Skippy
forum expert
United Kingdom
3290 Posts |
Posted - 02 February 2011 : 16:59:11
|
Richard, please see the attached link to the CAB which clearly states that a bailiff can gain peaceful entry through an unlocked door or open window.
http://www.adviceguide.org.uk/d_bailiffs.pdf
View my blog at http://skippy13.blogs.iva.co.uk/
Only when the last tree has died, the last river has been poisoned and the last fish has been caught will we realise that we cannot eat money.
Last IPA payment made on 28th June 2010 - it's over at last! |
|
|
|
Niobe
Administrator
United Kingdom
4590 Posts |
Posted - 02 February 2011 : 17:01:16
|
No, if there is a window or door open they are entitled to enter and it is not burglary!
Debt collectors have no powers to enter your premises.
The offence of burglary is that if a person enters a building or any part of a building as a trespasser with intent to commit damage, injury, rape or theft, they are guilty of an offence.
A baillif will not be going in to commit any of these offences as he is not dishonestly appropriating property belonging to another as he allowed to take goods to value (as long as they are not household goods or tools of his trade) of the debt.
Buckle your seat belt Dorothy, 'cos Kansas is going bye bye.
Jan
xx |
|
|
|
overlyconcerned
Starting Member
United Kingdom
4 Posts |
Posted - 02 February 2011 : 18:02:27
|
Thanks for the info.
I did get that far and have looked at the link. Practically whether fighting them in retrospect they can gain peaceful entry.
In addition I will have a CCJs against me. With no where to turn I left the country for some months and have now returned. I want to get things sorted.
I am sure things have progressed and court orders issued.
The car is worth nothing more than 1000 pounds.
OR and BR seem to be a reasonable route and there is negotiation.
My concern is if Baliffs will suddenly turn up at my door at my new address before I have the chance to get this all sorted.
With that in mind would it be possible to address the above questions? Im sure it would help other people on the board too as it would seem relevant to most cases.
I have not applied for the BR yet as I will require the finance for this but it is in the pipeline.
thanks again for your replies. |
|
|
|
Niobe
Administrator
United Kingdom
4590 Posts |
Posted - 02 February 2011 : 18:49:40
|
Do any of your creditors actually know your new address yet?
It is doubtful if any bailiffs will turn up at your door. Hopefully you can get to sort out your BR soon.
Buckle your seat belt Dorothy, 'cos Kansas is going bye bye.
Jan
xx |
|
|
|
Skippy
forum expert
United Kingdom
3290 Posts |
Posted - 02 February 2011 : 19:35:12
|
Overlyconcerned, I'm sorry your thread has gone off track.
Like Jan I very much doubt that bailiffs will turn up. It might put your mind at rest to speak to one of the experts who post on here - their details are in the experts' section at the side of the page.
View my blog at http://skippy13.blogs.iva.co.uk/
Only when the last tree has died, the last river has been poisoned and the last fish has been caught will we realise that we cannot eat money.
Last IPA payment made on 28th June 2010 - it's over at last! |
|
|
|
Reviva UK
Advanced Member
United Kingdom
2452 Posts |
Posted - 02 February 2011 : 21:04:12
|
People are all correct but speaking without clarification.
To have a bailiff attend you first need to have ( usually ) many many months of creditors chasing you through telephone calls & letters and then their debt collection agents chasing through the same process.
Sometimes the creditors agents even visit the property BUT THESE PEOPLE ARE NOT BAILIFFS and have no power.
For a bailiff to visit your house THE CREDITOR MUST HAVE APPLIED FOR A COUNTY COURT JUDGEMENT, achieved the judgement ( you will get a letter from the court to confirm ), applied for and got a warrant of execution ( you will get a letter from the court to confirm ) and you will then likely receive a letter from the bailiff company advising that they have been instructed and will be visiting at X time.
at any time in the process you can manage the situation and agree a debt repayment process - even with the bailiff on the premises. However if a bailiff is there you will usually have a much shorter time to pay than before.
Assuming that the creditor has achieved ALL of the above ( council tax & business debts can be different ) then a bailiff can be instructed to visit.
IF they visit they are entitled to seize anything outside the house ( i.e. car, patio furniture etc ). They cannot force their way into the house but they can access property if a door or window is open. These laws go back to medieval times / sherriff's etc and they can only act during daylight hours.
hope that helps
Paul Johns
Bankruptcy Specialists
Reviva UK
www.revivauk.com
08454 751 851
Real People ..... Real Debt Solutions |
|
|
|
Niobe
Administrator
United Kingdom
4590 Posts |
Posted - 02 February 2011 : 21:21:30
|
I believe that once inside the premises a bailiff can force any locked internal doors.
Buckle your seat belt Dorothy, 'cos Kansas is going bye bye.
Jan
xx |
|
|
|
Reviva UK
Advanced Member
United Kingdom
2452 Posts |
Posted - 02 February 2011 : 21:54:00
|
once they are in then different rule apply - game over !!
Paul Johns
Bankruptcy Specialists
Reviva UK
www.revivauk.com
08454 751 851
Real People ..... Real Debt Solutions |
|
|
| |
Topic |
|
Baliffs
