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set1077
Starting Member
United Kingdom
34 Posts |
 Posted - 08 December 2009 : 09:11:56
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I desperately need advice. PLEASE PLEASE HELP
I have County Court Bailiffs due to call anytime and I know not to leave them in or answer the door. But I do not know what to do about the car. It is parked on the street but as we have a 7 month old it won't be easy parking out of sight all the time. what can they do about this? It's only worth about £1000.00. If we ignore them will they just tow it away, will they know it is ours if we park it opposite or something like that?
Is it true that if the bailiffs don't get a reply on a few occasions they will eventually go away?
I think it is easier just going bankrupt asap no so after xmas I ill be getting a date from the court.
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theguvnor
Junior Member
100 Posts |
Posted - 08 December 2009 : 10:39:27
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| Baliffs do not have a power of entry unless obtained from the court. they cannot take your car unless they have a possesion order from the court. im sure an expert will be along soon. why are the baliffs calling - what debt are they trying to collect |
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set1077
Starting Member
United Kingdom
34 Posts |
Posted - 08 December 2009 : 10:45:42
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Thanks for your reply.
It is a CCJ that I have stopped paying as due to go BR and need to save for rental fees etc.
So they can get permission from the court to force entry? I thought this was only in cases of the Magistrates Court?
Forum experts seem to be few and far between lately although they are probably very busy with so many people in this position. |
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Skippy
forum expert
United Kingdom
3290 Posts |
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Housing
Senior Member
United Kingdom
1399 Posts |
Posted - 08 December 2009 : 10:58:07
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Hi This may assist:
There are some exceptions to what the bailiff can take from your home:-
A bailiff acting on a County Court Judgment cannot seize clothing, bedding, furniture, household equipment or other goods necessary to meet basic domestic needs.
Generally, no bailiff can seize tools, books, vehicles or other equipment necessary for personal use in employment or business. However, a bailiff acting for Poll Tax, Council Tax, VAT and Tax may be able to do so.
No bailiff can seize goods belonging to anyone other than the person named on the distress warrant.
A bailiff cannot seize goods subject to a hire purchase or rental agreement (goods on credit sale can be seized because they belong to the person).
Goods you own jointly with someone else can be taken.
The bailiff may take the goods away immediately, but what will usually happen is that the bailiff and the debtor will come to an agreement known as a "walking possession agreement". This means that the debtor has agreed to pay the bailiff a maximum of 45pence plus VAT per day for the continued use of the goods. This is not permanent and will only give the debtor a few days to try and re-negotiate with the court. If a bailiff has gained entry and the debtor does not want the goods to be removed immediately, this agreement has to be signed.
Goods seized by the bailiff must be put into auction to be sold, the bailiff is under a legal obligation to obtain the best price possible. As the goods are second-hand, the value of the goods are only a fraction of what their new value was. A bailiff will often identify many more goods than you might expect.
You could seek for the judgement to e set aside. The CAB could assist you with this - the county court will accommodate a request normally.
If you think that bailiffs may call at your house, be aware that you do not have to let them in. However, if you leave any doors or windows open they have the right to enter through them. Once they have gained entry they may also force entry to any other parts of the premises. However, if you do refuse to let them in then they will be sure to return at some other time and the problem will not go away. In the long term you need to seek help from one of the agencies listed below.
CAB
Law centre
solicitors (although this may be at a cost)
Trading Stantards at your council offices
I wish you well - I am sure some other insolvency experts will post with some more detailed advice.
Richard
"There are no problems - only solutions..." |
Edited by - Housing on 08 December 2009 11:00:39 |
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set1077
Starting Member
United Kingdom
34 Posts |
Posted - 08 December 2009 : 11:07:49
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Thank you for your reply Richard.
I should be able to hold them off until BR, but I am still usure how to deal with the car.
Skippy thank you for the link and I understand the experts are busy, they do a fantastic job on here. |
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memphisd56
Junior Member
United Kingdom
112 Posts |
Posted - 08 December 2009 : 11:31:20
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| Hi,....to be safe, i would hide it as much as possible. I have heard stories of people finding their cars clamped by the bailiff. I cannot say for sure if this would happen...but your car is an easy target, as it doesn`t involve entry...Best be safe, huh?? |
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Richard P
Senior Member
United Kingdom
1701 Posts |
Posted - 08 December 2009 : 20:13:54
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Hi Set 1077
in relation to court date, some of the courts are really busy and taking bookings upto 6 weeks in advance ! one or two are still walk in clinics
can i suggest ring your local court and ask local arrangemnts
good luck Richard |
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set1077
Starting Member
United Kingdom
34 Posts |
Posted - 08 December 2009 : 20:27:34
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Thank you Memphis and Richard for your help.
I will ring the CC tomorrow and check their procedure with appointment / walk ins.
Pphewww, i'll be glad when this is all over. |
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Skippy
forum expert
United Kingdom
3290 Posts |
Posted - 08 December 2009 : 20:38:51
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You can start filling in the forms online as they are on the Insolvency Service website. You can amend and save the changes as often as you want, and then submit them when you are ready to go to court.
Good luck and please keep posting x
Tomorrow is a mystery, yesterday is history, today is the present, a gift to make the most of.
View my blog at http://skippy13.blogs.bankruptcyhelp.org.uk/
29 IPA payments made, 7 to go - in single figures! |
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Richard P
Senior Member
United Kingdom
1701 Posts |
Posted - 08 December 2009 : 21:26:01
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which is your local court ?
someone on here might know current format |
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Topic |
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Forum Expert please help me PLEASE..........
