County court bailiff

Discussion in 'General Chat' started by Elsammy, Jan 10, 2017.


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Do you think the bailiff will/can gain entry in my absence?

Poll closed Jan 11, 2017.
  1. Yes

    3 vote(s)
    25.0%
  2. No

    7 vote(s)
    58.3%
  3. Don't know

    2 vote(s)
    16.7%
  1. stockwellcat

    stockwellcat PetForums VIP

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    So if you want to get technical over what was signed when they list goods it is legally called a "Controlled Goods Agreement". ;)
    Then you are telling the OP to ignore the link I provided which is from The Sheriff's Office High Court Enforcement Officers & Certificated Enforcement Agents (Bailiffs) these are the people that enforce these court warrants: http://thesheriffsoffice.com/articles/controlled-goods-agreement
    If you ignore them they will keep coming round at various times of day.

    Catelogue debt can be enforced at anytime like any other debt. The OP would have had plenty of letters from the Catelogue Company, Lowell Financial, Lowell Financial 1 & 2, there socilitors Fredrickson and the the OP chose to ignore them. The OP then would have received letters from the Court to say there was a court case with a income and expenditure form included and what has happened in this instance the case was in favour of the Catelogue company because the OP ignored the letter and failed to turn up at court and a CCJ issued and they would have written to the OP to tell her how much to pay to abide to the CCJ. The Balliff originally came out because she broke the CCJ agreement to list goods of value on a "Controlled Goods Agreement" and they came to a payment agreement (the debt would technically be calimed as being admitted to when the controlled goods agreement was signed) with the OP to pay so much a month. She refused to pay and then as we know from what the OP has said the Balliffs kept coming back to the OPs address to execute the writ of procession. They do give up after a while but the debt don't go away it goes back to court. The Court issue another warrant of procession this time and you will find this time they will ask you to pay in full or removal of goods listed on the old warrant (if you don't have these goods anymore you will be in contempt of court as they were not yours to sell or dispose of because you signed a Controlled Goods Agreement this means technically these goods belong to the courts until you pay the debt off). Failure this time of the Balliffs gaining access will result in the case being escalated to the High Court and another warrant being issued and they will force entry with the police if they need to, to execute the warrant.
    The OP would have had plenty of communication as you can see above. The OP will find if they run a fresh credit check on the OPs credit file that under the courts and bankrupty section will be a list of all the warrants from the courts and CCJs given.

    So let's assume the OP ignores this warrant as this is the warrant we are talking about what will happen next. They could call the police and gain entry without permission from the OP. The police are only called in this instance to make sure the OP doesn't kick off and to make sure the Balliff isn't obstructed when executing the court warrant. If the OP tries to stop them at the door that then becomes obstruction which is a criminal offence and the police will be called. If no one is home when the Balliffs call around charges will be added to the debt in fact in all three instances charges will be added to the debt. The Balliffs will go away and try one more time and then contact the Catelogue company it belongs to and advise them to escalate it to the High Court.

    In England, Wales the courts have jurisdiction over the police, that's why courts instruct Balliffs and police because the courts issue the warrants. Can Balliffs (also known as Enforcement Agents) break in or gain entry to your home to cease goods on a Controlled Goods Agreement? Yes they can.

    Regarding not accepting the debt as yours, the legal problem you have there is this 3 years ago your husband allows entry to the Balliffs and would have signed the controlled goods agreement this is an admission in law that you own the debt and it doesn't matter if your husband signed the Control of Goods Agreement or you.

    Regarding why the OP hasn't heard anything for 3 years I doubt this very much as the Balliffs would have written to the OP, tried phoning the OP toor left a card in the OPs letter box saying they are trying to contact you please contact them as a matter of urgency. This would have happened over the last 3 years and the case going back to court which you would have got court papers for to fill in again. They have ruled in your absence. You will find because there is a CCJ from 3 years ago on your credit file courts and bankruptcies section this will remain on there for six years from the date it was issued or paid off even if the old debt falls off the Financial Agreements Section of your Credit file.

    Options for OP
    1. declare bankruptcy at the High Court in London or online here: https://www.gov.uk/apply-for-bankruptcy for £680 and end all the creditors from chasing you. https://www.gov.uk/bankruptcy
    If you are in Scotland or Northern Ireland the process is different, please check links to declaring bankruptcy in Scotland and Northern Ireland on the links above.

    2. You can get a Debt Relief Order for £90 if you meet the requirements for it - CAB will be able to tell you how to do this and arrange for it to happen. This will cease all creditors from chasing you. https://www.citizensadvice.org.uk/debt-and-money/debt-solutions/debt-relief-orders/

    In both these cases you will need all recent letters from creditors, proof of income and an income and expenditure form etc (list available on the links above). You would need to do this urgently before the Balliffs comes out and when they do come out show them the bankruptcy or DRO acceptance letter which you will receive at the high court on the same day or if DRO within 7 days after submitting the form to them via CAB. You will have to pay in advance if you choose to go down this route (The Bankruptcy option you can pay in installments but you won't be bankrupt until the £680 is fully paid. The DRO has to be paid in advance in full).

    3. Last option come to a payment plan with all your creditors through PayPlan (www.payplan.com) or with the courts or through CAB.

    I am not posting this to scare you but you have left this debt a terrible long time and ignored Balliffs/Enforcement Agents (who are representatives of the courts in this instance) hoping the debt would go away.
     
    #41 stockwellcat, Jan 11, 2017
    Last edited: Jan 11, 2017
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  2. Lurcherlad

    Lurcherlad PetForums VIP

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    Burying one's head in the sand is not a good idea, just hoping the debt will go away.

    The money is owed, so it needs to be paid back somehow.

    I wouldn't wait for the sh*t to hit the fan.
     
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  3. havoc

    havoc PetForums VIP

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    I have sent the OP details of where to get advice from experts and legal professionals. I only hope they've taken heed because some of the flights of fancy on here are truly breathtaking in their ignorance.
     
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  4. havoc

    havoc PetForums VIP

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    This being an utter classic. It's the sort of lie a lowlife debt collector would spout.
     
  5. stockwellcat

    stockwellcat PetForums VIP

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    The advise I gave is how it is.
    You can't ignore debt and hope it goes away and then ignore enforcement agents as it will be escalated to the High Court. So if you think that's rubbish, we'll see.
    How do you know it's utter rubbish.
    1. The OP is in contempt of court for disposing goods on a Controlled Goods Agreement. The agents have been trying to enforce this writ and the case has been sent back to court to get a writ of procession no doubt.
    2. They do escalate debts every day to the High Court to be enforced it only costs the company £66 to do so. That's why High Court Enforcement Agents then step in and collect debts. https://www.hceoa.org.uk/faqs/have-you-been-visited-by-a-high-court-enforcement-officer
    When a claimant obtains a Court Order against you for the payment of money (a “judgment”) and you do not pay;That Claimant can ask the High Court to issue a Writ of Execution ("Writ of Control formerly known as Writ of Fieri Facias”). The Writ is addressed to an Authorised High Court Enforcement Officer. It asks the Authorised High Court Enforcement Officer who will be named on the Writ to enforce the judgment. The Writ is the Authorised High Court Enforcement Officers authority to “execute” the Writ by either:



      • recovering the money owed from you; or
      • taking sufficient of your goods to be sold at auction to raise what is owed.
    It is important to appreciate that the main aim of all High Court Enforcement Officers is to recover the money owed, not to deprive you of possession and use of your goods. They will try, so far as it is possible, to protect both your interest and those of your Claimant.


    3. If you can't pay the debt don't get into debt the first place.
    4. The OP has admitted she has other debts and has been avoiding this debt.

    But believe what you want @havoc.

    The best option for the OP is to declare bankruptcy or get a DRO in this instance and then learn from the mistake from getting into debt.
     
    #45 stockwellcat, Jan 11, 2017
    Last edited: Jan 11, 2017
  6. havoc

    havoc PetForums VIP

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    I thought that's where your expert knowledge was coming from. Not a once on TV have you seen a HCEO force entry to a residential home for an ordinary debt. You've seen them do so when they have a warrant of repossession which specifically grants them the right to do so. Other people do get granted warrants of entry - usually through the Magistrates courts or to change meters and the like. Please stop trying to scare the OP because you've decided to judge them for being in debt and play moral monitor.
     
    #46 havoc, Jan 11, 2017
    Last edited: Jan 11, 2017
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  7. stockwellcat

    stockwellcat PetForums VIP

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    I have given my opinion, provided advice and links to help I was highlighting the OP is in a very serious position at the moment because the letters and debt were ignored.

    I am not arguing with you @havoc and therefore will leave you to doing whatever you are trying to achieve and wish the OP good luck in avoiding this debt, hiding from Balliffs and ignoring the courts.
     
  8. Colliebarmy

    Colliebarmy PetForums VIP

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    The OP could go bankrupt and not pay the debt...or any debt they have
     
  9. Goblin

    Goblin PetForums VIP

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  10. stockwellcat

    stockwellcat PetForums VIP

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    .
     
    #50 stockwellcat, Jan 11, 2017
    Last edited: Jan 11, 2017
  11. Jesthar

    Jesthar PetForums VIP

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    They aren't trying to avoid, hide or ignore it, it just appears to have been forgotten about by all parties involved. As the OP is already paying off other debts, I think we can safely conclude they are committed to doing the responsible thing about their debts, know that they are in a serious position and are simply seeking reassurance that they aren't going to arrive home from work to find their front door busted in and the house emptied out.
     
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  12. havoc

    havoc PetForums VIP

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    Absolutely and ignorant scaremongering doesn't help.
     
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  13. Lurcherlad

    Lurcherlad PetForums VIP

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    Hmm very honourable :rolleyes:
     
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  14. havoc

    havoc PetForums VIP

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    I think you'd be surprised at the number of households with just such debts. It's easy to be judgemental but the organisations owed money have spent years pushing credit and I have no sympathy for them at all. In many cases they don't have valid agreements in place, if they do they have happily buried their heads in the sand to massage their figures and in many cases they deliberately prey on the poor and vulnerable. I come from a time, a background when you didn't buy something if you couldn't afford it. Those days are long gone and if every one lived that way our economy would collapse. I'm long past the point of being judgemental - £1500 is such small change compared with so many of the cases I see.
     
  15. CuddleMonster

    CuddleMonster PetForums VIP

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    OP might find it worth contacting https://capuk.org/i-want-help/cap-debt-help/introduction as I know they offer free debt counselling. I know they have dealt with similar equally serious situations as I know someone who got to the bailiff CC stage and they were able to help.

    Well done to the OP on trying so hard to pay off their debts - I hope this new debt that has crawled out of the woodwork won't be too much of a setback for them and please take advice from professionals before doing anything else.
     
  16. suewhite

    suewhite PetForums VIP

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    If the op could afford to go bankrupt then they could afford to pay the debt not really an answer is it.
     
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