Bailiff



MigsGoalKicks said:
I received a letter last week from a bailiff company saying they've bought my debt from a housing association I used rent a flat from.

The debt is only £337. But after paying everything from my monthly wage I'm only left with £40 or £50 quid a week to live off. So it's gonna be a pain in the arse to pay it.

I'm certain when I left the flat I wasn't in any rent arrears. I moved out of there in 2014 and this is literally the first I've heard from it. I contacted the housing association and they've said they'd send me a statement out but it's been over a week now. I've emailed them again on Friday and heard nowt back. The bailiffs said they can only hold my account for another 3 days before they continue to take action.

Any advice? I'll be happy to make a payment plan if they can prove to me I owe money but I want to see evidence first. I know it's only £300 odd but it's a bit of a big deal for me.
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Baliffs aren't allowed to take anything from your property or threaten you without taking you to court first. Only the court can sanction a baliff to take things from your property. Private firms use baliffs to intimidate you into giving up your stuff. It is a cruel and horrible practice but it is what it is. Make sure if anyone comes to your property you video everything, you make it clear they are not allowed in the house unless they have a signed court order, (not the bullshit signature that says a judge approves this court order, that's just a stamp saying this piece of paper is a court order), it's two signatures by a judge sanctioning the words on the order itself. Before that you will have been invited to appear in court to plead your case. If they bring the police, inform the police that without a written court order or warrant they aren't allowed in either. Often police officers are cajoled into helping them without even understanding the law themselves.
 
As someone who does Small Claims for a living that debt would be a £50 Issue fee and a £55 Hearing Fee. Solicitors costs would be capped at £50 also (solicitors only make £100 costs of the top bracket of small claims so most don't like taking them on - most contracts to do small claims are because they also get the fast track claims - which you charge solicitor fees hourly). Small Claims barrister is around £360 a hearing on average.

Therefore if it is a legit debt I'd recommend you offer a payment plan (there are also income and expenditure forms to fill in to prove what you pay out on the stepchange website).
 
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Aituk7 said:
Baliffs aren't allowed to take anything from your property or threaten you without taking you to court first. Only the court can sanction a baliff to take things from your property. Private firms use baliffs to intimidate you into giving up your stuff. It is a cruel and horrible practice but it is what it is. Make sure if anyone comes to your property you video everything, you make it clear they are not allowed in the house unless they have a signed court order, (not the bullshit signature that says a judge approves this court order, that's just a stamp saying this piece of paper is a court order), it's two signatures by a judge sanctioning the words on the order itself. Before that you will have been invited to appear in court to plead your case. If they bring the police, inform the police that without a written court order or warrant they aren't allowed in either. Often police officers are cajoled into helping them without even understanding the law themselves.
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If the Housing Association has passed the debt onto bailiff, they'll have taken court action. Housing Associations and Councils don't take short cuts when taking recovery action. In addition, if it's Council Tax debt (which I appreciate in this case it isn't) bailiffs don't need a signed court order. Liability Orders issued for Ctax debts are signed en masse, i.e., multiple, usually 100s of liability order are approved by a single court signature. That's enough for the Council to forward the debt onto the bailiff without further written notice 14 days after the LO has been granted. The bailiff will just turn up with an instruction from the Council showing the date of the LO which they've received electronically.

However, I was of the impression that usually bailiffs for rent arrears are used for eviction not to taking walking/closed possession of goods. Regardless, I'd suggest that he takes advice from CAB
 
MigsGoalKicks said:
They have my address, email, phone number (cos I rang them) don't know how they got any of the information.

Dukes Bailiffs Limited is the company. No idea how legit they are.
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I know Dukes Bailiffs, they've based not far from where I live and I used to work with a guy who worked for them so they are a legit company.

They should have a breakdown of the debt that they've been passed by their client
 
jackpunch said:
If the Housing Association has passed the debt onto bailiff, they'll have taken court action. Housing Associations and Councils don't take short cuts when taking recovery action. In addition, if it's Council Tax debt (which I appreciate in this case it isn't) bailiffs don't need a signed court order. Liability Orders issued for Ctax debts are signed en masse, i.e., multiple, usually 100s of liability order are approved by a single court signature. That's enough for the Council to forward the debt onto the bailiff without further written notice 14 days after the LO has been granted. The bailiff will just turn up with an instruction from the Council showing the date of the LO which they've received electronically.

However, I was of the impression that usually bailiffs for rent arrears are used for eviction not to taking walking/closed possession of goods. Regardless, I'd suggest that he takes advice from CAB
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If they have taken court action, he will have been invited to appear in court. What I was basically saying was unless the proper steps have been taken he shouldn't bow to pressure which is their usual MO.
 
MigsGoalKicks said:
I received a letter last week from a bailiff company saying they've bought my debt from a housing association I used rent a flat from.

The debt is only £337. But after paying everything from my monthly wage I'm only left with £40 or £50 quid a week to live off. So it's gonna be a pain in the arse to pay it.

I'm certain when I left the flat I wasn't in any rent arrears. I moved out of there in 2014 and this is literally the first I've heard from it. I contacted the housing association and they've said they'd send me a statement out but it's been over a week now. I've emailed them again on Friday and heard nowt back. The bailiffs said they can only hold my account for another 3 days before they continue to take action.

Any advice? I'll be happy to make a payment plan if they can prove to me I owe money but I want to see evidence first. I know it's only £300 odd but it's a bit of a big deal for me.
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It's a try on. Suggest, to them, that the matter is taken to the Court Arbitration Service. They will have to pay the costs and provide proof of debt.
 
MigsGoalKicks said:
I received a letter last week from a bailiff company saying they've bought my debt from a housing association I used rent a flat from.

The debt is only £337. But after paying everything from my monthly wage I'm only left with £40 or £50 quid a week to live off. So it's gonna be a pain in the arse to pay it.

I'm certain when I left the flat I wasn't in any rent arrears. I moved out of there in 2014 and this is literally the first I've heard from it. I contacted the housing association and they've said they'd send me a statement out but it's been over a week now. I've emailed them again on Friday and heard nowt back. The bailiffs said they can only hold my account for another 3 days before they continue to take action.

Any advice? I'll be happy to make a payment plan if they can prove to me I owe money but I want to see evidence first. I know it's only £300 odd but it's a bit of a big deal for me.
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Explain your circumstances to whoever bought your debt and offer them a settlement figure of 30%. They will haggle you up to 50% if you pay within 30 days
 
Have had a statement from housing association. Basically from moving out it overlapped. They were sending the letters to an address I never lived in.

Paying £25 A month which is a bit of a pain in the arse but manageable. Lass on the phone wasn't pushing for more money and was understandable of my situation.
 
To cut a long story short, if Bailiffs are in possession of a Court order can they legally smash your door in ?

Edit, I’m referring to the house door of course.
 
You need to clarify whether they are acting as bailiffs or merely as debt recovery agents.

If they've bought the debt (known as factoring) they are probably a debt recovery agent as opposed to a bailiff acting under a High Court writ County Court warrant. If so, they have no bailiff powers at all and have no right to come onto or into your property. They will only get a writ or warrant if they first take you to court and get judgment against you. Even if they get a writ or a warrant, for this type of non-priority unsecured debt their powers will be very limited and they cannot break in.

If the debt is from 2014 it will be limitation barred in 2020 so long as you do not acknowledge your liability for the debt in writing or make any part payments. If you do either of these things the six year limitation clock will start again.
I see you have agreed to pay £25 per month. So long as no payments have been made yet, my advice holds up.

Personally, if possible I would try and hold out until 2020 and take the gamble they won't issue proceedings (they will have bought the debt for a pittance).
 
MigsGoalKicks said:
I received a letter last week from a bailiff company saying they've bought my debt from a housing association I used rent a flat from.

The debt is only £337. But after paying everything from my monthly wage I'm only left with £40 or £50 quid a week to live off. So it's gonna be a pain in the arse to pay it.

I'm certain when I left the flat I wasn't in any rent arrears. I moved out of there in 2014 and this is literally the first I've heard from it. I contacted the housing association and they've said they'd send me a statement out but it's been over a week now. I've emailed them again on Friday and heard nowt back. The bailiffs said they can only hold my account for another 3 days before they continue to take action.

Any advice? I'll be happy to make a payment plan if they can prove to me I owe money but I want to see evidence first. I know it's only £300 odd but it's a bit of a big deal for me.
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I'd be very surprised if they took this to Court which they'd have to do to enforce it. Tell them you don't believe you owe anything and let them make the next move.

I've told this before but it's worth telling again. I heard about a lad who owed something like £1000 and told the bailiffs he had the cash and to come round and collect it. He'd managed to change the £1000 into copper and had it in a bin.
When they turned up he said there you go but demanded that they count it in front of him and write him a receipt. After however long that took, they carried this bin full of coins to the car ready to leave only for the lad to ask" where do you think your going with that bin?". Prob not true but I'd like to hope it was.

Goat Eyes said:
Start hiding all your valuables and let them come.

Alternatively, ring the housing association and kick off. Tell them you’ll hang up only once you’ve received the email with the statement on.

Then, if you owe it offer a payment plan that suits you. If not case closed.

Bailiffs can only enter your property through peaceful entry and through an unlocked door or window.

(All knowledge gained from can’t pay we’ll take it away).
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They need a Court Order to come into your property mate.
 
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I’m paying 2 lots of debts of with bailiffs think it’s only a tenna a month. Went on the working tax credits 2 separate occasions for a few months. Years later got letters saying I owe 300 quid then another saying I owed another 700. Rang them and they reckon it’s not a mistake. Sure am getting robbed off them but what can ya do. Anyway just say your skint but can pay a 5a a month or sumit they are normally alright about it.
 
lenshack said:
To cut a long story short, if Bailiffs are in possession of a Court order can they legally smash your door in ?

Edit, I’m referring to the house door of course.
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They can if its a commercial property & its a business debt. Residential property they can only enter peacefully.
 
gavinmcant said:
I'd be very surprised if they took this to Court which they'd have to do to enforce it. Tell them you don't believe you owe anything and let them make the next move.

I've told this before but it's worth telling again. I heard about a lad who owed something like £1000 and told the bailiffs he had the cash and to come round and collect it. He'd managed to change the £1000 into copper and had it in a bin.
When they turned up he said there you go but demanded that they count it in front of him and write him a receipt. After however long that took, they carried this bin full of coins to the car ready to leave only for the lad to ask" where do you think your going with that bin?". Prob not true but I'd like to hope it was.



They need a Court Order to come into your property mate.
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I thought copper coins were only legal tender for something like up to 20p? Could the bailiffs not have refused that and insisted he pay in legal tender?
 
MigsGoalKicks said:
I received a letter last week from a bailiff company saying they've bought my debt from a housing association I used rent a flat from.

The debt is only £337. But after paying everything from my monthly wage I'm only left with £40 or £50 quid a week to live off. So it's gonna be a pain in the arse to pay it.

I'm certain when I left the flat I wasn't in any rent arrears. I moved out of there in 2014 and this is literally the first I've heard from it. I contacted the housing association and they've said they'd send me a statement out but it's been over a week now. I've emailed them again on Friday and heard nowt back. The bailiffs said they can only hold my account for another 3 days before they continue to take action.

Any advice? I'll be happy to make a payment plan if they can prove to me I owe money but I want to see evidence first. I know it's only £300 odd but it's a bit of a big deal for me.
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