How can I stop a bailiff

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sandy1998
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#1 How can I stop a bailiff

Post by sandy1998 » 05 Nov 2016 08:52

Hi can someone help me please. I have spoken to national debt line and they advised to apply for a dro. I have all the forms and I'm waiting for my credit file report to come back so I can send them off. On the 2nd I got a letter from the court to say if I don't pay by the 9th the bailiff would attend my house. This is making me ill I've not slept since.

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Schedule 12
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#2 Re: How can I stop a bailiff

Post by Schedule 12 » 05 Nov 2016 10:10

You need to find out what kind of debt you have.

As a DRO is in motion, one type of debt cannot be dissolved in a DRO is a court fine. Run this checklist to see if you can stop bailiffs.
http://www.dealingwithbailiffs.co.uk/fo ... p?id=42597

This is a list of options you may be able to use to stop enforcement. http://www.dealingwithbailiffs.co.uk/St ... -Fines.htm

For now. Protect yourself http://www.dealingwithbailiffs.co.uk/Ex ... liffs.html
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

sandy1998
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#3 Re: How can I stop a bailiff

Post by sandy1998 » 05 Nov 2016 11:00

Hi the debt is from a credit card

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Schedule 12
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#4 Re: How can I stop a bailiff

Post by Schedule 12 » 05 Nov 2016 12:30

Is the amount over £600?
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Author: dealingwithbailiffs.co.uk

sandy1998
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#5 Re: How can I stop a bailiff

Post by sandy1998 » 05 Nov 2016 12:36

Yes its £2661.46

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Michelle
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#6 Re: How can I stop a bailiff

Post by Michelle » 06 Nov 2016 05:59

jasonDWB wrote:Is the amount over £600?
sandy1998 wrote:Hi the debt is from a credit card
Judgments relating to accounts regulated by the Consumer Credit Act cannot be transferred up to the High Court for enforcement even if over £600.
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Schedule 12
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#7 Re: How can I stop a bailiff

Post by Schedule 12 » 06 Nov 2016 09:11

Then its a common debt collector.

The debt might be traded, but that is not the OP's problem.
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Pote Snitkin
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#8 Re: How can I stop a bailiff

Post by Pote Snitkin » 06 Nov 2016 10:34

jasonDWB wrote:Then its a common debt collector.
Or a County Court bailiff.
On 29/07/17, Compo said "If you are interested I actually typed the word label. My spell checker interpreted it as liable" Discuss.

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Amy
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#9 Re: How can I stop a bailiff

Post by Amy » 06 Nov 2016 12:10

Sandy, do you have a CCJ for this debt?

sandy1998
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#10 Re: How can I stop a bailiff

Post by sandy1998 » 06 Nov 2016 14:14

The bailiff is from the county court I have been advised to ignore them and not to let them into my property. I have wrote letters to the court advising. Yes it's a ccj

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Michelle
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#11 Re: How can I stop a bailiff

Post by Michelle » 06 Nov 2016 15:43

sandy1998 wrote:The bailiff is from the county court I have been advised to ignore them and not to let them into my property. I have wrote letters to the court advising. Yes it's a ccj
Although the judgment cannot be transferred to the High Court for enforcement, it can still be enforced by County Court bailiffs in a similar manner and it should not be ignored. Rather than writing letters, you need to submit an N245 form requesting a stay of execution: http://s3-eu-west-1.amazonaws.com/hmcts ... 45-eng.pdf. Provide your financial details and make an affordable monthly offer on the form. The fee is £50 unless you qualify for fee remission. See form ex160: http://www.justice.gov.uk/downloads/for ... upto-6.pdf. If your circumstances are such that you qualify for a DRO you may also qualify for remission of the fee.

Once a monthly installment is agreed with the court, a creditor cannot use bailiffs to enforce a CCJ as long as you keep up the agreed repayments. If you are unable to pay the agreed amount in the future, you can apply for a variation in the same way, using an N245. Much better than dodging the bailiffs. Although they cannot force entry into your home, they can take any vehicles parked outside as well as gain peaceful entry through an unlocked door and, if they visit, they can add the enforcement stage fee to your debt.

If your DRO goes through then no further action can be taken on any of the debts included in the DRO.
Listen very carefully, I shall post this only once:
Anything posted by me is from my own knowledge and experience, it is not legal advice or the official views of this forum.

Knowledge is Power.

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