fredricksons have sent in court bailiffs

[debt4get]

my daughter has a debt with fredricksons and it obviously has already been through the court processes as they have sent the court bailliff to her door to collect money

she hasnt paid him for a couple of weeks and he now wants to force entry employing a locksmith if necessary to retrieve goods for debt

what rights etc has she got and is there anything i can now do to stop it all help plse if u can

[rory32]

Which bailiff company is it? There are different types of bailiffs, do not assume that he is a court bailiff, he may be a private bailiff. I assume that a CCJ was granted along with a time to pay order, is that correct? Or have the repayments been set by Fredrickson? Why hasn't she paid? Is there is a genuine reason why she can't pay rather than won't pay? What is the debt for - bailiff's can't break into your house for civil debts.

[debt4get]

hes defo a court appointed bailliff have seen the letter she hasnt paid due to financial problems as he wants 35 quid a week and she only on IS with 2 kids, also i rang the number he gave and it was our local county court (wont give which one) now of course cos she aint paid for 2 weeks its 70 quid or he is saying in letter he will force entry and if necessary use a locksmith which will also make her liable for the locksmiths payment any suggestions greatefully received

[rory32]

Has the payments been set by the court or the bailiff? This is very important. Also as previously stated he cannot just break-in. Has the bailiff previously been inside the house?

[BePositive]

Only bailiffs employed by the Inland Revenue can force entry and they will be accompanied by the Police:

 

But any bailiff can gain entry by walking through an open door, an unlocked door, or go through an open window.

 

These are two really good sites on their powers:

Debt Basics - Bailiff Guide - know your rights

How To Deal With The Bailiff

 

Either way if she refuses to pay it can result in impisonment. Why hasn't she paid? and how much is it for?

If it is a CCJ debt she can apply on form N245 to suspend the warrant to seize goods and to make an offer of payment that the debtor can afford. The form lists details of their income, expenditure, debts, and an offer of payment (this is obviously only in cases where the debtor cannot afford the current payments) The bailiff will not take any further action once the debtor has applied on the form N245 and sent it to the court but there is a fee of £35.00. (see info here: The requested resource (/HMCSCourtFinder/tiles/Her Majesty's Courts Service -Forms and Guidance) is not available )

 

 

Please tip my scales if this has been useful.

[rory32]

Thread moved to Bailiffs Forum.

[mr.ton]

I would recommend contacting the court the bailiffs have been sent from - if indeed they have been sent from anywhere? my guess is they havent - of which they will be breaking the law by taking anthing from ur house.

I would also get the police involved if i were u and see what they say.

[debt4get]

Only bailiffs employed by the Inland Revenue can force entry and they will be accompanied by the Police:

 

But any bailiff can gain entry by walking through an open door, an unlocked door, or go through an open window.

 

These are two really good sites on their powers:

Debt Basics - Bailiff Guide - know your rights

How To Deal With The Bailiff

 

Either way if she refuses to pay it can result in impisonment. Why hasn't she paid? and how much is it for?

 

If it is a CCJ debt she can apply on form N245 to suspend the warrant to seize goods and to make an offer of payment that the debtor can afford. The form lists details of their income, expenditure, debts, and an offer of payment (this is obviously only in cases where the debtor cannot afford the current payments) The bailiff will not take any further action once the debtor has applied on the form N245 and sent it to the court but there is a fee of £35.00. (see info here: The requested resource (/HMCSCourtFinder/tiles/Her Majesty's Courts Service -Forms and Guidance) is not available )

 

 

Please tip my scales if this has been useful.

thankyou for reply are u sure she can be jailed for non payment of a civil debt as she tells me there is a ccj on this debt, although not refusing to pay by him taking 35 quid a week she is getting further and further behind but will get court forms and fill in

[BePositive]

Hiya, yes although imprisonment is very very rare and in cases such as this, only if there is wilful or deliberate disobeying of court orders. Imprisonment isn't for the debt itself but for persistently refusing to co-operate with the county courts.

 

Your best bet would be as you say to complete the forms on the link above as they are specifically for those who are unable to keep up with existing payments. Another good site for information is the following:

 

IVA | Individual Voluntary Arrangements | IVAs | UK Debt and IVA Advice Help

[BePositive]

oh also if she is on certain benefits or low income she may be waived the £35 fee, that info is on one of the links above.

[debt4get]

yeah read that bit thanks for all the advice people most appreciated will get onto form in the morning