Bailiffs chasing - default on grant of time to pay

[fredthered87]

Can anyone please advise.

 

 

I have defaulted on a 'grant of time to pay' and have now received a notice of enforcement from (dated 02/09/2014) a firm of HCEO's

 

I defaulted because I had to pay a family loan for money I had borrowed for legal help during the trial, but the court don't recognize family loans as priority debt. This is now paid and I can start to pay the order.

 

We have a baby due in a matter of weeks and now the bailiffs are threatening

 

The debt is for £2880,

to stop them acting I have arranged to pay £800 tomorrow

and they then gave me 6 weeks to pay the balance

- honestly I cant afford either

 

I have tried speaking to the baliffs they are not interested in setting up any other payment plan.

 

I have tried the court and they are not interested saying now its with the baliffs there is nothing they can do.

 

What I'm concerned about is my partner is 7.5 months pregnant,

 

 

she owns everything in the house most of it on finance,

 

 

if I cant afford it and don't own anything what can they do?

 

please help

[fredthered87]

default on grant of time to pay

 

Can anyone please advise. I have defaulted on a 'grant of time to pay' and have now received a notice of enforcement from (dated 02/09/2014) a firm of HCEO's

 

I defaulted because I had to pay a family loan for money I had borrowed for legal help during the trial, but the court don't recognize family loans as priority debt. This is now paid and I can start to pay the order.

 

We have a baby due in a matter of weeks and now the bailiffs are threatening

 

The debt is for £2880, to stop them acting I have arranged to pay £800 tomorrow and they then gave me 6 weeks to pay the balance - honestly I cant afford either

 

I have tried speaking to the baliffs they are not interested in setting up any other payment plan.

 

I have tried the court and they are not interested saying now its with the baliffs there is nothing they can do.

 

What I'm concerned about is my partner is 7.5 months pregnant, she owns everything in the house most of it on finance, if I cant afford it and don't own anything what can they do?

 

please help

[fredthered87]

can anyone help?

 

getting desperate... the bailiff co says I can't submit a n244/5 not sure which one (because Ive defaulted on time to pay) but I cant see how sitting and waiting for the baliffs to realize they cant get anything, whilst their charges go up will help, there has to be something I can do???

 

Please any help appreciated...

[Conniff]

Hang in there Fred. I know you are worried, but advice will be along soon.

[Bailiff Advice]

In order to provide an accurate response can you confirm that this debt is for an unpaid County Court judgment that has been transferred up to the High Court for enforcement.

 

My question is prompted by your comment in post number one that you defaulted as you had to pay back some money that you borrowed in relation to 'the trial'. I am not sure whether this is a trial at the County Court or Magistrates Court. If you could respond asap that would be great.

 

Also, you have said that most of the items in the property are owned by your partner and are on finance. Are you referring here to items of a high value?

 

PS: Given the size of the debt a bailiff would not be able to 'take control of goods' of sufficient value to cover this debt and accordingly, would more than likely look towards 'taking control' of a vehicle. If you have a vehicle please be carefully as it is the most likely item to seize.

[Bailiff Advice]

It is very important indeed to ensure that you have copies of any finance agreements to hand if the enforcement agent visits the property to set up a payment arrangement.

 

Within the past week there have been quite a few enquiries about debts enforced by a High Court Enforcement Agent(now known as a Enforcement Agent) and with the confusion surrounding the fee structure it would be best if I start a new thread.

 

However in brief and for the avoidance of doubt, the fees structure for debts enforced by a High Court Enforcement Officer are very different indeed from those for other debts types but there is a further important provision in that whilst the fee structure introduces an incentive to enter into an affordable payment proposal the fact remains that unless a debtor pays the entire debt in full at the Compliance Stage (when fees of £75 plus vat are added) then in every case the enforcement agent is obliged to visit the debtor in order to 'secure' the debt by 'taking control of goods' and entering into a 'Controlled Goods Agreement' (previously known as a Walking Possession Agreement).

 

This visit is referred to in the statutory regulations as a "Enforcement Stage 1' and triggers a fee of £190 plus 7.5% on the sums to be recovered over £1,000 plus VAT.

 

PS:

 

For non-High Court debts a payment proposal can be entered into without the obligation to 'take control of goods' and sign a 'Controlled Goods Agreement' during the 'compliance stage' . This will avoid the enforcement fee of £235 being applied.

[fredthered87]

Im so confused by all the jargon...

 

The trial was in a crown court? is that the same as a high court? when I spoke to someone at the court re the debt they directed me to the Majistrates court.

 

Who then said they could do nothing as it had gone to the bailiff co.

 

The bailiff co not interested in talking, guess they make more money out of not talking if they talk they don't have to come out and cant charge fees!

 

Ive heard that it is best to pay court direct not bailiff??

[Bailiff Advice]

Fred,

 

The Magistrate Court is the correct court to issue a warrant of control.

 

As I had stated above, it is very difficult to provide an accurate response without knowing a bit more background. For example:

 

Have you paid the sum of £800 that you mention in your opening post?

 

Has your partner managed to get evidence together to prove that she owns most of the items in the property?

 

Do you have a car? If so, it can be at serious risk of being taken.

 

If you have a car is this subject to finance?

 

Have you provided evidence to the enforcement company that goods in the property or not yours and have you provided evidence that you partner is in the late stages of pregnancy?

 

PS: The matter of your partners pregnancy does not prove that you are 'vulnerable' but may well be used to assist with getting a sensible payment proposal set up.

 

When a Notice of Enforcement is sent it provides on it a strict time frame in which to either make payment or make a payment proposal. Did you contact the enforcement company during this time to outline a payment proposal?

[fredthered87]

feeling very vulnerable Ive just read another forum which says that cag is sponsored by bailiffs co!

[Conniff]

feeling very vulnerable Ive just read another forum which says that cag is sponsored by bailiffs co!

 

 

If you had read on you would have seen that it is also sponsored by Al Capone and the Kray Brothers.

 

 

CAG is not sponsored by anyone. All funds are by voluntary donation of the users of CAG.

[Bailiff Advice]

feeling very vulnerable Ive just read another forum which says that cag is sponsored by bailiffs co!

 

In fact I would be pleased to outline the true position.

 

A few of the larger bailiff companies have set up independent "Advisory Groups' and in doing so have appointed representatives from local authorities and outside organisation's so that they may share views on ways in which to improve compliance with the regulations.

 

Consumer Action Group (and indeed Money Saving Expert) were the first forums to be set up in 2006 and it was only this forum that had a dedicated 'Bailiff and High Court Enforcement' section.

 

Given its huge popularity this forum is viewed almost daily by enforcement companies and accordingly (and quite rightly in my opinion) it was inevitable that when Marston Group set up their own 'Advisory Group' they approached the owner of this forum to invite him to be a member of their Advisory Group'. After all......given its popularity....this forum (and it's owner) is better placed than anyone to express the views on how the public are being affected by bailiff action !!!

 

There is more......

 

As I mentioned above.....a few of the larger enforcement companies have now set up their own 'Advisory Groups'. The second company that have done so is JBW Group. Of significance is that included in their 'advisory group' is Mr John Kruse. He is without doubt the most experienced person with regards to bailiff laws in the country and has written many books on the subject. He has also been an advisor to the government on bailiffs. He has just released by new publication (a copy of which I received a week ago) entitled: Taking Control of Goods: Bailiff Powers.

 

The comment that you have read on the internet that this site is 'sponsered' by a bailiff company is utter nonsense and is intended for one reason only....to stop vulnerable debtors obtaining access to accurate information.

[fredthered87]

didnt mean to cause any offense, you just dont know who you can trust or who you are talking to on these forums, and I for one find it scary!

[Sweetlaw]

In fact I would be pleased to outline the true position.

 

A few of the larger bailiff companies have set up independent "Advisory Groups' and in doing so have appointed representatives from local authorities and outside organisation's so that they may share views on ways in which to improve compliance with the regulations.

 

Consumer Action Group (and indeed Money Saving Expert) were the first forums to be set up in 2006 and it was only this forum that had a dedicated 'Bailiff and High Court Enforcement' section.

 

Given its huge popularity this forum is viewed almost daily by enforcement companies and accordingly (and quite rightly in my opinion) it was inevitable that when Marston Group set up their own 'Advisory Group' they approached the owner of this forum to invite him to be a member of their Advisory Group'. After all......given its popularity....this forum (and it's owner) is better placed than anyone to express the views on how the public are being affected by bailiff action !!!

 

There is more......

 

As I mentioned above.....a few of the larger enforcement companies have now set up their own 'Advisory Groups'. The second company that have done so is JBW Group. Of significance is that included in their 'advisory group' is Mr John Kruse. He is without doubt the most experienced person with regards to bailiff laws in the country and has written many books on the subject. He has also been an advisor to the government on bailiffs. He has just released by new publication (a copy of which I received a week ago) entitled: Taking Control of Goods: Bailiff Powers.

 

The comment that you have read on the internet that this site is 'sponsered' by a bailiff company is utter nonsense and is intended for one reason only....to stop vulnerable debtors obtaining access to accurate information.

 

That's REALLY interesting, cos I've never read about John Kruse being a bailiff, in the bailiff's pockets, receiving backhanders etc.... as I have read about this forum. It seem's a bit unfair to me. One rule for one and one for another and all that!

[fredthered87]

so if bailiffs read these posts to see whats going on, how do you know they are not the ones giving the advice and playing you straight into their colleagues hand?

[Bailiff Advice]

didnt mean to cause any offense, you just dont know who you can trust or who you are talking to on these forums, and I for one find it scary!

 

No offence at all. It is good to be able to make the point clear.

[Bailiff Advice]

so if bailiffs read these posts to see whats going on, how do you know they are not the ones giving the advice and playing you straight into their colleagues hand?

 

Again, I am happy to answer this point. The truth of the matter is that all bailiff companies view ALL forums on a daily basis and this is why I personally shudder whenever I view forums and see that debtors are openly exhibiting letters that they have received from court, their MP's or bailiff companies and where their identity is displayed.

 

If it is OK with you...what is very important is to see how best to assist you with your immediate problem regarding bailiffs and to also protect your partner. If you have already posted on other forums then it will merely cause confusion (and indeed delay) if you then post the same query on other forums as well.

[Bailiff Advice]

One final point that I would like to make is this:

 

The new regulations have given far better protection to 'vulnerable' debtors but a bailiff does not have a 'crystal ball' and will not be able to know unless advised beforehand if there is a case of 'vulnerability'.

 

Many queries about bailiffs, court fines, council tax , road traffic debts and much more feature in other parts of this forum and with this section as well the Consumer Action Group forum are an extremely popular source of information for debtors. Also, we have a lot of very helpful posters on here who have assisted with helping hundreds (if not thousands) of debtors with enquiries.

 

Given this sites popularity, if a 'vulnerable' case is identified on the forum certain moderators do have contact details to immediately refer vulnerable cases to any one of the many enforcement companies. This includes all companies (including those enforcing debts transfered up to the High Court for enforcement).

[fredthered87]

there are details I would need to give you but uncomfortable sharing with the world regarding vulnerable which I do believe matter, cant send private message as not had enough posts??

[Bailiff Advice]

Personally, I only ever send private messages in cases where an extreme vulnerability is identified but will only ever do so after first alerting a site team moderator. I much prefer to keep it this way.

 

Accordingly, I have sent a message to one of the site team for you.

[citizenB]

Fred, I have just sent you a private message, if you could respond as soon as possible, then I am sure this matter can be sorted out for you.

[citizenB]

didnt mean to cause any offense, you just dont know who you can trust or who you are talking to on these forums, and I for one find it scary!

 

No offence has been taken, I am sure. It is only natural to be wary

[citizenB]

BTW, you are able to respond to my private message

[Sweetlaw]

Distressing reading here. Seems people are running down this site and people on it who give really good help. Whoever is doing this doesn't care much about people in difficulty. A real shame and well done to ALL those who keep up this really good work, despite the stupid rumours.

[lookinforinfo]

I agree with you Sweetlaw.

In fact I think it is about time that the Forum owners and Tomtubby take legal advice with a view to having these snide comments removed from the rival forums

since they [the rivals] well know that there is not an iota of truth in what they say. It cannot just be the OP who is worried by the derogatory remarks made on

other websites.

What I would say to Fredthered is to look at the posts by Tomtubby [especially the "Stickies" at the start of this section] to appreciate the help that is provided in

explaining the Law relating to Enforcemant Agents.

Also look to see how many of the posts where people who have had problems with bailiffs have been helped-either to get their overcharged fees back or to have

their case returned to the Council.

Also look at posts by Brassnecked who constantly advise posters that BAILIFFS LIE [and yes they do lie]! If this forum was run by bailiffs Brassnecked would have been barred years ago for what he says about EAs. And so would Oldbill who is

never backward in slagging off bailiffs either.

 

As far as bailiffs reading the threads on here are concerned, there would be something wrong if they weren't doing that. They do it on all bailiff sites where advice is given to counteract bailiff tactics and lies.

Don't take the word of rival forums use your own intelligence and read different threads on here and decide for yourself

whether we are trying to pull the wool over your eyes or whether the advice given here is in the best interest of the people

who post on here and who are having major problems with bailiffs.

 

And if you find any advice that you are unsure about on here, just ask and someone will explain why the actions suggested

were the right ones.

[*RainbowTears*]

I agree with you Sweetlaw.

In fact I think it is about time that the Forum owners and Tomtubby take legal advice with a view to having these snide comments removed from the rival forums

since they [the rivals] well know that there is not an iota of truth in what they say. It cannot just be the OP who is worried by the derogatory remarks made on

other websites.

What I would say to Fredthered is to look at the posts by Tomtubby [especially the "Stickies" at the start of this section] to appreciate the help that is provided in

explaining the Law relating to Enforcemant Agents.

Also look to see how many of the posts where people who have had problems with bailiffs have been helped-either to get their overcharged fees back or to have

their case returned to the Council.

Also look at posts by Brassnecked who constantly advise posters that BAILIFFS LIE [and yes they do lie]! If this forum was run by bailiffs Brassnecked would have been barred years ago for what he says about EAs. And so would Oldbill who is

never backward in slagging off bailiffs either.

 

As far as bailiffs reading the threads on here are concerned, there would be something wrong if they weren't doing that. They do it on all bailiff sites where advice is given to counteract bailiff tactics and lies.

Don't take the word of rival forums use your own intelligence and read different threads on here and decide for yourself

whether we are trying to pull the wool over your eyes or whether the advice given here is in the best interest of the people

who post on here and who are having major problems with bailiffs.

 

And if you find any advice that you are unsure about on here, just ask and someone will explain why the actions suggested

were the right ones.

 

Hear hear!

 

I'm in total agreement with your sentiments BUT sadly "other sites" truly muddy the waters with their utter bullsh*t. Which in turn helps noone.

 

It should always be about helping those in need, to which CAG & "everyone" who helps do a fantastic job!!

 

BTW (for "other site") I'm not a "shill poster" despite what you may think, I'm me in all my many wonderful ways!!