please can someone help? a bailiff called to my home today becouse we made an agreement to pay weekly but have fallen bahind due to no work at the moment, he had a walk in agreement and says that he will be back with a lock smith to gain entry and take our goods! can he do this? he wants 2oo by friday but we cannot pay that amount. i have called citezen advice and they could not help. do you know how i could solve this or anyone i could call??
2007-03-06 20:28:03 · 13 answers · asked by haze 2 in Politics & Government ➔ Law & Ethics
A walking possession agreement means that the goods that have been seized now legally belong to the bailiff and can be removed at any time. However, they will allow them to remain in your home and you can continue to use them providing you keep your side of the agreement, e.g. you make agreed payments.
A walk in possession order is only valid for 14 days, when it must be renewed.
A walk in agreement does give the bailiff the right to re-enter your home, and he does not need your permisson. He can bring a locksmith with him. The general rule is never sign anything.
If you do not have the money to pay the debt, then you must act quickly and seek an injunction in the county court. This will prevent further action by the bailiff untill a district judge has reviewed your case. You may be able to make an agreement to pay in instalments, even at this late stage.
If in doubt call an organisation like the national debtline.
2007-03-06 23:24:52 · answer #1 · answered by stephen.oneill 4 · 0⤊ 0⤋
Because he has a WALK IN AGREEMENT does not mean he has to take your goods . Phone their office NOW, make an offer to pay off the debt , confirm in writing your offer, keep copies. keep all your doors and windows firmly closed in the meantime.Please be aware he cannot force an entry.,nor can he use a locksmith to gain entry, UNLESS the property is itself the subject of the order.
The value of your goods to them has no priority . they will take thousands of pounds worth of goods to settle the smallest of debts , plus they will add on costs of -A LORRY, TWO OR THREE MENS WAGES, etc. Do understand that the laws that cover Bailiffs is enforceable only if you allow access and ignore any attempt to pay . PAY what you can , do not break agreements . Incidently they can be very rude ,impersonal and uncaring , its the nature of their job and noone will get involved , including the police. best wishes .
2007-03-06 20:51:42 · answer #2 · answered by katrinasfather 3 · 0⤊ 0⤋
Bailiffs are not allowed to break into your living house. there are particular guidelines as to what they could or may no longer do. besides, the magistrates courtroom does no longer use the facilities of bailiffs (no longer like the County courtroom). I worry that you're drawing close this from the incorrect attitude. once you've an unpaid effective to the magistrates courtroom, what you want to do is to ask the Fines and prices officer to placed you contained in the record for the weekly Fines Enforcement courtroom. you are able to then tell the magistrates why you have not paid the effective and they are going to come to some association with you wherein you pays the effective, regardless of the truth that if it truly is in reality a fiver a week. by technique of sticking your head contained in the sand and prepared for issues to take their route, you're making concerns worse. by technique of how, if the effective is owed to a courtroom except your interior sight magistrates' courtroom, you'll discover that it truly is been transferred to be dealt with by technique of your interior sight courtroom. it truly is the courtroom to get in contact with.
2016-12-05 08:51:16 · answer #3 · answered by ? 4 · 0⤊ 0⤋
You definately need some advice. I'm very suprised the CAB cant help. That is what they are there for . If it were me I'd be inclined to insist on something more from them. They should at least be able to refer you to someone who can help you.
It sounds as if you must have signed this walk in agreement.
If it comes to it you would be far better off selling some of your goods privately to raise this money rather than letting them seize your goods as you will only get a fraction of their worth.
If your debts are mounting you need to consider a Volantary arrangment or Bankruptcy. There is a lot of help to be had out there and you dont have to suffer endlessly.
Get Help.
Good Luck
2007-03-06 20:47:27 · answer #4 · answered by Anonymous · 1⤊ 0⤋
Sorry top say that if a bailiff has a court order, then he is allowed to enter your premises to confiscate goods.
The police cannot do anything to help you, because the court order supercedes their powers. Also, any violence directed towards a bailiff is the same as directing violence towards any peace officer.
2007-03-06 20:42:11 · answer #5 · answered by Chief BaggageSmasher 7 · 1⤊ 0⤋
Oh you poor thing that is such a scary thing I too am in debt. Please contact the CCCS who will give you advise and make an appointment to discuss your debt with you.
They advised me the only people who can gain entry to your house like this are Court Baliffs, The Police and Inland Revenue so you really need to speak to them immediately.
Good Luck.
http://www.cccs.co.uk/
2007-03-06 20:32:18 · answer #6 · answered by Anonymous · 2⤊ 0⤋
You say he has a 'walk in agreement' did you make this agreement? if so you are at fault for breaking your contract and he is in his rights. Allow him entry or you could be in court and receive a worst penalty.
2007-03-06 20:38:28 · answer #7 · answered by john k 5 · 1⤊ 0⤋
Poor you...All the above have given good sound advice so i can only add, until you can sort this out DO NOT open your door or windows.If he gets ONE FOOT inside you have to let him in. and if you have children make sure they don't answer the door because the clever B*stards will try and get them to open up.. Take anything of real value out of the house. Store it at friends,parents anywhere, but get it out until you have this sorted. GOOD LUCK
2007-03-06 23:29:32 · answer #8 · answered by David 4 · 0⤊ 0⤋
...Call the Court and talk with the Judge who has rendered the original decision in the case... you'll have to talk with the Clerk of Courts first... Call the Department that "this guy" works for... talk with a supervisor... I've never heard of such a search and seizure for a rendered case... where are you...? Cuba...? North Koreah...?
2007-03-06 20:40:41 · answer #9 · answered by Anonymous · 2⤊ 0⤋
A petty *** baliff saying hes going to break into your home and confiscate your property because you can't pay him $200? If that were the case anyone can do it. Your local car dealer, creditors, and etc. HELL no he cant break into your home and take your ****. I would call the cops ASAP and tell them this baliff just threatened that he was going to do a burglarly on your home. Don't wait, take action and file a restraining order against this prick. If he forces his way into your home and you are there shoot his *** in the mouth!!!! LOL
2007-03-06 20:33:13 · answer #10 · answered by sadeyzluv 4 · 0⤊ 2⤋