When does the bailiff arrive?

Question

When does a bailiff arrive to remove ones goods ?. Is it AFTER one has been to court for non payment , recived a ccj and still not paid the debt. Or can they just arrive from the company chasing the debt and remove ones goods before a court appearance or summons has been sent from the courts. thanks.

Answer 1

The laws regarding bailiff powers are quite old. A bailiff does require a court order to pursue unsecured debts. It is important to note that, despite what they tell you the bailiff does not have the right to enter your property without you inviting them in. However once they have been admitted they can enter again without permission. A bailiff can only remove goods resulting from unpaid, unsecured debts with a distress order. This is normally issued if the person defaults on a CCJ arrangement or fails to appear or does not reply to the summons.
However if the bailiff has an order for secured debt or defaults on court fines, council tax etc he does not require a distress order to remove goods.
Even if you do not invite the bailiff into your property they can remove goods from outside, e.g. they could remove or clamp ones car.

I hope this helps. For more advise I would suggest contacting the CAP or consumer credit counselling service. www.cccs.co.uk

Answer 2

The ONLY! time a bailiff will arrive is when it is a council debt. Tax or rent arrears. You may have debt collectors knocking at your door but they have NO right of access. Tell them to get off your property. Never sign an agreement with them. Been through all this. You urgently need to contact your local council's debt adviser and get an income and expenditure statement done. Service is free. Don't use the ones on TV. they tie you into an IVA and get commission. They send many threatening letters about court proceedings, ignore them, if they proceed and you get a Judgement you can apply for bankruptcy free of charge (£700 to do it otherwise) Don't panic about bailiff he cant remove much. Only ornaments and jewellery. Also recent changes in law means you can reclaim all bank, loan and credit card charges over £12 for the last 6 years. Know whats it like to be in debt mate. Don't let it get you down, help is there.

Answer 3

They need a warrant

Basically, they will take you to court and you will be given a chance to plead your case, if you do not complete papers/keep up agreed payments/attend court they can get a warrant to remove goods.

If they do not have a warrant and call at your house you are under no legal obligation to let them in. If they get into your house by invitation once, they may enter your house through any open door/window when they choose.

Answer 4

it depends on the kind of debt you owe but i think that may be changing soon to give them powers to forceably enter regardless.

at present i know they can enter if you owe a court fines they can break into your home & if you owe HMRC they need a warrant (which they probably will get)

what you should know is that debt collectors and bailiffs have different powers and can't enter your home to seize andy goods.

the links below will give you more info

Answer 5

They cannot just turn up & remove goods without lawful authority, which would be given by the court.

Answer 6

Ive never got that far!! It should be before as they say on their letters but legally they can't enter your home unless you let them. But after court you have no choice.

Answer 7

depends where you live - if its Scotland don't worry warrant sales and bailiffs have become illegal here.

Answer 8

about ten minutes after the loan

Answer 9

Quick, hide - I hear them knocking at the door!!