2007-09-26 20:28:22 · 8 answers · asked by MISTY BLUE 1 in Business & Finance ➔ Personal Finance
the debts may be outstanding but they dont become unenforceable until 6 years after last contact with debtor so if the bailifs are trying to collect they have every right to enforce the six year rule only applies to settled or alleged settled debts without any contact, once contactis made between debtor and creditor the six years starts again
2007-09-26 20:34:57 · answer #1 · answered by Anonymous · 2⤊ 2⤋
Bailiffs are officials of court and would only involved if there was a county court judgement in place. They have the power to execute a warrant of distress - to seize goods to the value of the debt and costs and then sell them at auction.
And they don't need a policeman with them (unless there is likely to be a breach of the peace).
CCJs are not statute barred after 6 years unlike other unsecured debts, they drop off your credit file but a creditor can still enforce judgement.
If it is debt collectors you are enquring about they have no powers other than to remind you of the debt. Any unsecured debt which has not been admitted to within 6 years should be statute barred and thereafter unenforceable.
2007-09-27 05:10:16 · answer #2 · answered by Johnny 7 · 0⤊ 0⤋
The bailiffs don't have any say about whether a debt is collectable or not, they are simply agents acting in accordance with instructions from a creditor who will have obtained a court order in their favour.
Incidentally, you can argue under the "6 year rule" that the creditor is out of time or “statute barred” from taking you to court for this debt if:
The creditor has not already obtained a judgment against you
and
You, or any one else owing the money (on a debt in joint names) have not made a payment on the debt during the last six years
and
You have not written to the creditor admitting you owe the debt during the last six years.
2007-09-26 20:49:45 · answer #3 · answered by champer 7 · 1⤊ 1⤋
Bailiffs are Agents of the Court and have NO rights over your Debt.
If the person you owe money to has obtained a CCJ against you and you have not paid, they can go back to Court (at any time) and apply for the Bailiffs to be sent in .. once this has happened it is WELL TOO LATE to claim that the Debt is 'out of time' ..
2007-09-26 20:32:58 · answer #4 · answered by Steve B 7 · 1⤊ 1⤋
Act as if you are dead for six years and after that you can claim that the debt is out of time.
Bailiffs are agents of the court, and can only break in if they have a police man with them. And do not believe anything they say, because they are the worst liars, bar none.
2007-09-27 04:45:20 · answer #5 · answered by Anonymous · 0⤊ 1⤋
Baliffs do what they are told to do by the money lender. So if they are instructed to recover then they can. I dont know if its a hard and fast rule but after 5 years most companies will write off the debt. You dont have to open the door to a baliff though and if you are expecting one then keep you doors and windows locked as they can just walk in if a door or window are open by law...
2007-09-26 20:34:45 · answer #6 · answered by JustJem 6 · 0⤊ 1⤋
As long as you havent had any correspondence or replied to any or had no contact with them what so ever in 5 years or more then they dont have any legal standing to recover the debt
2007-09-26 20:33:57 · answer #7 · answered by criminal convictions 3 · 0⤊ 3⤋
The right to wave by.
2007-09-26 20:32:51 · answer #8 · answered by isquirtsalot 2 · 0⤊ 0⤋