Types of Debts and Bailiffs
This information gives you basic advice about debt and simple guidelines for dealing with money problems. It is important not to panic about debt problems but also not to ignore them. Before you can tackle a debt problem you need to collect all the information about your money affairs.
Usually the first advice you are given when being in debt is to make a complete list of your debts. What is important you should divide them into priority and non-priority debts because you will have to make offers to pay off your priority debts before you tackle your non-priority debts. Priority debts are debts owed to creditors who can take the strongest legal actions against you if you do not pay. It is not the size of the debt that makes it a priority, but what the creditors can do to recover their money. Here are some examples of priority debts: mortgage arrears (the mortgage lender can take court action for possession of your home), rent arrears (the landlord can evict you if you have rent arrears), income tax and VAT (you can be made bankrupt or imprisoned for non-payment of income tax and VAT), different fines, maintenance (child support), council tax, fuel debts, hire purchase (if the purchased goods are essential for you). If you have any of these debts, you must deal with them before you offer to repay any of your non-priority debts.
Examples of non-priority debts are credit cards and store cars arrears, catalogue arrears, bank overdrafts and loans, benefits overpayments, hire purchase (if the purchased goods are not essential for you), money borrowed from family or friends. You cannot be imprisoned for not paying non-priority debts. You cannot lose your home or your essential goods. But if you make no offers to pay and you do not explain why, the creditors will take you to court. If the court has ordered to pay the debt and you still fail to pay it, the creditors can get another court order allowing them to send bailiffs in.
What can you do if you are threatened with bailiffs? The first thing to do is to try and negotiate with the company. Even if you can’t pay the debt in full, you could try to agree a set amount to pay weekly or monthly. If you cannot come to an agreement with the company, they will need to get a warrant of execution from the courts before they can send in the bailiffs to remove property from your home in payment of your debt. If they already have the warrant, you should apply to the court to have it suspended. If the bailiffs arrive, you do not have to let them in and they cannot generally force their way in. However, they are allowed into your property without your permission if they can enter without breaking in. This is called “gaining peaceful entry” and includes getting in through an open window, or a closed but unlocked door. Bailiffs are not allowed to take basic clothing, bedding, furniture or household goods, and any goods they do take will be sold at auction in order to pay off your debt. The rules about bailiffs are complicated, and it is always sensible to get advice from a specialist adviser.
Den Braun
http://www.articlesbase.com/debt-consolidation-articles/types-of-debts-and-bailiffs-108334.html
July 11th, 2010 at 2:32 am
for what type of debts are bailiffs allowed to knock at your door?
i owe some money on catalouges , not store cards or credit cards. i’m am recieving letters threatening doorstep visitors . are they allowed to come knocking . for what type of debt are baillifs allowed.
i am very ill with cancer at the momment and the letters are really making it worse.
July 11th, 2010 at 2:34 am
Unfortunately - with your debt they are allowed to come and knock to recover money owed. But you do not have to answer. Only a court appointed bailiff can force entry.
DO NOT offer them the option of entry - no matter how polite they seem and how much they try to convince you to let them - that is how they gain access and then you have no comeback against them. They are like Vampires - once asked or permitted into the house - they come at will
You would be better off contacting the catalogue company and explaining why you are in arrears and make an offer to pay a small amount every week.
Once you ‘make an offer’ it will go in your favour should the matter go further, i.e. court.
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July 11th, 2010 at 2:36 am
Please see the citizens advice bureau ( CAB), and they will be able to sort this out for you.
If you are recieving threatening doorstep visitors, this is illegal, the citizens advice bureau will be able to sort this for you.
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July 11th, 2010 at 2:38 am
I am allowed to knock on your door. You question is really about what debts allow them to seize property. As the term is most often used in th UK, and I am in the US, I can’t answer that question.
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July 11th, 2010 at 2:40 am
Firstly and most importantly you must distinguish between debt collectors and bailiffs.
I assume you live in England./Wales if not ignore this answer.
A debt collector is a person employed by a financial institution to visit people at their homes.
The purpose of the job is to make contact, remind the debtor of the debt, arrange and take payments.
They do not have any powers- they are not bailiffs. I suspect you mean debt collectors not bailiffs.
Under the Administration of Justice Act they should not visit you at home (or in hospital!) if they know you are ill or vulnerable so you should inform them asap and make arrangements to pay what you can afford by post or through the bank.
If they continue to contact you by phone or in person you can complain to the OFT.
Bailiffs on the other hand are court officials who enforce judgements on behalf of creditors.
Its very unlikely a bailiff would be collecting a catalogue debt unless they had a CCJ and you had ignored it.
Anyway, if you need advice about the A of J Act or you have further info email me.
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July 11th, 2010 at 2:42 am
Hi, unfortunately Bailiffs can be issued on any type of unsecured debts i.e store cards, credit cards, catalogues and loans. Usually if you have defaulted on a county court judgement, you would be sent a Warrant of Execution which would give Bailiffs the right to enter your property if a debt hasnt been paid. However, Bailiffs can always come round before this point as well, dependant on the debt and collection agency. For example, council tax Bailiffs are very keen to visit properties and levy goods.
Taking into account your illness, have you looked into Bankruptcy as an option. This would clear your debts in full within 12 months. You need to owe more than £750 and it would cost £495 upfront to make yourself bankrupt, but if you are on benefits you can claim £150 of this back.
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July 11th, 2010 at 2:44 am
Contact the catalogue company & explain the situation if you have not already done so. If you are receiving letters from Debt Collectors write to them & tell them of the situation & refer them back to the catalogue company.
If you do get a visit from the Bailiffs DO NOT let them over the doorstep - they have no right of entry without a warrent but once you let them in they then may enter your property at any time. They rely on you not wishing to discuss personal business on your doorstep - please remember this & just tell them about your illness - provide medical evidence if necessary.
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Personal experience
July 11th, 2010 at 2:46 am
yes they can come for any debt with money oweing. i had them looking for me years ago for 3 catalogues, 2 storecards and my overdraft with the bank which i didnt pay!
if you are ill wouldnt it be better to get someone to act on your behalf and contact them for you and explain why you havent been keeping up your payments??? why let it get to this stage??
im sorry to say it but having cancer will not stop them chasing you, you were not ill while you were spending is the way they will look at it,
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