www.iva.co.uk

can you stop the bailiffs taking my property out of my home

Huya Sharon and welcome

Only a county court baliff can enter your home and take stuff. Have you been served with a CCJ which you have not paid? Or is it council tax debt which has gone to court?

If youre missing payments on debts you have with credit cards or loans but it hasnt gone to court, they have no power to send in baliffs, though they may threaten this, they actually need to take you to court first.

You are amongst friends here on this forum, could you post some more details in order to get more specific answers?

It is a very scary time I am sure, but most of us here have been there.

Amazing what creditors would say to scare you into making a payment, when they know your going into a IVA

I've posted this before, so for your interest:

For most people with unsecured debts, the law is on their side. This is because under the Consumer Credit Act 1974, you are only required to pay back what you can realistically afford once all your essential living expenses and personal circumstances have been considered. A baliff requires an order from the court to reposses anything of value.

If this is the case you will have plenty of notice, the procedure involves issuing a claim, and the baliff must adhere to the following conditions:

All creditors except for Inland Revenue and VAT must obtain a court order before using bailiffs.

Bailiffs may usually NOT break in to your home unless they have already been let in peaceably.

Bailiffs may legally seize goods to be sold if they have followed the correct procedure.

If you fail to pay a county court order, the creditor can request that county court bailiffs visit your home to seize goods.

It is possible to apply to the court to have this action suspended.

If you owe council tax, your local council may obtain permission from the magistrates' court to use bailiffs to seize goods.

The magistrates' court itself uses bailiffs to collect unpaid fines.

Bailiffs may also be used to collect unpaid maintenance/CSA payments.
Some landlords can use bailiffs to collect rent arrears.

A Baliff may not force their way past you at your door this is not allowed for debts relating to unsecured lending.

Hope this clears up any worries. If you recieve any letter contary to the above, then it's a common scare tactic. Don't ignore the letter, but definately don't give in to any bullying.

A brilliantly comprehensive post Johnt ... there speaks the voice of experience.

Debbie

Just to add a little to your post Johnt.

As you have said, a bailif normally cannot enter your property forcibly.

However,even if you have refused them entry, if you have a window or a door open elsewhere in the property, the bailif can enter by those means.

If they ever turned up, just make sure any other entrances into the building other than the door you open to speak to them, are firmly shut.

Exellent post John and very informative.

Super posts by everyone - useful information to learn and be able to pass on should the need arise!!
Hugs,
Chardonnay