Dealing With Bailiffs

Dealing With Bailiffs Know Your Rights

When dealing with bailiffs it is truly essential to be familiar with your legal rights, bailiffs are certainly not constantly truthful about the items they can legitimately take.

If you know a bailiff is visiting your property never let them into your home, constantly lock all doors and close all windows. Bailiffs can walk through an opened door or climb through an open window and this would make dealing with bailiffs more difficult. Dealing with bailiffs who can occasionally be aggressive and frightening can be really difficult.

Once bailiffs have obtained peaceful entry to your house they can enter any part of the premises and can utilise force if essential. If you get a letter or notice from a bailiff it is very important to reach the initial creditor and arrange a payment plan, if a payment plan is organised then taking care of bailiffs who are acting on behalf of the financial institution will cease.

You can likewise make an application at your local County Court to suspend the activities of the bailiff; this goes to the discretion of the judge.

If you are taking care of bailiffs in respect of unpaid council tax you can call your local authority or arrange a payment plan with the bailiff.

Dealing With Bailiffs

The major issue which appears when handling bailiffs is they anticipate you to pay an unaffordable month-to-month payment in order to settle the arrears owed. It is important to only agree to a monthly payment which is economical.

Always bear in mind when handling bailiffs that you should never let them into your house, they are not allowed to force their way into your property, nonetheless if they have actually entered your residence peacefully, they can call once more at a later date and enter your home forcefully if necessary in order to remove your goods.

The major issue when dealing with bailiffs is what they can actually take if they force entry into your home. Bailiffs can not take clothing, bed linens, furniture or family devices needed for your basic demands. They can not take products which are needed for you work or business.

When dealing with bailiffs understand they can not take products concerning anyone else aside from the individual called on the distress warrant. A bailiff can not take goods which are subject to a hire purchase contract or rental arrangement.

Understand when dealing with bailiffs that when they have actually entered your house they can legally take your possessions away, however they will typically try to come to an agreement which is called a ‘walking possession agreement’. This indicates the debtor has agreed to pay the bailiff an arranged quantity each month and if this payment is defaulted upon the bailiff can return and take the goods at any time.

Dealing with bailiffs who have removed your possessions is very upsetting and even more so when your possession are put up for public sale at auction. Bailiffs are under a legal obligation to obtain the very best price feasible for the goods.

If you need quick FREE guidance about, ‘Dealing With Bailiffs then call Action Credit Management now on 01209 808450 and talk to one of our friendly case workers.

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How To Stop Bailiffs

How To Stop Bailiff Action

If you have a visit from bailiffs there are several things which you can do to stop bailiffs from removing your goods.

• How to stop bailiffs – Make a payment arrangement with the bailiff but be careful as bailiffs are renowned for requesting an high amount of money per month which is not affordable to you.
• How to stop a bailiff – Keep all doors locked and windows closed and never allow a bailiff into your property, the bailiff cannot force entry he can only enter by peaceful means and you are quite within your legal rights to refuse him entry into your property.
• How to stop bailiffs council tax – If you know that a bailiff is going to visit your property remove items which the bailiff can legally take.
• How to stop the bailiffs – You can state items within the property belonged to another person who is not named on the liability order because the bailiff cannot take items which is owned by another person.  Get the owner of the goods to write a letter confirming this fact.
• How to stop a bailiff taking your goods – Bailiffs are not allowed to remove goods which are required to meet your basic daily needs or goods which are required for your employment.
• How to stop bailiff action – If the bailiff has entered your property he will list the items which he has seized but will allow the items to remain in the property if you maintain the repayments,  this is called a walking possession agreement.  However if you default on the payments the bailiff can return and if necessary break into your property in order to remove the goods.
• How to stop bailiffs – If you own a vehicle ensure it is parked away from your property because a vehicle is the easiest item for the bailiff to seize and remove.  If the bailiff cannot see the vehicle he cannot levy on the vehicle.
• Stopping bailiffs – If the bailiff levy on a vehicle always remember just because you are the registered keeper of the vehicle does not mean you are the owner.   The vehicle could be on loan to you or even on hire purchase in which case the bailiff cannot remove or levy on the vehicle.

If you need quick FREE advice on `How To Stop Bailiffs’, then call Action Credit Management now on 01209 808450 our dedicated team of caseworkers are waiting for your call.

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How To Deal With Bailiffs

How To Deal With Bailiffs UK

A Bailiff is a person who is authorised to collect a debt on behalf of a creditor.  If you are aware of a bailiff visit there is precautions which you should take.

Listed below is advice on How To Deal With Bailiffs

• How to deal with bailiffs – Ensure all your doors are locked and windows closed so the bailiff cannot gain peaceful entry into your property.
• How to deal with bailiffs – Do not under any circumstance allow the bailiff to enter your house, bailiffs often attempt to gain entry by asking to use the toilet or phone etc. but never let them in.
• How to deal with bailiffs –  Always answer your door with the chain on or if you do not have a chain simply do not open your door, speak through the letterbox.
• How to deal with bailiffs – Ask to see the bailiffs certificate, this is not his identification card and also request a copy of the warrant.  Inform them to put the documents up to the letterbox so you can view them.
• How to deal with bailiffs – If a bailiff has not gained entry into your home on a previous occasion then he cannot use force to gain access.
• How to deal with bailiffs – If you allow the bailiff into your home peacefully he then has the right to list any of your possessions of value which they are then entitled to take away and sell and public auction.  This is called a walking possession agreement which you will be asked to sign.

How To Deal With Bailiffs For Council Tax

Once you have signed the walking possession agreement the listed items legally belong to the bailiff, he usually then enters into a monthly payment arrangement with you but if you fail to make a payment the bailiff can at any time enter your property and seize the goods listed on the walking possession order.  These goods will then be sold at public auction to pay off the debt.  The bailiff can also force entry into your property on this occasion.

• How to deal with bailiffs – You can legally remove or give away any of your possession before the walking possession order is signed.  So if you are aware of a bailiff visit you are entitled to remove all items of value in your home.
• How to deal with bailiffs – If bailiffs are unable to gain peaceful entry into your property they will keep visiting you, but they are only permitted to charge £24.50 for the first visit and £18.00 for the second visit, if they choose to visit on any further occasions they are unable to make a charge.

If the debt is for council tax it will eventually be returned to the local authority that will be advised they were unable to gain entry, if the bailiff is from the County Court, the Court will be advised that peaceful entry has not been gained and the debt will be returned to the Court.

If you need quick FREE advice about, `How to Deal with Bailiffs’ then call Action Credit Management now on 01209 808450 and speak to one of our friendly dedicated case workers.

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What Can A Bailiff Take

What Can Bailiffs Take From Your House

What can a bailiff take is a question which has been asked numerous times, if a bailiff has not gained peaceful entry into your home before then the important fact is REFUSE THEM ENTRY INTO YOUR HOME, they cannot enter unless you or another adult gives them permission to enter.

What can a bailiff take – If the bailiffs have gained peaceful entry into your home there are certain rules which have to be followed so call Action Credit Management on 01209 808450 now and speak to one of our dedicated case workers.

What can a bailiff take – Bailiffs must be certificated before they can levy or seize goods so always ask to see their bailiff’s certificate, ensure it is the certificate as bailiffs usually show their identification card which is not the same thing.

What can a bailiff take – They can take items belonging to the debtor, except protected items and sometimes jointly owned things, cannot take jointly owned items if it is only your name on the liability order.

What can a bailiff take – Cash or cheques for money owed to you.

What Can’t Bailiffs Take

What can a bailiff take – They cannot take protected items such as:

• Clothing
• Bedding
• Essential household equipment
• Fixtures and fittings such as built-in wardrobe or oven
• Tool, books, vehicles and other equipment which is necessary for you to carry out your work or vocation
• Essential household equipment.

What can a bailiff take – They cannot take the following items:

• Children’s belongings
• Items which are on Hire Purchase or Conditional Sale
• Items which do not belong to you

What can the bailiff take – If the bailiff has not levied or seized your goods you are quite within your rights to give the goods away to friends and family.  If the goods already have a levy on them and you give them away they will still be considered your property.

If the goods are not yours make it clear to the bailiff who the owner of the item is, you may have to show proof of ownership, like a bill or receipt.

What Are Bailiffs Allowed To Take

What can a bailiff take – The bailiff will take sufficient goods to ensure the debt owed can be paid in full.

In some cases bailiffs have taken goods which are much more valuable than the debt, if this happens you may be able to make a complaint.

If county court bailiffs are involved, you can apply to the court for an order to instruct them to produce a list of goods they have taken and the estimated value of the goods.

What can a bailiff take and can he take the goods immediately – Once bailiffs have identified the goods they want to take the next step is impounding the goods.  This means the goods are not legally yours and you have no control over them.

There are three different ways of doing this but the most usual one is called taking walking possession of the goods so the bailiff do a list of the goods they have seized and ask you to sign a walking possession agreement.

Once the agreement is signed the bailiffs then have control over the goods and they can return at any point and remove those goods.  They can even break into your home to take the goods.

If you have not signed the walking possession agreement and the bailiffs do not remove the goods immediately, it could be argued that the bailiffs have abandoned the goods.  This could mean they have given up and they do not have the right to return to remove your possessions.

Once inside your home if you refuse to sign the walking possession agreement the bailiffs can immediately remove the goods they have seized.  The third option is a bailiff could stay in your home to make sure you don’t remove the goods, this is called a close possession, this is rare unless you have valuable items in your home.

If you need quick FREE advice about, `What Can A Bailiff Take’ then call Action Credit Management now on 01209 808450 and speak to one of our friendly dedicated case workers.

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What Can Bailiffs Take

What Can Bailiffs Take UK

If the bailiffs have gained entry to your home and levied on goods most people worry about `what can bailiffs take’.

Certain items bailiffs are not permitted to take from your home, what can bailiffs take is a question asked on numerous occasions.

What can bailiffs take – Not any of the following as required to continue employment:

• Tools, books, vehicles and equipment which is necessary for use personally in your employment, business or vocation.

What can bailiffs take – Not any of the following because they are considered necessary for satisfying basic domestic needs of the person and their family:

• Adult and children’s clothing
• Bedding which is required for the families basic needs
• It is not considered good practice for a bailiff to take anything which belongs to or is used by children

What can bailiffs take – Not any of the following:

• Food items or cooking utensils
• Goods of minimal or no resale value
• Items which would leave your family unable to prepare a hot meal
• Heating appliances

What can bailiffs take – Not any of the following:

• Items which are used for the sick or infirm
• Medical aids or medical equipment
• Items which have been purchased from money from the Social Fund
• If your only form of cooking is a microwave this cannot be seized

What can bailiffs take – Not any of the following:

• Washing machine
• Vacuum cleaner
• Personal items such as photographs or pictures
• Items of minimal value or broken items

What can bailiffs take,they can take items from the following list:

• Bikes and computers even if they belong to children
• Television if not fixed to a wall
• Hi Fi equipment if not fixed to a wall
• Items of furniture which the bailiff do not consider to be necessary equipment
• DVD players

The above list is certainly not specific and you may find that different bailiffs have different ideas of what items are necessary for you to keep and what they are allowed to seize.

If you need confidential free advice regarding `What Can Bailiffs Take’ then call Action Credit Management now on 01209 808450 and speak to one of our friendly team.

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What Rights Do Bailiffs Have

What rights do bailiffs have

In general most of the public have no idea of the legal rights of the bailiff and how limited their powers are.

Rights of bailiffs – Most bailiffs have no more power to enter your property uninvited than any other unwelcome visitor.  Bailiffs only have authority to use reasonable force to enter your property if they are collecting unpaid criminal fines.

At all other times bailiffs have to gain peaceful entry into properties.

Bailiffs and your rights – Always remember bailiffs do have the right to seize a car parked on a driveway or on the street if they are certain it belongs to the debtor.  However if the car is in a locked garage which is joined to the main property they cannot force entry into the garage to seize the car.

Bailiffs right of entry – They have to gain entry by one of the following: 

• Being invited in by a responsible adult
• Can climb through an open window
• Can walk through an unlocked door despite it being closed
• Can climb over a fence to get to the back door.

My rights against bailiffs – They have no right to enter your property in the following circumstances:

• If asked in by a child
• By breaking windows or doors
• Push past people in an attempt to get inside the property.

Rights of a bailiff – If the bailiff acts unlawfully in order to seize goods the removal of the debtor’s property and possessions then becomes illegal. 

Bailiffs can visit your property at any time except Sundays, Good Friday or Christmas Day, and the National Standards recommend they visit between 6am and 9pm.

If the debt is unpaid rent then bailiffs are not allowed to visit between sunset and sunrise and not on a Sunday.

If the debt is unpaid VAT the bailiff can visit between 8.00 am and 8.00pm, if you trade outside of these times the bailiff can remove your possessions at any time and day when the business is trading.

What Rights Do Bailiffs Have

Your rights with bailiffs – Bailiffs can go anywhere in England and Wales where the debtor’s goods can be found.  However usually they have a business or home address and these will be where the bailiff will visit.

Bailiffs, Know your rights – Bailiffs are well aware of how limited their powers actually are and they will try various tactics to gain peaceful entry into your property.  They will attempt to gain entry by asking to use your toilet or phone etc, but never allow them in.

Bailiffs, What are my rights – They have the right to use ladders to climb through an upstairs window or skylight and once they have gained entry into the property they have the legal right to break open internal doors which included locked cupboards or attics.

If the bailiff has entered a house which is shared or does not have a single householder the bailiff is legally allowed to use force to enter the parts of the house which is used exclusively by the debtor even if the doors are locked.

What Rights Do Bailiffs Have– If a bailiff has entered your home or business illegally, you may be able to start court proceedings to recover your possessions and receive compensation.

If you require FREE confidential advice about, `What rights do bailiffs have’ then call Action Credit Management now on 01209 808450 and speak to one of our friendly dedicated case workers.

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Bailiffs Council Tax

Bailiffs Council Tax

Bailiffs council tax collectors who attempt to collect the arrears of council tax are usually private firms, the council tax is usually collected on behalf of your local council.  Bailiffs council tax collectors sole aim is to try and take your goods in order to sell, usually at auction to raise money to pay the debt.  This process is called `distraining’ or `levying’.

From October 1998 bailiffs council tax collectors must have a certificate from the county court allowing them to act as bailiffs, in order to levy on goods they must have this certificate.

Always check bailiffs council tax collectors are certificated but never open the door, ask them to show you their certificate through the letterbox.

Prior to a bailiff council tax collector attending your property you should receive a letter from your Local Authority stating how much you owe and stating if the amount is not paid within 14 days a bailiff will attend.   If you contact the Council and a payment arrangement is put in place this will stop the bailiffs council tax collectors attending your property and you will not incur any further charges.

If the bailiffs council tax collectors have not visited your property before to collect this debt DO NOT LET THEM IN UNDER ANY CIRCUMSTANCES, do not believe what they say, they have no right to enter your property.

Bailiffs Council Tax

Do not open the door to the bailiffs council tax collectors as they could attempt to push past you and once inside your property they have the legal right to enter again at a later date and could break in if necessary to take your goods.

Ensure your doors are locked and all your windows shut because the bailiffs council tax collectors cannot then legally enter your property.  The bailiffs council tax collectors cannot break in to take goods they have only seen through a window.  Bailiffs cannot get the help of the police to break into your property.

Different bailiffs council tax collectors use various different tactics, some leave you a phone number and once contacted arrange to visit your property to `have a chat’ or to get you` just to sign some documents’, these are tactics to get peaceable entry into your property, but NEVER let them into your house and never sign paperwork.

Bailiffs council tax collectors may attempt to break into sheds, garages etc , this is illegal but be aware if there is access to your gardens and no locked or bolted gate they can take anything in the garden.

If you make an offer to the bailiff and they accept your offer, ask them to return to their car and go out and pay them.  Make sure you get a receipt.

If you need quick FREE advice about, `Bailiffs Council Tax Issues’ then call Action Credit Management now on 01209 808450 and speak to one of our friendly dedicated case workers.

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What Is A Bailiff?

What Is A Bailiff?

If you owe money to any form of creditor the creditors has various options to try and get their money back and one of these options is to instruct a bailiff to visit your home and remove your goods which can be sold at public auction in order to pay off your debt.

What is a bailiff is a question which is asked on numerous occasions because the majority of people really do not understand the legal rights of the bailiff.

Bailiff Definition – A bailiff can be used to take back goods belonging to the creditor if payments are not being maintained, for example if you were purchasing a vehicle on hire purchase but have gone into arrears a bailiff may be able to take back the vehicle.

What is a bailiff and when can they be used – A bailiff can be used at any time when money is owed to a creditor money and regular payments are not being maintained.  Bailiffs can be instructed to remove your goods and sell the goods at public auction.  The money raised will pay the bailiffs fees and charges and the remaining money goes to your creditor to pay off the debt.

What Is A Bailiff ?

A bailiff has the authority to sell your goods at public auction however second-hand goods have a low value so there are rules about what goods a bailiff can remove from your property.

Most goods have a low second-hand value and there are rules about what goods a bailiff must leave behind. So using the bailiffs is not always a good option for a creditor because they might not get all their money back. On the other hand, people are afraid of the bailiffs and if they think the bailiffs are coming, they may try and raise the money to pay off the creditor before the bailiffs actually come and take their things.

There usually has to be a court order before bailiffs can come to take your things away. Even when the bailiffs have got authorisation to act, it may be possible to negotiate with the creditor to call the bailiffs off.

What Is A Bailiff? – Bailiffs can be used to collect the following debts:

• Council tax arrears
• Business rates arrears
• County court orders (CCJs)
• High Court orders (judgments)
• Child support arrears
• Parking/road traffic penalties
• Fines in a criminal case
• Income tax arrears
• VAT debts
• Rent arrears.

If you are having problems with bailiffs and would like free bailiff advice and guidance, call Action Credit Management now on 01209 808450, our dedicated team of Case Workers are waiting to take your call.

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Can Bailiffs Break In

Can Bailiffs Break Into Your House

Being threatened with bailiff action can be extremely upsetting. Action Credit Management can help and can usually stop bailiff enforcement within 24 hours.

We can inform you of your rights and provide free, impartial advice on how bailiffs operate and how to stop them taking action against you

IMPORTANT! NEVER LET A BAILIFF IN TO YOUR HOME

There are often many questions people have surrounding can bailiffs break in? The most common are listed below:

Can Bailiffs break in if they have gained peaceful entry
before?

A bailiff can’t break in to your home unless you have let them in previously. If they have never been into your home they can gain entry if you leave a window open or a door unlocked.

Can bailiffs break in if a magistrate has issued a warrant? 

If a magistrate has issued a warrant to the bailiff they can break in to your property, although they can apply for a warrant in our experience we have never come across a client where this has happened.

Can bailiffs break in to commercial properties?

Only if the court has given permission, and as long as there’s no residential accommodation within the commercial premises.

Can bailiffs break in for unpaid fines?

If the magistrates court has issued a warrant the bailiff can break in.

If you require FREE impartial advice regarding `Can Bailiffs break in?’ and to stop enforcement action, then call Action Credit Management today on 01209 808450

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Almost three quarters of parking tickets are successfully appealed across East Lancashire, it was revealed today.

The Freight Transport Association (FTA) says 72 per cent of all Penalty Charge Notices appeals are won.

Fifteen companies provided data about 32,633 parking fines they had received over a 12-month period.

Of those appealed by FTA’s PCN Administration Service, almost three quarters were successful.

Natalie Chapman, FTA’s Head of Policy, said: “The results of the survey show the benefit to members of using our PCN Administration Service.

“Our knowledge and expertise can help them make huge savings on their expenditure on parking fines, as well as cutting down on administration costs.”

High streets were identified as the main hotspot for the issuing of PCNs, with the most frequent reason for a ticket being issued was ‘stopped where prohibited’ – almost 36 per cent of tickets issued.

A further 33 per cent were handed out for parking or loading where restrictions are in force.

Ms Chapman added: “Loading and unloading is an exemption to restricted street regulations – it’s allowed on single or double yellow lines for a maximum of 40 minutes. Often PCNs are issued incorrectly because the enforcement officer needs more training and doesn’t realise what’s permitted.

“Our PCN Administration Service can advise members when tickets have been issued incorrectly and should be challenged.”

Lancashire County Council as the Highway Authority is responsible for on-street parking enforcement and this is managed by Lancashire Parking Services, which handles appeals and payments.

Drivers are levied either £50 or £70 dependant upon the contravention, with a discount of 50 per cent if it is paid within 14 days.