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Debt Action Group > Bailiffs and Sheriff Officers

Bailiffs and Sheriff Officers Your rights when dealing with bailiffs and sheriff officers


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Old 13th May 2008, 09:07   #1 (permalink)
ponies
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ponies Novitiate
Default United Utilities

Need some advice for a friend (she has no internet access) he partner left her 6 months ago with 3 small kids, they had an informal arrangement between themselves that he would pay water rates, council tax and elec bills, however he hasn't paid any of them for the past 12 months he was living there:o

I have myself had dealings with Equita who are collecting the council tax bill and she has sorted an arrangemnet with them and she knows they can't break in etc, she has come to an arrangement with the elec company and has a pre pay meter installed, however United Utilities have sent their debt to the baillifs.

The letters she has recieved from them don't state what baillif company this is from, it is signed P Corroboy and states "As the court has had no response to requests for payment of the above warrant, baillifs have now been instructed to enter this address and remove goods to the saleroom without further notice unless the sum of £515 is paid within the next 6 days"

As I said I know that Equita have no rights to force entry with locksmiths etc but that baillifs collecting fines from magistrates courts do have the power to force entry, where does the baillif in this case stand? This has been through the county courts and appears to be a court appointed baillif- can he force entry when she is out?

Please reply, she is a nervous wreck, she is virtually suicidal. She is working so can offer a payment plan although not vast amounts.
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Old 13th May 2008, 09:49   #2 (permalink)
ponies
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Default Re: United Utilities

Just to add, I have used the template letters myself in the past when dealing with Equita for council tax arrears, however I didn't want to advise my friend to use this without first checking that these county court appointed baillifs actually don't have the right to break in with police and locksmiths, if anyone can advise if they do or don't have this right I will print off the letter for her.
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Old 3rd July 2008, 16:32   #3 (permalink)
nish40
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Default Re: United Utilities

Quote:
Originally Posted by ponies View Post
Need some advice for a friend (she has no internet access) he partner left her 6 months ago with 3 small kids, they had an informal arrangement between themselves that he would pay water rates, council tax and elec bills, however he hasn't paid any of them for the past 12 months he was living there:o

I have myself had dealings with Equita who are collecting the council tax bill and she has sorted an arrangemnet with them and she knows they can't break in etc, she has come to an arrangement with the elec company and has a pre pay meter installed, however United Utilities have sent their debt to the baillifs.

The letters she has recieved from them don't state what baillif company this is from, it is signed P Corroboy and states "As the court has had no response to requests for payment of the above warrant, baillifs have now been instructed to enter this address and remove goods to the saleroom without further notice unless the sum of £515 is paid within the next 6 days"

As I said I know that Equita have no rights to force entry with locksmiths etc but that baillifs collecting fines from magistrates courts do have the power to force entry, where does the baillif in this case stand? This has been through the county courts and appears to be a court appointed baillif- can he force entry when she is out?

Please reply, she is a nervous wreck, she is virtually suicidal. She is working so can offer a payment plan although not vast amounts.
Hi There, i used to work for a commercial debt recovery company about 3 years ago now. What i can tell you is that, throughout England, County Court Bailiffs cannot under any circumstances force entry to a property, A county Court Sherriff is the only person in the land who can actually force entry and seize goods wether you are there or not, so if a Bailiff cannot seize goods to the power of, they pass the debt back to the claimant. County Court Bailiffs get a basic wage and no commission, Sheriffs get paid a commission on collection only. Applications can be made to the courts to by-pass a county court bailiff, but in general not many companies do this as it costs a lot more to appoint one and the fee is not recoverable. In Scotland only Sheriffs are used as standard practice, but not here. Hope that helps.
Lastly most Bailiffs will accept a payment plan, but DONT and i repeat DONT, let them into your property, they cannot enter unless invited, but once in will write down everything you have for future reference
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