Urgent Bailiff Question

[TONY7]

I have a question:

Can they enter a property that is NOT yours but am living with parents??

Urgent answers would help alot!

Tony

[The Watcher]

You need to give more details - type of fine etc - as different rules apply.

[TONY7]

Got a CCJ for non payment of credit card debt.

Fraud was committed against me but I had paid for an item with this card via internet - Don't want to be out of pocket so the CCC issued a CCJ with a court.

Currently lost my job before christmas and told them in the waiver form that was sent.

What now??

[Boro]

They will enter the property that the ccj was issued against, this is only if they are able to gain peaceful entry though so either through an unlocked door or open window or if they are allowed in by you, simple answer would be not to let them in, did you not fight this when it was in court? i would suggest you act on it promptly to have it set aside

[TONY7]

Yes I did that but it was NOT set aside as for insufficient eveidence!

[Boro]

Well lets see here, they cannot force entry into the property (although they can do at a later date if allowed peaceful entry) if they are unable to get hold of you and take payment then ultimately the bailiff will give up and return it to the court, its a civil matter and not a criminal one (owing a company not that YOU do) so you cant be sent to prison or anything like that, what evidence do you have that can be used? was a police report for card fraud ever filed?

[The Watcher]

County Court bailiffs are relatively easy to deal with - they are civil servants and don;t work on commission so don;t have an incentive to break the law and bend the rules.

 

Make sure they are not allowed entry, and then they cannot take any further action other than send the claim back to the claimant.

Even if they do gain entry they can only levy on YOUR property (or property jointy owned by you and someone else).

[TONY7]

I did file it with the FBI in America but have NOT heard anything!

I told to CCC but they said as you used the card you must pay!

Anyway I think that os good advice and I WON'T let them in.

Also the CCC has refunded me part of a claim so I could say that a refund has been made towards payment!

[tomtubby]

Has this debt been registered in this country? and is the CCJ registered over here?

 

Unlike a debt for council tax or parking tickets, a CCJ is SIMPLE to negotiate affordable repayments.

 

All you need to do is complete an N245 application to vary a court order. You will need to complete a simple income and expenditure and the court will set affordable repayments. There is a court fee of £35 to pay, but you can complete an EX160 form to be exempt from paying fees in certain cases.

 

A County Court bailiff visit can be avoided........in all cases, by completing an N245 sooner rather than later.

[TONY7]

Thanks for the info - but have already sent in a N245 form and was rejected - shall I request another or DON'T bother answering him?