High Court Enforcement

[luckysam]

Hi, I received a visit to day from a chap from High Court Enforcement with a warrant to remove goods from my home. I did not invite him in! He gave me aome paperwork and said that one of my creditors had taken high court action against me because of a default on a ccj. What should I do? He told me to contact them by letter explain my circumstances and he would recommend bankruptcy to his client.

I do owe the money and due to illness have not been able to keep up payments. I think I will have to go bankrupt but I did not know that the creditor had gone to the high court for non-payment. The first I knew was when the chap turned up today.

Is there anything I can do or should I just do as he says?

[Man in the South]

I would suggest that you take some FREE advice before going into bankruptcy as it does have serious consequences for you in the future. CAB can probably help too. Also, think about making a sensible offer of repayment. Whatever you do don't let the bailiff into your house and if you have a car keep it away from your property

[homespun]

2 things.

a,the baliff has no right to give you advice and you did the right thing by not letting him in your home,once in they can then break into your house if they see an open window at a further date and theres nothing you can do about it so best not to let them in at all,they have no right of access even with the police there,do not let anyone tell you any differant.

b,go here,they will give you all the help you want,they are very good and have helped me through my br.

 

good luck

 

alan

[homespun]

National Debtline – Free, Confidential Debt Advice – Call 0808 808 4000

[Man in the South]

Another thing - many High Court Enforecment Officers are not certificated bailiffs, and they DO NOT have more powers like some of them will tell you

[toddle2u]

they DO NOT have more powers like some of them will tell you

 

Not strictly true as, amongst others, they do have the power to force entry on commercial premises if they have a valid WoE unlike CC bailiffs

 

This is why creditors transfer up to the High Courtt for enforcement

[Man in the South]

The initial thread toddle2u mentioned his home address and that was what I was referring to. You are correct about the commercial premises they do have power to force entry and do not have to be certificated unlike bailiffs of the proper kind

[Guest Thebailiff]

2 things.

a,the baliff has no right to give you advice and you did the right thing by not letting him in your home,once in they can then break into your house if they see an open window at a further date and theres nothing you can do about it so best not to let them in at all,they have no right of access even with the police there,do not let anyone tell you any differant.

b,go here,they will give you all the help you want,they are very good and have helped me through my br.

 

good luck

 

alan

1.the bailiff did give advice. he said he would recommend b/ruptcy to client. this is done if debtor cant pay and office cant find any assets to remove.

2. there does not have to be an open window at a later date. If you doors unlocked or a window is open, it is peacefull entry on a first attendance. if the office gained peacfull entry on the first attendance he can legally force entry the second time. if need be by calling in a locksmith or breaking a window (officer must arrange for it to be secured at debtors cost if debtor has not arrived by the time the officer leaves).

plus he can force entry into any outbuilding on a first attendance and remove any goods he finds.

[Man in the South]

That the bailiff says above is absolutely correct - once entry has been gained peacefully - forced entry can be made later