Can I keep the balliffs from my door?

[sam19677]

Hi all

I've got 2 credit cards and 5 store cards. I'm in a financial mess. Got 2 CCJ's last week from the store cards and the balliffs are coming next week. Can I hold the balliffs of (and any more CCJ's) while I start claiming for unfair charges. Thank you for any help xx

[BotB]

What debt is it that the bailiffs are trying to collect from you?

[Guest Zooman]

Right all you need to do is fill in this form (Form N245 to ask for an instalment order), this asks to pay by instalments. There is a £35 fee for each application (see below).

What if I cannot afford the fee (£35 fee for each application)?

 

The fee you will have to pay to the court will depend on the amount you are claiming, including interest. You will have to pay a court fee unless:

• you or your partner receive Income Support;
  
• you or your partner receive Pension Credit guarantee credit;
  
• you receive Income-based Job Seeker’s Allowance;
  
• your gross annual income is £15,050 or less, and you receive Working Tax Credit with a ‘disability element’ or ‘severe disability element’;
  
• your gross annual income is £15,050 or less and you and your partner receive Working Tax Credit and Child Tax Credit between you;

If you show that the payment of a court fee would involve undue hardship to you, the Court Manager may reduce the fee or “remit” (say you do not have to pay) the fee.

For further information, or to apply for fee exemption or remission, see files below.

fee exemption combined guidance booklet and application form - ex160a

 

 

fee exemption application form - ex160

[Guest Zooman]

The court should inform the bailiff that you have asked for the warrant to be suspended (stopped) and for an instalment order to be made. But we all know what in-trays are like so ring the bailiff on Monday morning telling him you are going into court that day with a n245 and making the application, if the bailiff is in the same court house go to his office once you filed the n245 and let him know.

 

BTW the application should be sent to the court that issued the N245 regardless if it is your nearest or not. So you may have to tell him you have posted it.

[caledfwlch]

Can a Bailiff enter your house regardless if there is a CCJ from a finance company?

 

Or do the usual rules apply - only peaceful entry if you refuse, and not that if you keep your windows and doors locked?

[Guest Zooman]

Can a Bailiff enter your house regardless if there is a CCJ from a finance company?

No.

Or do the usual rules apply - only peaceful entry if you refuse, and not that if you keep your windows and doors locked?

Yes.

[BotB]

sam,

what debt is the bailiff trying to collect? If its to do with Council tax, the County Court procedure doesn't apply.

If you only had the CCJ's made against you last week, they aren't registered for 28 days anyway so a warrant couldn't be issued before then.

 

To get a proper answer to your question, you need to let us know what the debt is so we know if its a private bailiff company or County Court bailiffs you are dealing with.

[Guest Zooman]

A CCJ warrant can be issued forthwith unless the order includes a payment plan.

[Guest Zooman]

To be fair he got the proper answer in post 3 and is what should be done, the law has procedures in place for just this thing. It matters not if it is the county court bailiffs or high court enforcement (private bailiff company) the answer I give in post 3 is the same. The circumstances or time have no relevance regarding the enforcement of a CCJ.

 

They are registered on the Judgement List on the Day of Judgement and show up on the register after about 5 days but can be removed completely if paid in full within 1 calender month by sending a chq for £15 to the court that issued it with proof of payment.

[sam19677]

Hi all Thank you so much for all your advice (specially to zooman). I've been wading through all my (some unopened) statements and demands, after finally getting my head out of the sand! I've been reading and re-reading all the FAQ and threads. I've found it all very empowering. I've started steps to get my life back on track. Thank you again to the people that have taken the time to answer my question and the support that everyone on this site offers. Sam xx

[rockape412]

Advice needed please, I foolishly signed a contract with 118118 and gave a cheque for £300 and a direct debit order for £30 per month to advertise my business. Howerver I discovered I was not going to be able to honour this agreement and cancelled the cheque and DD. 118118 went straight to a ballif company who put there fees of £180 on top I am now getting calls on a daily basis with lots of threats etc to extract the fees.