Help Bailiff been.

[cooltywyn]

Please can someone help?

 

A county court bailiff has been, I didn't let him in & he left a letter saying would come back & if need to would force entry to remove goods. Can he do that?

[cooltywyn]

Any help or advice pleas?

[renegadeimp]

What was he there for? Just keep windows and doors shut and any vehicles a good 5-10 min walk away.

[Desperate Daniella]

We'll try and help, of course.

 

Which bailiff firm?

[cooltywyn]

He was there for a debt which my wife had from a failed business she had, he didn't say what firm was from & the letter just say's Aberystwith County Court.

[cooltywyn]

Forgot to say we are in a first floor flat with only 1 external door, and my dad paid for our car(we have receipt with his name on) but log book in my wife's name.

[Desperate Daniella]

Did your wife get a CCJ for this debt? He could be a High Court Enforcement Officer.

[cooltywyn]

They never took my wife to court they took me to court even though it was my wife's business, I sent proof to court but was unable to attend, next we got was this.

It just says HM COURTS & TRIBUNALS SERVICE, Mr Harried Bailiff

[Desperate Daniella]

You must ring the Court and ask them what is going on. Could a judgment have been made against you in your absence? When was the court date?

[ploddertom]

It would appear that a CCJ has been awarded against one of you. As it has now gone unpaid it seems the Creditor has applied for a Warrant of Execution enabling them to be able to seize goods to sell to settle the debt. The County Court Bailiff is usually quite affable and remember he has no right of entry to your home, make sure you keep your door locked. If you have no knowledge of any of this it might be you can apply to have the Judgment Set Aside and the Warrant suspended.

[cooltywyn]

Thanks for your advice, our local CAB is on Tues will keep door locked till then & see what help they can give,

[ploddertom]

As good as CAB might be the advice given can be very variable. Your plan of action should be to contact the Court and ask for details of the CCJ, you will need to find the exact address they have used to send everything to. It will also be worthwhile contacting the Bailiffs office and advising you know nothing about this and will he give you time to do so - as said previously they are pretty good unlike most you read about on here.

[cooltywyn]

Thank ploddertom will try ring them in morning see what they say, unnerved a bit thinking they can force door & take your things,,

[cooltywyn]

Just a quick note, I have looked on the Certificated Bailiff Register found on here, and the Bailiff's name on the letter he left isn't on the list??

[renegadeimp]

Dont worry about that for now. Focus on what is actually happening. Once you have that sorted, THEN you can think about other things.

[cooltywyn]

Yea sorry just bit of panic over letter he left,,

[Desperate Daniella]

Calling the Court really is the best way forward.

 

Is there a business address your wife was using? Maybe the correspondence went there?

[cooltywyn]

No they sent the original paperwork here then when I sent all the proofs that was not my business nothing back,

[Desperate Daniella]

So you responded by saying you had no connection with her company and they have apparently given you a CCJ?

 

You definitely must call the Court first thing in the morning. If this has happened you need to get it set aside.

[cooltywyn]

Yea thats correct, I sent proof to the court, but was unable to attend so the judge dismissed it & gave me the ccj, now the claimant has realised his mistake & my wife's name has just been handwritten in on the form,

[renegadeimp]

Then you have to go to the court tomorrow morning. He is not allowed to edit documents like that without the authority of the court. HE would need to serve a full fresh claim on your wife. Not tip-ex your name out and put hers in.

[Desperate Daniella]

I don't think any Judge is going to be impressed by that!

 

Go to the Court first thing. This guy may well be in trouble.

[ploddertom]

Just a quick note, I have looked on the Certificated Bailiff Register found on here, and the Bailiff's name on the letter he left isn't on the list??

 

He won't appear as he is a salaried employee of HMCTS.

[cooltywyn]

Hi, We have spoken to the CAB who in turn have spoken to a lawyer who has said it sounds like joint & several liability. I don't understand how can say that, the bank account was in my wife's name only, the VAT was in my wife's name only, how can I be liable when i only helped out?

[ploddertom]

As good as CAB may be they can be found lacking in certain areas. As for the solicitor then that will depend on his area of expertise.

 

Have you contacted the Court as advised earlier?