Court bailiffs CCJ overpayment of wages.

[mojo8]

Hi ,

I was hoping somebody may be able to give me some advice.

 

 

i received a ccj in 2015 regarding overpayment from my last employer.

I had a letter put through my door last night stating that court balifs would apply to the courts to force entry into my home.

Is this something they can do for a ccj as I didn't think they could do this.

 

 

The ccj is for £600 but 250 of that is charges.

I can't afford to pay that in 1 go but will pay monthly but I have never been given that option.

 

 

I will call the balif back with a payment offer of £100 per month

but I could do with knowing my rights first ( in terms of them forcing entry)before I make the call.

 

 

I have downloaded a n245 form today, do I mention this to them.

 

Thankyou for any help offered

[AndyOrch]

Hi mojo8

 

I have moved your thread to the appropriate forum.

 

Regards

 

Andy

[renegadeimp]

Cant force entry for a civil debt. He's lying.

 

when can bailiffs force entry?

There are limited situations when a bailiff can force entry to your property if they have not been in before.

 

The bailiff is collecting a criminal magistrates’ court fine.

HM Revenue and Customs are collecting tax debts. The court’s permission is needed for this.

County court bailiffs or High Court Enforcement Officers can break into business property.

In practice, it is rare for these types of bailiff to force entry. Also, remember that other types of bailiff should not force entry if they have not been in before.

 

https://www.nationaldebtline.org/EW/information/bailiff-action/Pages/Bailiff-golden-rules.aspx#

[mojo8]

Hi mojo8

 

I have moved your thread to the appropriate forum.

 

Regards

 

Andy

Thankyou Andy

[mojo8]

I have read several summaries and found that different sites gave conflicting advice

so was looking for advice based on this particular type of debt.

 

 

Sorry to be a pain but I just need to be sure before I have a conversation with these people.

Thanks

[AndyOrch]

Stick with the advice from this Forum mojo8 ...otherwise it will end up costing you even more.....its a civil debt as stated.

 

https://www.gov.uk/your-rights-bailiffs/what-you-can-do-when-a-bailiff-visits

[mojo8]

Thankyou,

this forum states that they are allowed to force their way into your home

to collect unpaid criminal fines, Income Tax or Stamp Duty, but only as a last resort.m states..

 

 

...I'm assuming from this that they can't force entry into my home for a ccj.

 

Thanks

[AndyOrch]

No because its a Civil debt CCJ...try to concentrate on dealing(Payment) with the CCJ and get the N245 completed/submitted quickly...rather than worrying about the Bailiff.

 

If you wish to challenge the CCJ itself then also submit an N244...to set a side.

[mojo8]

Thankyou, that's a massive help. I appreciate it. I have completed the paperwork now so hopefully will get some resolution to this now.. Thanks again

[ploddertom]

 

 

Cant force entry for a civil debt. He's lying.

 

 

 

Not quite right I'm afraid.

 

 

There is provision within Schedule 12 to allow an EA or Court Bailiff to apply to the Court for an Order allowing them to force entry (if necessary) to Take Control of Goods for a debt that may be owing.

 

 

There is a proviso for this and it is aimed more at those who show signs of having the means to be able to pay their debts but choose not to.

 

 

Doesn't happen very often but if you have a 6 bedroom mansion down a leafy lane and have your Bentley or Ferrari on the drive then it may. Again it is probably used more as threat than anything else but you have to be aware it exists.

 

For Reference see Schedule 12, Part 2, para 15 + you should read further paras that make reference to the power conferred under para 15.

[renegadeimp]

There might be a provision, but very doubtful it will apply to the OP. But im always willing to learn. Thanks PT

[Peterbard]

Not quite right I'm afraid. There is provision within Schedule 12 to allow an EA or Court Bailiff to apply to the Court for an Order allowing them to force entry (if necessary) to Take Control of Goods for a debt that may be owing. There is a proviso for this and it is aimed more at those who show signs of having the means to be able to pay their debts but choose not to. Doesn't happen very often but if you have a 6 bedroom mansion down a leafy lane and have your Bentley or Ferrari on the drive then it may. Again it is probably used more as threat than anything else but you have to be aware it exists.

 

For Reference see Schedule 12, Part 2, para 15 + you should read further paras that make reference to the power conferred under para 15.

 

Indeed there is PT and here it is,

 

Application for power to use reasonable force

 

20(1)This paragraph applies if an enforcement agent has power to enter premises under paragraph 14 or 16 or under a warrant under paragraph 15.

(2)If the enforcement agent applies to the court it may issue a warrant which authorises him to use, if necessary, reasonable force to enter the premises or to do anything for which entry is authorised.

21(1)This paragraph applies if an enforcement agent is applying for power to enter premises under a warrant under paragraph 15.

(2)If the enforcement agent applies to the court it may include in the warrant provision authorising him to use, if necessary, reasonable force to enter the premises or to do anything for which entry is authorised.

 

The first section (20) can issue a warrant to use reasonable force at initial attendance(14) to the relavant premises, or at reattendance.(16).

 

Section 21 Issues a warrant to force entry, when the seizure is at another premises(also under warrant(section 15)) and can be attached to that warrant.

 

The secnd are quite common as they often refer to out houses or garages where goods are stored and the debtor is not likely to be available. The first are very rare and all sources say that you can count the numbers issued annually on one hand.

[ploddertom]

 

There might be a provision, but very doubtful it will apply to the OP. But im always willing to learn. Thanks PT

 

 

I agree with you but we should be aware it does exist and should not be dismissed out of hand. It is used mostly in HCEO high value cases.

[mojo8]

Hi

Thanks for the advice. I'm afraid I don't have a six bedroom mansion or Ferrari and I'm willing to pay but not in one go.

Thanks

[Bailiff Advice]

Hi

Thanks for the advice. I'm afraid I don't have a six bedroom mansion or Ferrari and I'm willing to pay but not in one go.

Thanks

 

Given that a personal visit has taken place the only way to resolve this matter is to complete an N245 to 'vary' the court order. Unfortunately, you will find that there is a quite hefty fee to pay for this application. If you are in receipt of qualifying benefits, you can complete an EX160 form.

 

It is important that you inform the county court bailiff that an N245 has been submitted as it is not likely that you will receive a response to your application (N245) for maybe another month.

 

The court will send a copy of your N245 to the creditor. If they accept your repayment proposal, they do not need to respond and after a period of 16 days, the court will automatically grant your payment proposal.

 

If they object, they must write back to the court explaining the reason for the objection and outlining a figure that would be acceptable. The court will then make a decision based upon the information provided in your N245.

[AndyOrch]

The fee for the N245 is £50.

[ploddertom]

As has been mentioned fill the N245 out to make an affordable amount to pay that you can sustain. What has not been mentioned is the this Form has a dual function and you should also tick the box to Suspend the Warrant. By all means inform the Bailiff of your actions but only when you have submitted the Form as he may well check up on you. You should also download Forms EX160a & EX160c to see if you are entitled to any help with the application fee.