Wednesday, October 7, 2009

Question about bailiffs?

Can bailiffs come round for an unpaid £408 mobile phone bill?



Answers:

Yes! However, you do have rights and they have regulations to abide to. First of all, if they send letters, you can ignore them. If they turn up at your door, make sure you have a chain on the door and always use it to answer the door. Do NOT let the Bailiff step inside your home, that is a golden rule. If you don%26#39;t pay, a Bailiff cannot seize goods without going to the courts and getting an order to do so. The only way the Bailiff can get the order is if he has a list of goods to seize. The only way he can get the list is by entering your home. A Bailiff can NOT force entry unless he has previously been inside your property and has an inventory and a Court Order to seize goods. Therefore, if you don%26#39;t allow any entry, he can%26#39;t have a list of goods. If he manages to get a list together, through looking through your windows etc. and he gets a seizure order, you can refuse to allow him in to seize the goods. If he forces entry, you can bring criminal charges against him for "Criminal Damage" and sue for trespass and theft. Finally, if he has been allowed access previously, he can only seize the goods that he has listed. Therefore, if he has not been in your home before, he will not have any contents listed that are upstairs. That could be evidence enough that an illegal seizure and illegal entry has taken place. Remember, you must not let them in, even just for discussing the debt. Once a Bailiff has been in, he can return as often as necessary. The best thing is to call the mobile company with a sob story (illness, death etc.) and tell them that you can%26#39;t afford £408 but if they could reduce the amount and call off the Bailiff, you will make an agreement to pay monthly instalments to clear the debt. Make sure you log the call and what both you and they say. If they refuse to accept, make sure you attend the County Court hearing and inform the Judge that you have attempted to make an agreement and the Mobile Company have refused to make an agreement thus increasing the debt (legal costs etc.). The Judge can therefore reduce the amount, waive their legal costs and allow you to pay between £5 and £10 a week. For more advice on County Court procedure etc. make an appointment with your local Citizens Advice (CAB) and speak with their debt councillor. Yes, money is money.

No comments:

Post a Comment