How do you deal with a bailiff? The answer to this is a conundrum, particularly when stress affects debtors’ emotions, their judgement and often their ability to assess whether someone is presenting them with a truthful picture, or using the fear factor to push their authority to the limit.
How you deal with a bailiff should be dependent on whether it is a bailiff acting within their legal remit, or one acting illegally and trying to tip the scales in their favour financially, to compensate for relatively little reward coming via the Court system.
The golden rule is to determine whether the bailiff is operating under a required bailiff’s bond, or claiming legal powers that are more fact than fiction. If you are in debt and threatened with bailiff action, find out exactly who you are dealing with. Your relationship with ‘the enemy at the door’ may well depend upon whether they are carrying out instructions legally, or assuming powers that the law does not actually give them.
To check out a bailiff’s credentials, consult the Certificated Bailiff Register at http://certificatedbailiffs.justice.gov.uk/CertificatedBailiffs/ If you cannot find your ‘bailiff’ on this register, text and ask which Court granted the bailiff’s certificate and on what date that was granted. If you are not satisfied, write to the firm to express your concerns.
If you are dealing with a registered bailiff, be on your guard. You do not have to let a bailiff into your home, although they can seize goods for the payment of debts that you have failed to settle with your creditors.
During the recession, bailiffs are pushing Walking Possession agreements. Here, the bailiff lists your saleable assets and possessions, but allows you to have them on your premises, to continue to use. If you sign such an agreement, the bailiff can charge an additional fee – one reason for them to push Walking Possession agreements. Signing does give you five days to settle a debt, but if you agree a regular debt repayment sum and then fall behind with payments, a bailiff will legally charge a hefty ‘Attending to Remove’ fee
If you come to an arrangement, be careful. Only agree to a regular repayment sum that you can afford. Also, make sure you stress that you will pay by the end of each month. Those agreeing to pay mid-month frequently find the payment date falls on a weekend and cannot be made until the Monday. The bailiff typically expects payments to clear their account, rather than arrive in it, by the agreed date. If you are even a day late, you will find how speedy a bailiff’s administrative system can be and could be told that the entire debt is now owing. Bills for illegal ‘removal fees’ or ‘broken agreement’ fees add insult to injury. You can pay a bailiff by cash, cheque or credit card, but cards will again in cur an extra charge.
Knowledge is power when dealing with these debt collection experts, so wise up and defend your property on an even playing field. If you have any doubts about how to do this, call the Debt Advice
For help with avoiding a CCJ, see Debt Advice Group today or for information on debt solutions that may help you in the long run.
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