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| What shall I do if someone comes to my home? |
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First you should find out whether your visitor is a 'bailiff' or just a 'debt collector'. A bailiff has more powers than a debt collector. To find out who you are dealing with, ask to see their ID and a warrant from the court. Only a bailiff will be able to produce a warrant.
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| What if it's just a debt collector? | |
Bear in mind that debt collectors are not representatives of the court. They have no right to enter your home and you are under no obligation to discuss your debts with them. Try not to panic. Just tell them that you have already discussed the matter with your creditors and you have nothing further to say. Ask them to leave. If they refuse to do so, tell them they are trespassing and you will call the police. As a last resort, dial your local police station.
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| What if it's a proper bailiff? | |
You should know if you can expect bailiffs because you would have been informed by letter. Bailiffs can be authorised by the court if your creditors get a court order (in Scotland, bailiffs do not need authorisation from the court to collect council debts). Although everyone expects bailiffs to be big and nasty, they are often quite reasonable people. Usually they are only interested in getting the job done. If you are out when they call they will usually leave you a letter with a contact number. It is best to give them a call and make an arrangement to pay the debt however you can. They are often open to proposals, so long as you are not messing them around.
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| What can bailiffs take? | |
Bailiffs can take possessions outside your home such as the contents of your garden and your car. Inside the home they are only allowed to take non-essential items - they can't take your clothes, oven, fridge and so on. They are also not allowed to take tools of trade.
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| Can bailiffs force entry? | |
In general, a bailiff cannot force entry unless your debt is to the Crown, such as an unpaid fine or council tax. However, if you have missed payments on your mortgage or rent, you may be issued with an eviction order. This means that the bailiffs would be allowed to force entry into your home. In all other cases, you do not have to let the bailiff in. They may offer you something to sign. This may be a 'walking possession order', which would allow them to force entry at a later date. So check the document before you sign it! It's usually best to offer to pay them whatever you can afford, even if this is only two pounds a month. Be polite but firm - don't let them in, and don't sign anything without checking it carefully first.
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| Do bailiffs use dirty tricks? | |
Most bailiffs are professional and straightforward. However, there have been reports of bailiffs using unerhand tactics to gain entry to a debtor's home. Once inside, they are allowed to force entry next time they visit. Reported tactics include: • Taking possession of vehicles • Trying to make friends with you, or asking to use your phone • Looking through windows to take a note of your possessions • Gaining entry to your property via unlocked windows and doors, or even climbing over walls
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| What can I do to deal with bailiffs? | |
• Most importantly, get a debt solution in place as soon as possible so that you have protection from creditor action. Contact us immediately so that we can find the solution that's right for you, with a minimum of cost and hassle. • Get in touch with your creditors before things reach the bailiff stage. Offer to pay whatever you can afford, even if it's only a token payment. Make sure you follow up your telephone conversations with a written offer. • If a bailiff comes to your door, don't let them in. Ask them to leave a card and say that you will communicate via letter. • Ensure that your windows and curtains are closed, and that your car is not parked very close to your house. • If you are summoned to court, always attend so that you can argue your case. If you have had dialogue with your creditors and kept written evidence of the offers you have made, the creditors can be penalised for wasting the court's time. If this happens, the judge may reduce what you have to pay the creditors.
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