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Related Questions
- Can a bailiff seize goods from premises if the debtor has not lived at the address for more than two years and the goods in question are not the debtor's property?
- Without knowing the full details behind this question, the initial response would be no - the bailiff cannot seize the goods belonging to someone other than the debtor. In most types of debt, a bailiff can only seize (levy on) the debtor’s goods, though they can seize goods that are jointly owned. If the goods belong to someone else and they have been seized then it is for the real owner to apply to court to have them released. You can swear a Statutory Declaration regarding ownership of goods before a solicitor and present it to the bailiff to resolve the dispute.
- Do bailiffs have the right to force entry into private houses to enforce debt recovery?
- Generally bailiffs do not have the right to force their way into not a domestic property (your home) to seize goods, though there are specific exceptions to this. A bailiff must be legally authorised to collect the debt on behalf of a creditor, local authority, landlord or HMRC. The authority is normally known as a 'warrant', or 'warrant of execution' if the bailiff is recovering money owed under a county court judgment (CCJ). Bailiffs should always show identification and should only call between 6am and 9pm except Sundays and public holidays, though the court may stipulate otherwise.
Forced entry can occur on some occasions:
- Bailiffs from the HMRC are legally allowed to break into your home if they have a court warrant
- Bailiffs collecting unpaid court fees are also allowed to force their way in
- Bailiffs can force entry when enforcing Magistrates’ Distress Warrants for criminal penalties and civil penalties
- When enforcing High Court and County Court (i.e. a CCJ) at non-domestic properties (i.e. a building with no living accommodation, which include sheds, lock-ups and detached garages, separate offices)
- To re-enter properties that have previously peacefully entered, but were then expelled before completing seizure of goods (the Police may well get involved in these cases to maintain the peace)
- To remove goods previously seized. Best practice would suggest that the Bailiff shows a Walking Possession Agreement in these circumstances
Good practice regarding forced entry states:
- Entry has been requested and refused
- The Police have been notified. If the Police advise against this then this must be respected
- A loud verbal warning of forced entry has been given
If in doubt seek professional debt advice, especially with priority creditors like landlords and local authorities. - I have received a letter today from a debt recovery agency who has purchased a debt from a credit card company. This account is in dispute at this time. They say in their letter that they have been 'monitoring my personal circumstances'. What does this mean and under what authority are they allowed to do this?
- The company that wrote to you is a debt purchaser (or debt buyer) rather than a debt recovery agency and they have assumed the rights of the original creditor. You should have been informed that the debt had been bought either by the original credit card issuer or the debt buyer (what is called a good bye or hello letter, respectively). Their rights are determined by the original credit agreement and whether the credit card issuer was a member of a trade association like the Finance & Leasing Association, who has a clear code of practice for its members. The debt buyer will probably be a member of the Debt Buyers & Sellers Group (DBSG) and will therefore extend its conduct to that of the original code of practice. ‘Monitoring your personal circumstances’ normally means assessing your credit history and previous payment performance, which they are perfectly entitled to do provided it doesn’t include a new credit search that would appear on your credit file. Debt recovery enquiries and profiling of newly acquired accounts are recorded differently on your credit file. Where you have a legitimate dispute then you should persevere with the original creditor and also bring it to the attention of the new debt owner. Both are duty bound to deal with reasonable disputes. It may be the case that the debt is returned to the original creditor is there are firm grounds for your dispute. It is not uncommon for the debt buyer to be completely ignorant of the account history prior to sale of the debt.
- I have received a letter today from a debt recovery agency who has purchased a debt from a credit card company. This account is in dispute at this time. They say in their letter that they have been 'monitoring my personal circumstances'. What does this mean and under what authority are they allowed to do this?
- The company that wrote to you is a debt purchaser (or debt buyer) rather than a debt recovery agency and they have assumed the rights of the original creditor. You should have been informed that the debt had been bought either by the original credit card issuer or the debt buyer (what is called a good bye or hello letter, respectively). Their rights are determined by the original credit agreement and whether the credit card issuer was a member of a trade association like the Finance & Leasing Association, who has a clear code of practice for its members. The debt buyer will probably be a member of the Debt Buyers & Sellers Group (DBSG) and will therefore extend its conduct to that of the original code of practice. ‘Monitoring your personal circumstances’ normally means assessing your credit history and previous payment performance, which they are perfectly entitled to do provided it doesn’t include a new credit search that would appear on your credit file. Debt recovery enquiries and profiling of newly acquired accounts are recorded differently on your credit file. Where you have a legitimate dispute then you should persevere with the original creditor and also bring it to the attention of the new debt owner. Both are duty bound to deal with reasonable disputes. It may be the case that the debt is returned to the original creditor is there are firm grounds for your dispute. It is not uncommon for the debt buyer to be completely ignorant of the account history prior to sale of the debt.
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