You might have seen them on TV and marveled at how successful they at getting payments out of debtors, but just who are these people and how do they operate?
To start with, we need to readdress them as High Court Enforcement Officers (HCEOs) and they swing into action once in possession of a High Court writ of control (formerly known as a writ of Fieri Facias or Fi Fa). If you have successfully obtained a County Court Judgement for more than £600, you can apply to have it transferred up to the High Court, at which point the required Writ of Control can be obtained.
The HCEOs initially write to the debtor, but if payment is not received in full during the notice period, the HCEO attends the debtor’s premises to enforce the writ and that’s when you hear the now-familiar ‘I have been instructed by the High Court to seize goods to the value of ..’ and you see the debtors’ faces crumble. All costs are added to the Writ and the Debtors suddenly find themselves wondering why they didn’t just cough up in the first place.
You could, of course, use everyday County Court Bailiffs but they don’t quite have the same clout, fear factor or incentive. Besides, after all the hassle you’ve been through, surely it’s worth the extra effort if only to see the look on their faces as they finally have to cough up.
Bankruptcy UK offers a full bankruptcy administration service and will submit your bankruptcy application online. Court appearances are no longer required for bankruptcy. Call us for bankruptcy help on 01425 600129 or for an informal chat about your circumstances.
Bailiff Advice – Help & Support with oppressive debt collectors
Shut all doors and windows as they can enter through an open door or window.
Don’t let them in if you don’t want to.
No matter what they say do not open the door. You can speak through a letter box or from behind the door or from un upstairs window.
If you feel threatened or unsafe then call the police immediately and tell them that there is likely to be a breach of the peace and that you need assistance. The Police will keep the bailiffs at bay and come and speak to you and generally act as a go between between you and the bailiff.
When bailiffs are circling around you then they certainly get your attention. Bailiffs are notorious for being unfair, unreasonable and to lie to get what they want. they would rather take goods and answer questions afterwards. Obviously there are some good bailiffs out there but we only get to here about the bad ones and the oppressive ones.
Sadly it doesn’t matter if you are unwell or upset by a tragic life event. Bailiffs will generally continue to push until they get their way.
The letters are distressing and frightening to most people. this in turn causes worry, sleepless nights and visitors to the doctor for depression.
Lets face facts…..If you’ve got bailiffs circling you then theres usually a reason for it. Something will have happened that has caused the situation to enter your life.
Its important that a solution is found or steps are taken to resolve an escalating situation.
When people have unmanageable debt issues there are only 4 options.
Do nothing and see what happens-The risk of this is that if you have things to lose and the worry and uncertainly is already having an overbearing effect on you then stringing it out isn’t going to help you much. But we understand that if you are in this position and have no support network and don’t have the funds to put it right then there maybe no other choice other than to hold tight. Citizens advice and free help bureaus will be able to contact your creditors and speak to the bailiffs if you are unable to.
IVA- Individual Voluntary Arrangement. This is a structured negotiation based on income or an asset that you are selling whereby 75% of your total amount of debt have to agree to the repayment proposal being proposed by the insolvency Practitioner who will be drafting the IVA agreement. Any creditor who has instructed bailiffs because they have received a county court judgement will be bound by the agreement and will have a chance to vote on the proposal.
Personal Bankruptcy- This is an option that will clear all your unsecured debts and give you a fresh start.
Debt Management Plan DMP- These are still available from some providers but Debt management companies have closed and been shut down because a lot of these plans have been mis sold but license holders who have encouraged people to go into these plans but ultimately people would have been better off without them and are subsequently in worst positions because of bad advice. However if you are looking for a temporary solution because you have foreseeable monies coming in and all you need is time before you can clear your debts in full.
We offer assistance with bailiffs that may be using oppressive and illegal techniques for debt recovery. If you are being threatened by bailiffs and need help and assistance with debt matters then call our 24 hr Help Line
Bankruptcy.co.uk is a website providing assistance with most bankruptcy and Insolvency matters. The website provides a gateway to licensed Insolvency practitioners and commercial law practices governed by The Law Society of England & Wales, providing users access to licensed professionals that can help our users to solve their problems. Bankruptcy.co.uk is non advisory and provides information in a way that the user makes their own mind up as to whether they want to use the services of the organisation or not. Any fees charged are fully transparent and there are no hidden charges or costs involved. Our Management believes that people should make their own minds up and understand what it is that they are doing opposed to being lead into making decisions that they did not choose to make.