Debt and Money: The Bailiffs are coming

By Frances Jacobs

If you owe money, your creditor can  recover their money  from you using different options. Bailiffs are one of those options.

Bailiffs can be used to make you pay  a range of debts , including  council tax arrears, business rates arrears, county court orders, high court orders, child support arrears, parking or road traffic offence penalties, criminal case fines, income tax arrears, VAT debts and rent arrears.

Bailiffs  can be instructed to :

– remove personal belongings  from a debtor and sell them to pay back the debts  due

– repossess items  belonging to  a  creditor, for example  they can repossess  a car you have missed instalment  payments on

– evict you from a repossessed property.

The process for a creditor to instruct a Bailiff is quite straightforward.  If  the creditor has  a county court judgement against you, they  can apply to court for  what is known as a ‘warrant of execution’ for the court to authorise bailiffs to  act on their behalf and legally take away your possessions.  The bailiffs must usually give you a warning notice that the warrant has been issued, asking for payment within seven days.   You  then  have the right to apply to court  to  suspend this warrant.  It will then be for a Judge to decide whether you should be given the chance to pay the judgement debt, for example, by way of instalments. This means  the warrant will be put on hold as long as you keep to the terms agreed by the court. If you fail to pay, the warrant will be re-activated.

The creditor will also sometimes accept an offer. This can be an offer to pay off only part of the debt, to pay off the whole debt in instalments, or to write off the debt entirely. It’s not too late for them to accept a reasonable offer once the  bailiffs reach  your house.

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EdwardHandsandLewis
www.ehlsolicitors.co.uk Edward Hands & Lewis is a firm that has evolved over time with a commitment to its core values. We have never forgotten that we are here because of our clients who have supported us over many years. We are proud to be at the heart of the communities in which we serve and we are equally proud of the team that we have to provide such service. We aim to provide value for money with a commitment to good, clear and concise advice. We take the time to ensure that our advice and assistance matches your goals. Unlike many professional services organisations, brevity and helpfulness are our watchwords. The agile and creative minds of the people we employ equip them to advise the same client on a diverse range of matters. This multi-specialism makes our lawyers and advisors expert on a range of the legal and other issues affecting their clients’ business. The strength and depth of our client relationships avoids wasted time and cost: it enables us to keep up to speed on business and sectoral developments and there is no need to field large teams of experts as a matter of course. While we have been established for many years, we pride ourselves on forward-thinking and believe we have achieved the right blend between traditional and modern. Whether you are an existing client of ours, are about to become a client or are looking to join us, we sincerely hope that your experience is a positive one.
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