If you're being threatened with a visit from a bailiff then you ought to know your rights.
A bailiff is an authorised debt collector and their powers are more limited than you may think. They use the misconceptions surrounding them to their advantage.
Most bailiffs do not have the right to force their way into your home, unless they are from the Collector of Taxes and have a warrant to gain entry. All other bailiffs have the right of peaceful entry only.
Peaceful entry limits the bailiff to gaining access if you let them in, or leave a door or window unlocked. A bailiff may employ a variety of different tactics in order to gain peaceful entry; for instance, they may try to enter as soon as you answer the door, or give an excuse to enter, such as needing to use the telephone to call the office. It is imperative that you do not let a bailiff in unless you want them to seize your goods.
The police will not help a bailiff gain entry, and if they are present, it is only to prevent a breach of the peace. You can not be arrested for refusing entry to a bailiff.
If a bailiff does gain entry into your home then they will try to find any valuable goods and seize them in order to sell them off at a public auction. The money raised here goes towards paying the debt that you owe.
With the clients we deal with, many of them have the threat of bailiffs hanging over them whilst awaiting their court date in order to finalise their bankruptcy. Once bankrupt, your creditors are no longer allowed to pursue you for any money previously owed.
It could be that bankruptcy is the most suitable debt solution for you.
You may hear that bankruptcy should be considered a last resort, and that you should try an IVA (Individual Voluntary Arrangement), IPP (Informal Payment Plan) or DMP (Debt Management Plan) first, but this isn't always suitable. What's right for you depends entirely on your circumstances as these are all solutions to the same problem, but tackled differently.
You may find that you would benefit from professional help in completing your Statement of Affairs and Bankruptcy Petition.
From the time that you decide to apply for a bankruptcy order, to the day that you are declared bankrupt, you may seek assistance in order to keep your creditors and bailiffs at bay. In addition, performing your own research into bankruptcy often results in receiving conflicting information, depending on the source(s).
Personal bankruptcy for Scottish residents is called Sequestration.
To be sequestrated you must owe at least £1,500 and either: one or more of your creditors must have taken you to court to enforce or demand you repay a debt or you must have been on a debt payment programme under DAS that has been revoked and one of the creditors in the DPP have been to court and obtained a decree on one of the debts.
You are immediately free from debt and will not be responsible for any of your pre-existing debts.
It is a fresh start for you and your family to start again and build yourself up from a position of strength. You are immediately protected from all your creditors who form part of your bankruptcy.
Clear Insolvency is trading name of Hamilton and Clarke Ltd.
Registered in the UK. Company no. 6465374. Consumer Credit License (UK) 612841
Clear Insolvency, 27 Old Gloucester Street, London, WC1N 3AX
