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Preventing Enforcement

By: Garry Crystal - Updated: 20 Oct 2012 | comments*Discuss
Preventing Enforcement Debt Bailiffs

If you are in debt and have been issued with court orders, debt recovery letters, or bailiffs appearing at your door it will no doubt be a stressful time. There are ways of preventing enforcement by bailiffs or debt collectors and it is important that you know your rights regarding the recovery of money.

The Simplest Solution to Preventing Enforcement

There are thousands of legal companies in Britain whose sole job is chasing bad debts. Debt enforcement companies have numerous ways to pursue non payers and not only will they expect the debts to be repaid but they will also expect their costs to be covered. If you have been contacted by these companies it is important that you speak to them in order to work out a repayment plan, but it is also important that you are aware of your rights when dealing with these companies.

Do Not be Intimidated

The number one rule for a person in debt is not to panic and give in to whatever repayment terms the debt collection company offers. You should only agree on a repayment schedule that you can afford. Debt collection companies do not want to go to court over a debt. It will mean added costs and there is still no guarantee that a judge will find in their favour if your financial circumstances mean that you cannot afford repayments.

Debt Collectors and your Home

Debt collectors cannot under any circumstances turn up at your home and take away your property or threaten you in anyway. A known threatening tactic used in telephone conversations you may have with debt collectors will be the agency saying they will send someone to your door if your do not keep to repayment terms. This is a blatant lie by the debt collection agency; debt collectors can only turn up at your home if you give them permission to do so.

Debt collectors have limited powers when it comes to collecting money owed to the company they work for. They are not bailiffs and they are not court appointed to collect money. If a debt collection agency tells you that they are sending someone to your home, simply tell them that you know your legal rights and that this is against the law. Inform them that you have not given permission for this to happen and you will report the company to the proper authorities.

Enforcement Options

There are a number of enforcement options available to creditors to recover money, but for many of these enforcement options a court will have to issue an order. These can include:

  • Attachment of wages
  • Warrant Execution
  • An order to attend court
  • Bankruptcy
  • Statutory Demand
  • Liquidation
The above options will all need some form of court interaction on the part of the creditor. It does not automatically mean that they will regain their money but the best way for preventing enforcement of these options is to set out a repayment plan offer. If the creditor does not agree to this repayment offer then a court hearing may be the only choice. But the fact that you have offered a repayment plan will be taken into consideration.

Preventing Enforcement by Bailiffs

Bailiffs are basically private staff hired by councils to collect debts such as council taxes. You must have received notification that a bailiff will be appearing at your door and you will have 14 days to pay your debt before bailiffs will be sent. A large number of people do not know that they do not actually have to allow bailiffs into their home.

Bailiffs and Your Home

Bailiffs will try a number of different methods to gain entry into your home but if they cannot get into your home they cannot take your goods. Bailiffs can enter through unlocked doors and windows but do not fall for pleas by bailiffs to use the toilet or telephone. If you let a bailiff into your home they can then possess your goods for sale. If a bailiff has entered your home once then they do have the right to come back and break into your home; the rule is to never let bailiffs in. Bailiffs also do not have the right to make you sign any kind of document, so refuse to do so if they tell you otherwise.

The most important method to preventing enforcement of any type of debt is to offer a repayment plan to your creditors and sticking to the repayments. Debt collectors and bailiffs have limited powers regarding collecting money, and they rely on the debtor’s ignorance of their rights. A repayment plan is the best way to ensure that you are not harassed continually by credit companies and to ensure that you regain control of your financial powers.

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