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Before I explain my run in with a county court bailiff, I need to make a few things clear:
I suffer from bipolar disorder, and the reason I received a CCJ was because I was subletting a room (In a manner, which I have recently found out, has no legal standing) and due to suffering a run of problems related to my bipolar, I was unable to pay rent for three months before leaving the place.
Now, I received the judgement, and have spent time trying to work out payment plans. However, for a period of about... three months, I received no communication whatsoever from the courts. No letters, no calls, no visits.
Then, out of the blue, a county court bailiff shows up at my door. He claims that he has sent numerous letters and made numerous calls, which is basically, a lie. I had not received so much as one letter from the court. I ask him to send me a form to have the warrant set aside.
I receive this form, but owing to numerous issues with my family (basically, we had a massive falling out and I have had no communication with them) the sending off of the form slipped to the back of my mind. Again, no letters, no calls.
Then, two days ago, the same bailiff appears at my door, again saying he has sent letters (lying again) and saying if I do not let him in, he will come back round with the police. I ask him to give me a week to send off the form, and explain how as part of my Bipolar, having random people come to my house really messes with my head (which was why, later that night I had a major episode of relapse). He refuses and again asserts that if I do not let him in, he will come back with the police.
Now, I have read up on bailiff rights, and know they need to be peacefully let in. However, I did read that under certain circumstances, they can force their way in if they have certain warrants. But I wasn't aware of the exact circumstances, and the last thing I wanted was the police knocking my door down, so I let him in.
He comes in and lists on a walking possession order: my computer, my fiancee's laptop (we have no receipt to prove it is hers as she bought it from my sister a few months back, so he put it down), our sofas and armchairs, our TV, DVD player and radio. He then gives me the form, but doesn't get me to sign it. He then tells me that if I send that form back to remove the warrant, no further action will be taken.
My questions therefore are:
He did not ask me to sign the Walking Possession agreement. Is it therefore legally binding?
He basically lied to me repeatedly about sending letters and calling, as I have received no letters or calls. I could understand one, maybe two letters going missing, but he claims to have sent "numerous". Do I have any recourse to take action against him?
Is a bailiff from a county court allowed to force entry into your home with police assistance, and if not, does that mean he has lied to me again, and can what can I do about this?
Any help would be much appreciated!
I suffer from bipolar disorder, and the reason I received a CCJ was because I was subletting a room (In a manner, which I have recently found out, has no legal standing) and due to suffering a run of problems related to my bipolar, I was unable to pay rent for three months before leaving the place.
Now, I received the judgement, and have spent time trying to work out payment plans. However, for a period of about... three months, I received no communication whatsoever from the courts. No letters, no calls, no visits.
Then, out of the blue, a county court bailiff shows up at my door. He claims that he has sent numerous letters and made numerous calls, which is basically, a lie. I had not received so much as one letter from the court. I ask him to send me a form to have the warrant set aside.
I receive this form, but owing to numerous issues with my family (basically, we had a massive falling out and I have had no communication with them) the sending off of the form slipped to the back of my mind. Again, no letters, no calls.
Then, two days ago, the same bailiff appears at my door, again saying he has sent letters (lying again) and saying if I do not let him in, he will come back round with the police. I ask him to give me a week to send off the form, and explain how as part of my Bipolar, having random people come to my house really messes with my head (which was why, later that night I had a major episode of relapse). He refuses and again asserts that if I do not let him in, he will come back with the police.
Now, I have read up on bailiff rights, and know they need to be peacefully let in. However, I did read that under certain circumstances, they can force their way in if they have certain warrants. But I wasn't aware of the exact circumstances, and the last thing I wanted was the police knocking my door down, so I let him in.
He comes in and lists on a walking possession order: my computer, my fiancee's laptop (we have no receipt to prove it is hers as she bought it from my sister a few months back, so he put it down), our sofas and armchairs, our TV, DVD player and radio. He then gives me the form, but doesn't get me to sign it. He then tells me that if I send that form back to remove the warrant, no further action will be taken.
My questions therefore are:
He did not ask me to sign the Walking Possession agreement. Is it therefore legally binding?
He basically lied to me repeatedly about sending letters and calling, as I have received no letters or calls. I could understand one, maybe two letters going missing, but he claims to have sent "numerous". Do I have any recourse to take action against him?
Is a bailiff from a county court allowed to force entry into your home with police assistance, and if not, does that mean he has lied to me again, and can what can I do about this?
Any help would be much appreciated!
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