Bailiffs came to my house this week..so worried :(

[rebelyell]

Hi there;
I am new to this forum & am really hoping to get some advice with regards to bailiffs & my rights etc.

Basically my partner has 2 different credit card debts & he has had letters through & ignored them ( I was not happy about this but these were debts he had before I met him & he's just left them) He has been getting these for years now & various debt collection agencies have written/phoned.

He got a letter a few weeks ago from Marstons group regarding one of his credit card debts stating he had 7 days to pay the full balance etc. Which he ignored

Anyway we had a knock at the door late one evening & my partner answered, a huge big guy asked if my partner was in to which my partner replied sorry he doesn't live here. The guy said nothing else & just left.

I am now terrified he's going to come back

My partner isn't working at the moment as he is ill & I have a babe so am not either.

We claim joint benefit however it is paid into my account & nearly everything in my home was bought with my bank card. I do have receipts for a lot of stuff but some I don't. Do bailiffs have the right to take anything from my home if they cannot prove it belongs to my partner?

Would it also not matter that it's technically his money too that bought the items etc so they might argue that it is infact his stuff?

I'm so scared they're going to come back & try take everything. I've had the doors locked since then & have been worrying sick.

He;s had no phone calls or letters since then & I'm worrying what the hell is going to happen.

Any advice anyone has would be greatly appreciated

[labman]

Re: Bailiffs came to my house this week..so worried

OK, the first thing to do is to calm down. I know this is easier said than done - I've had bailiffs knocking at my door! They cannot just come in and take things, you don't have to let them in.

Please try to calm your nerves and sit down and have a read of this:

Bailiff Guide - Legal Beagles Consumer Forum

Any questions, come back and post them up.

[WendyB]

Re: Bailiffs came to my house this week..so worried

I thought I'd posted this but maybe I hadnt. Firstly, is there a CCJ for this outstanding amount? If there isn't, then the bailiff is not even allowed to visit, let alone demand any money and even less allowed entry into your home, never mind take any goods. Secondly, he may not have been a bailiff at all, possibly a doorstep agent for a DCA, in which case he has less right to knock on your door and demand entry than the guy delivering your takeaway.

[Amy]

Re: Bailiffs came to my house this week..so worried

Good post Wendy, echoes mine that was removed.

[WendyB]

Re: Bailiffs came to my house this week..so worried

Great minds think alike

[labman]

Re: Bailiffs came to my house this week..so worried

rebelyell - if you could answer Wendy's question re the CCJ it would enable us to advise you further. Chances are it was just a debt collector who can safely be ignored knocking at your door, and you have no reason to be scared.

Without having an answer to the CCJ question, it's hard to give you anything more definite than that though.

[teaboy2]

Re: Bailiffs came to my house this week..so worried

Firstly these are credit card debts, so the guy is not a bailiff but indeed a powerless DCA collection agent who has no rights to enter your home and can not seize any goods whatsoever. Also he is comitting a tort of trespass if he turns up without making a prior appointment with your partner first.

Secondly, along with Wendy's question regarding the CCJ, can you also tell us when was the last time your partner made any payment towards the debt or last acknowelged the debts to the Debt collection companies? Because if either was over 6 years ago the debts will be statuted barred (5 years if you live in scotland) meaning they can not be enforced.

Thirdly, has your partner received any Default Notices or notices of assignment? I ask because lack of a valid default notice means a court can not enforce the debt (though if there is a CCJ we will have to get that set aside first)

And last but not least, whats is the name of the Debt Collection company?

[ploddertom]

Re: Bailiffs came to my house this week..so worried

Don't wish to be a party pooper here but if Marstons are involved they don't do DCA. Sounds as if a CCJ has been obtained and now transferred up to HCEO action. However there is also another train of thought and that is could this be for a Magistrates Court Fine?

[TUTTSI]

Re: Bailiffs came to my house this week..so worried

Very true Plodderton.....:tinysmile_aha_t:

Don't wish to be a party pooper here but if Marstons are involved they don't do DCA. Sounds as if a CCJ has been obtained and now transferred up to HCEO action. However there is also another train of thought and that is could this be for a Magistrates Court Fine?

[teaboy2]

Re: Bailiffs came to my house this week..so worried

Don't wish to be a party pooper here but if Marstons are involved they don't do DCA. Sounds as if a CCJ has been obtained and now transferred up to HCEO action. However there is also another train of thought and that is could this be for a Magistrates Court Fine?

Marstons do do debt collection, i have dealt with them a couple of times in the past for debts where no court action had been taken. Though admittedly they do specialise in debts like council tax or Fines, but that does not mean they do not try to collect other debts too.

Heres a thread about them trying to collect a wonga loan - Nightmare with Marston Group/Wonga

So yes they do collect general debts too.

[labman]

Re: Bailiffs came to my house this week..so worried

According to their website they only do enforcement.

[TUTTSI]

Re: Bailiffs came to my house this week..so worried

Where do Debt Line's Marston Group customers live?

Debt Line help people in the UK with Marston Group debt. To get help now and reduce your repayments for Marston Group debt and any other unsecured debts, credit cards, bills or store cards click here.

It looks like they do Labman...found this by searching Google.

[labman]

Re: Bailiffs came to my house this week..so worried

I stand corrected. Their websites actually contradict themselves! They do do DCA work.

[CleverClogs]

Re: Bailiffs came to my house this week..so worried

According to their website they only do enforcement.

Have you forgotten rule #1?

sǝıl llǝʇ sɟɟılıɐq

[ploddertom]

Re: Bailiffs came to my house this week..so worried

mmm learn something every day then. Sorry if I caused any confusion.