You've received the notice because you owe money, and because the person, organisation, or public authority has taken you to Court and gained a judgment against you. The notice tells you who this is, and how much you owe.
Known as the COMPLIANCE STAGE, it means that the process of collecting the money has now been passed to enforcement agents (bailiffs).
Your debt has increased automatically by £75, and the notice gives you at least 7 clear days to pay your debt in full, or contact us to make arrangements to settle the debt.
You must contact us before the date and time shown on the notice.
If you have not contacted us by the date and time shown on the notice, your premises will be visited by certificated enforcement agents (bailiffs).
They will visit to either request payment, or seek to remove goods to cover the debt.
If the agents have to visit, a minimum of £235 will be automatically added to your debt.
If you do not contact us, and refuse to answer your door to our agents (who will make multiple visits), then application may be made to the Court for monies to be automatically deducted from your earnings.
If you refuse to pay, you could also have to attend court with the possibility of a custodial sentence, or face bankruptcy under certain circumstances.
An agent can visit your home between the hours of 6am and 9pm - on any day of the year. A Court order may extend these times.
A business premises can also be visited at any time during their normal hours of business.
A debt collector does not have legal powers to either enter your premises, or to seize or control goods.
A certificated enforcement agent (bailiff) is granted the legal authority by a District Judge to seize goods or monies proved owing by a Court, and to re-enter a premises by force if necessary. This power can be exercised anywhere in England or Wales.
When acting lawfully, a certificated enforcement agent (bailiff) cannot be guilty of trespass or theft.
Yes.
A Certificated Enforcement Agent (certificated bailiff) has powers granted by the Court under the Tribunals, Courts and Enforcement Act 2007. Their certification is renewed every two years, personally, by a district Judge.
They must act within the Law, and have powers to seize goods or monies where appropriate.
It is a criminal offence to impede or obstruct an agent who is acting lawfully.
Certificated Enforcement Agents also have the power of arrest, when executing an arrest warrant on behalf of Magistrates' Courts.
Generally, No.
Payment can be taken on the doorstep. If peaceful access is allowed, and no payment is possible, then the agents may take note of goods that can be removed if necessary.
Certificated Enforcement Agents can make peaceful entry to a property if allowed in, or without further permission through any unlocked or open door, or other usual method of entry to a premises. Once inside a property, it is illegal to obstruct them or attempt to make them leave. It is an arrestable offence to obstruct or impede a certificated enforcement agent who is acting lawfully.
If you have entered into a controlled goods agreement with the agents, then you cannot refuse an agent access to your premises on a future visit.
If the debt is in relation to non-payment of criminal fines, or HMRC tax issues, for instance, then a premises can legally be entered by force. A Judge can also permit forced entry under other exceptional circumstances.
No.
Certain websites and forums advise debtors to display notices on their premises withdrawing permission for the bailiffs to attend the property, advising that any future visit to the property will constitute trespass.
This advice is incorrect, and complete rubbish.
A bailiff executing a Court warrant or writ has the express right of access in Law to attend the named property, which cannot be withdrawn by the debtor.
As such, should the debtor wish to attempt court proceeding against the alleged trespass, the proceedings would effectively be against the Court itself, as the bailiff is executing a Court instrument.
No. This is a popular myth.
There is no legal requirement for either a Court seal, or for the original document to be signed in ink.
There is no requirement in Law for the attending bailiff to have physical possession of the actual warrant.
It is sufficient that the warrant has been issued by a Court.
If police attend during a bailiffs visit, it will normally be to prevent a breach of the peace.
If a bailiff acting legally is being obstructed, threatened, or physically assaulted, then the police attendance may result in criminal charges being brought against the person or persons responsible.
The police have the legal powers to enter a premises without a warrant, if it is to prevent a breach of the peace.
A controlled goods agreement means that you have agreed with the enforcement agent on a form of payment, and that instead of removing goods (because you cannot make full payment immediately), they will be listed, and remain in your home or business premises.
If you default in your payment arrangement, the agent can re-visit and take those goods for sale at auction. This will add at least an additional £110 to the debt.
Items listed in a controlled goods agreement are subject to rules set by the Court. If you damage, sell, give away, or move the items from your property without legal cause, you, or any other person doing so, could be arrested and jailed.
Usually, Yes you can.
However, you will still be liable for any enforcement fees, which will be payable to us. We are legally allowed to recover any outstanding enforcement fee balance.
If you have nothing for a bailiff to remove, and either cannot or will not pay, then they may refer you back to your original creditor. Your creditor may take you to Court and bankrupt you.
If you are the new occupier of an address, and have received a letter from us addressed to a previous or unknown occupier of your premises, please contact us, and/or follow the instructions on our "contact us" page.
This is to stop any unnecessary and inappropriate action from taking place.
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Beware of scams involving bogus bailiffs - visit the HM Government website for advice at:
https://www.gov.uk/government/news/guidance-on-bailiff-and-enforcement-officer-scam
Customer Service, PO Box 1367, Blackpool, FY1 9NH