When can bailiffs force entry?

Recently a person received a letter from court baliffs threatning to force entry into a property, regardless if the person was present or not. The bailiff had not previously gained entry into the property and no levy had been made on any goods.

The letter said:

I will request from the District Judge permission to gain entry into your premises (IN YOUR ABSENSE IF NECESSARY) to remove goods in accordance with court rules

The person sought help regarding the letter and was informed that the bailiff was acting unlawfully.

There are only certain conditions that allow bailiffs to force entry into a property

If a bailiff has previously had access or prevented from re-entering a property
A Tax collector with a warrant from a Magistrates court
Courts permission for commercial properties where there is no living accommodation
High Court Enforcement Officer (HCEO) trying to levy goods at a commerical property
HCEO when goods have been moved to a third premises to prevent execution
Magistrates court warrants for unpaid fines
Where entry was gained from a different property and made a levy and are now following the goods

The person was advised to write to the court quoting the letter and ask under what circumstances the bailiff was allowed to force entry? The response was that neither the court nor the bailiff would use the letter again.

If you have received a similar sounding letter then I would encourage you to contact Payplan or your local Citizens Advice Bureau (CAB).

Filed Under Budgeting | Trackback | 3 Comments

How The Debt Collector Thinks

broke

Or, how Simon Bell, tele-business trainer and associate of Windsor CME thinks according to Credit Today.

According to Mr Bell, its not who an agent talks to when calling to collect debt, it’s more how they talk to you.

Apparently the “Psychology of the call” is what makes the difference as to whether they can get a payment from a debtor or not. There are 5 rules in call centres according to Mr Bell:

1: The Agent should control the conversation
2: Win permission to ask questions by using vague language
3: Gain valuable information by building rapport
4: Manage the conversation; bring the debtor round to their way of thinking
5: Use psychology to catch the debtor off-guard to get a promise of payment

These rules might suit someone who can pay their debts but refuse to, however, these rules are not suitable for people in real situations who want to pay their debt’s but find themselves in a position where they are not able, or not able at least to pay the agreed monthly amounts.

To instil in an Agent that they need to use psychology to get a payment from a debtor is ridiculous, and if it doe’s work, then it is totally deceptive and unfair.

Debtors for years have been complaining how debt collectors treat them, and to trick a debtor to commit to an unrealistic payment (which is more often the case) only puts more strain on the debtor.

It is fair to say that the DCA are wanting payments owed on account’s, but more often than not DCA do not look at the whole picture. They will talk to you regarding the monies you owe them, but will not consider monies you owe elsewhere. This more often than not causes problems for the debtor.

Debtors often make the mistake of falling under the pressure of the DCA and making payments to them and in return do not pay their priority payments such as rent, council tax, utility bills as well as leaving themselves with enough money to put food on the table.

Not all debtors are won’t pay’s. The large percentage are those who are trying to find a solution to repay their debt’s, and to have creditors on the phone using unfair tactic’s to get people to pay what they can’t afford is not helping people to resolve their financial position.

So, here are the rules for those who receive these calls in their homes:

1: Read this
2: Don’t make any promises over the phone to creditors that you know you can’t afford.

These are very basic guidelines to follow. Infact, you don’t have to do this yourself, Payplan’s debt management company can do this for you at no charge.

Being in debt is not a crime, it happens to thousands of people every year for a number of reasons. Do not be fooled into paying more to a creditor than you can realistically afford.

Filed Under Budgeting, Debt News | Trackback | Leave a Comment

RBS To Add Credit Card Charges

The Royal Bank of Scotland have said that they will be adding £12 charges to credit cards if customers if they fail to inform RBS of a change of address!

Customers have 30-60 days to inform RBS of a change of address or a charge will be applied for traceing costs.

As well as this affecting RBS customers, credit card holders of Natwest and Mint will also be affected.

The bank have also announced that cash advances, betting and gift vouchers will also incur higher interest rates.

Filed Under Budgeting, Debt News | Trackback | Leave a Comment