In what circumstances can a bailiff apply for forced entry?

[agnesll]

Help needed please.

A bailiff called to the house on Friday, but I wasn't home. No notice of the visit had been received. They said they may apply to the court for permission to enter by force and I wanted to know if they can do this.

The debt is my overdraft (around £3000+ with charges) from my old bank. It's from a few years ago but not statute barred. I've been in touch with the debt collection agency before, around May/June, as they sent something about court action as I believe there's a CCJ now. I was in breathing space (govt debris relief initiative) at that time so they agreed to give me some space though they were not listed in the breathing space.

If that makes sense.

I owe other people far more money than them (one company allowed me to pay £4.00 per month for a much larger debt), I'm afraid, and have nothing for them to take. I'm a newly single parent going through divorce and I'm in dreadful debt I'm afraid. I had to borrow money for groceries last month.

If anyone could offer advice as this debt collection company has been really quite awful and I'm under a lot of stress.

You need to contact step change or similar.

Contact Citizens Advice. When I worked for them we had a much higher success rate negotiating over debt than individuals.

Thank you. I'm already in contact with step change. I can't afford anything at all at present. I've just checked and it's bumped up from 3,400 to 4,300! Im even considering bankruptcy. I'm afraid my husband left me in a financial mess, and I have relatives helping out financially relating to the children.

My pressing concern is that the bailiff (HMCTS bailiff) says they may obtain permission from a district judge, under CPR 84, to force entry to the property. They cannot do that can they as it's not a criminal fine, inland revenue etc?

Whatever you do do not let them enter your home with your permission. Not even a toe over the threshold.

Are they HMCTS employed bailiffs or from a private company?

Has the judgement been transferred to the High Court for enforcement?

A bit to get you started here:

https://www.citizensadvice.org.uk/debt-and-money/action-your-creditor-can-take/bailiffs/stopping-bailiffs/dealing-with-a-letter-saying-bailiffs-will-visit/

https://www.gov.uk/your-rights-bailiffs

I'm not convinced that getting authority to force entry is as simple as is being suggested but it's a complex area and not one I know in detail.

Don't let them in when they come round. When I worked at CAB we had reports of some sneaky bugger bailiffs asking to use the loo and that's how they got in! 🤬 Talk to them through the door and take down the name of the bailiff and the date/time they came round. If they're coming round early doors or late at night every day you could be looking at harrassment. As PP have said either CAB or step change get them to draft a financial statement to prove you don't have funds. They should work out a reasonable payment plan with you.

They cannot force entry for overdraft debt. They're trying it on. Keep your doors locked, do not let them inside and if you have a car, park it round the corner or on a neighbour's driveway. If stepchange haven't already offered it, ask them for Breathing Space which will give you 60 days without creditor contact to get a plan sorted

Sorry to ask OP, I know you're in a difficult space right now. You said you previously had breathing space? This is normally to give you time to negotiate a plan with your creditors, was this one not included for some reason?