Bailiff - can’t stop crying

[Towybow]

So to start the past year has been stressful
my dog died - he was everything to me and we watched him die over a a week in the most horrible way.

on the day he died the first vet I took him to - who misdiagnosed him, called me about the insurance claim. They put it through and I consented to this. I ended up writing a complaint about their treatment it was horrid. I have a letter where they say they will reduce the treatment to £313 - I had confirmation from my insurance this was already claimed and so I never thought any more of it. I was wrapped up in grief. A month later mum was taken to hospital and she nearly died. She had a life changing injury and whilst she was in hospital I was dealing with some matters whucg turned out she had very bad mental health. She then suffered delirium for 4 weeks and as her only child and with family it did fall on me to visit each day on my own. I have a dd who also has her own struggles. She has severe asthma and we are both on pathway for adhd.
my mum was not in the best place when she came round and sadly I bore the brunt of it if there were days she struggled. There were days I wanted to just off myself. But I never would cos of my daughter.

in November I was out on a 2 week pathway for cancer whucg we still haven’t got to the bottom Of but a barium swallow was clear.

in March I sought treatment for my mental health as I have been really struggling I’m on medication now which has been hard.
I do struggle daily and have been to the doctors with 4th bout of bronchitis and still really suffering with a anxiwty and depression.

in March I started breathing space and working wit step change as my finances have got completely out of hand. Largely cos I forget and every day I’m fighting to just keep afloat I feel all alone in this world.
I had a letter from a solicitor about this debt, I was going to call the insurers and ask why not paid when I did they said I didn’t confirm it to be paid at the time. I didn’t have the energy to fight this because to be honest I just don’t know what’s happened. So I added it to my debts to be included in the debt management plan thinking I’ll just pay it because I don’t have the energy to fight it. It sounds stupid. It even speaking to people at the minute is a big hurdle. - oh in between all of this iv had to move my DD’s school because of how much she was struggling. She also is having difficulties in seeing her dad. -

so today a bailiff comes and says he’s collecting my items in 5 days - he says I’m to email breathing space and wouldn’t talk anymore - the letter says he’s coming in 5 days and will take my stuff and if that doesn’t cover the hill, which is now £2200 they will apply to make my bankrupt. Part of me doesn’t even care what they take now but I am scared of a man coming in and my daughter seeing that. I have previously experienced dv and I’m scared. Since he came in been crying and I can’t stop crying.
step change say to apply for a stay of execution but every where is shut. I can’t focus to add more inowed my mum some money from when my dog died and having to seek another vet opinion and from him being out to sleep and so she is taking a sleeve chunk of my wages each month I can’t even get through the melnth

I feel so tired and I don’t even know where to start
I want to seek support for my mental health but I’m scared as I work in a helping profession and if they think my mental health is bad they may tell my employer? I’m not sure I do feel at crisis though but I just don’t know what to di about any of it. Sorry for long post

You need to get to the bottom of the vets bill by the sounds of it - who did what and when, has the insurance paid out, what was owed - call the insurance company first and speak to the claims department

If you are paying for your medication have you checked if you qualify for free prescriptions? Also it might be worth you buying a pre prescription plan and then it may work out cheaper?

https://www.nhsbsa.nhs.uk/help-nhs-prescription-costs/nhs-prescription-prepayment-certificate-ppc

sorry i can’t be of more help

Debt adviser here, there’s some advice on here that is more opinion than law. It’s possible that the bailiffs weren’t listed on the Breathing Space application by StepChange. I’ve sent you a PM.

The bailiff has a warrant of control for a ccj - this in itself isn’t a court order just a document that permits him to collect the ccj on the claimants behalf. It’s nothing special and doesn’t give him magical powers. He can’t break into your home for a civil debt so, if you don’t let him in and don’t sign any paperwork he gives you (will likely be a list of your belongings he’s “seized” in order to come back at a later date and take if you don’t pay what they want) - in reality they don’t want belongings as they rarely make enough at auction to cover the debt and the bailiffs and auction costs, they want to use it as leverage against you for getting cash to settle firstly their fees and then pay money to the claimant.

Keep doors and windows locks and keep your car away from your property (preferably on a neighbours drive or other private land such as a pub car park - only with landlords permission) or, if you have a blue badge you can put in the car do that as it stops the bailiffs seizing or clamping your car. Do not engage with the bailiff as they just want to scare you into paying them.

You need to go back to the claimant and explain you’re in breathing space and that their bailiff isn’t honouring it and to call their attack dogs off. Send a copy of any official breathing space documents to the claimant and the bailiff
company and, as others have said, contact step change and tell them the bailiff isn’t complying with the breathing space agreement.

There’s a Facebook group that’s great for advice on bailiffs. Have a look.
DO NOT answer the door, pretend you’re not in. they can’t force entry and generally after 3 attempts they pass the debt back to the original creditor with all their fees removed.
it’s rare for them to have a warrant allowing them to gain entry so you don’t need to worry about that. Debt is horrible. Call stepchange on Monday and take it from there.

Thanks all

I have written to the bailiff and sent them
evidence of my health conditions and my daughter. I have asked them to tell me what date they want to come and take the items and asked them
to tell me
so that I can ensure my daughter is cared for elsewhere.

I have written to vets and explained I didn’t know about this and sent tgem
evidenxe that I thought the insurance had been paid as had an email
sayimg it had.

will call insurance today.

breathing space ended today does anyone know if they can return the case to where it was when my breathing space started or if they will
refuse to do this? I genuinely thought it was on hold for July’s I dealt with debts and that was still with the solicitor

step change advise was that I should speak to cab about getting a sty of execution to give me more time . I can’t afford this.

indont even care about bankruptcy or anything anymore I feel like they can do what they like to me. I just don’t want a strange man in my home with me and my daughter r

Do they really?

No not if they already have a court order. Unless it’s for council tax. If it’s a CCJ already then this is unlikely but please do look up the group. They have lots of very good advice and can look at the actual paperwork you have. Lots of people guessing on here.

Is it just the vet bill or other debts? If the vet bill then are there details on what the bailiff left you saying how you contest the order- because unless the rest of the money is interest then it sounds like you might not owe it. In your position I’d be calling the vet, the insurance company (who were meant to pay) and also writing your message to the court in a letter to explain that you’re applying to set aside the order because (a) you don’t owe the money anyway (because the vet wrote most of it off), and (b) the insurance company should have paid. You might also have legal cover under your insurance policy. If the bailiff is instructed in relation to other debts this won’t apply.

It sounds like you’ve had a horrible time but honestly you’ve got to pull yourself out and get on with trying to contest this. No one else is going to do it for you. Even if they do come in and take some stuff it won’t be the end of it if the debt isn’t paid off. I agree with contacting step change and following their advice, they can support you through the process but if you want to protect your DD you need to get on to this and try to avoid getting a horrific credit rating- this might be your last chance to get it sorted out. Also agree with going to a GP and trying to get them to help if you feel that some meds might help with your mood/ motivation.

Im
on meds

I will call insurance today

ita only this debt

I was going to say this too - I can't believe your mum is taking a chunk of your pay every month knowing you have bailiffs at your door.

shes in an unplanned desperate situation too

Two things have stood out from what you’ve said.

I have a letter where they say they will reduce the treatment to £313 - I had confirmation from my insurance this was already claimed and so I never thought any more of it

If this is the case, do you owe the money at all? If the fee was £313 and the insurance paid it, that’s it sorted isn’t it? Or is it that the insurance overpaid before the reduced fee agreement and they now think you owe the difference in overpayment?

she is taking a sleeve chunk of my wages each month I can’t even get through the melnth

After all the support you gave your mum, she is taking so much from your wages that you can’t afford to make it through the month and now have bailiffs?! That’s awful! I would definitely look to reduce or pause those payments to your mum.

If your main concern is having someone come round when your daughter is there then I think what you've asked for is reasonable. She has an xbox so she's school age? So perhaps ask them to come during school hours.

The Baliffs won’t be back till Tuesday at least. They dont work over weekends.

Dont open the door to them. Close your windows.

Get back in touch with step change

How much does she take each month? Quite honestly you are in a very bad situation and you have your daughter think about. You need to stop giving your mum money and focus on your daughter, she’s more important.

I've missed the bit where your mum takes money- I can't see that bit but if that's true then you need to stop helping her. They won't be impressed. You owe them money to the extent bailiffs are coming to your door yet you're giving money away?

Also is there any way you can stop the car scheme?

inowed my mum some money from when my dog died and having to seek another vet opinion and from him being out to sleep and so she is taking a sleeve chunk of my wages each month I can’t even get through the melnth

Ah right this. No this isn't the priority debt right now.

shes in an unplanned desperate situation too

Unless she also has bailiffs at her door then her situation isn't as bad as yours. You need to prioritise yourself and your DD here.

I've had this situation op and I had to put it all on a 0 percent credit card. I was lucky I could get that option as my credit rating allowed it but it's honestly so stressful, I feel for you.

I’m not helping her I owe her money and no matter what our relationship is like she will suffer if I don’t pay her

But you are suffering because you’re paying her. Does she also have bailiffs?

Ok but you're suffering and the people you owe money to are the priority debt here. If your mum is struggling then help her find another source of help until you can pay her back. She shouldn't have lent you the money.

This doesn’t sound quite right to me, OP.

Firstly, did you receive any court papers telling you that a claim had been made and giving you time to put in a defence? A solicitor’s letter is insufficient.

If you did receive the claim form, did you then receive a copy of the court order telling you that judgement had been entered in default. This would have told you precisely how much you had to pay and a deadline. Did the bailiff give you a copy of the court order or simply tell you he had one or flashed it briefly at you?

A £300 debt would not be transferred to the High Court as even with the court fee, solicitor’s costs on issue and interest, the judgement sum is likely to be lower than required for transfer.

What I suspect is happening here is that the creditor has instructed private bailiffs to see if they can extract the money from you without starting legal proceedings. This is a fairly common practice.

What I suggest you do is contact your local county court on Monday. Some courts are pretty bad at picking up the phone, so it might be better to go physically to the court office. Tell them what has happened and ask whether there is a judgement against you or whether proceedings have been issued.

Alternatively, and assuming the vet is open today, contact them this morning and ask them to email you a copy of the court order.

No order, no right for anyone to extract money from you.

Good luck!