A bailiff is a person who is authorised to collect a debt to the organisation/court/person to who the debt is owed. There are different types of bailiffs and some have more powers than others.
There are different kinds of bailiff - - civilian enforcement officers (CEOs)(employed by the magistrates courts to enforce magistrates's courts orders such as fines) - county court bailiffs (employed by Her Majesty court service to enforce county court judgments) - certificated bailiffs (employed by organisations such as local authorities to levy distress for rent, council tax and road traffic debts) - non-certificated bailiff (can recover money for a variety of debts but not council tax, road traffic debt, county court orders or levy distress for rent) - enforcement officers (employed by the High court to enforce High court orders)
A bailiff must have some legal authority before he/she can collect the debt from you.That authority will be in the form of a warrant, warrant for execution, distress warrant, liability order.Before speaking to a bailiff ask for identification and proof of the authority.If the paperwork the bailiffs have does not relate to you or anyone living in the house then you should give the bailiffs proof of your identity (through the letterbox if you do not want to open the door).
A Statutory Demand is a formal process under the Insolvency Act 1986 for the payment or other satisfaction of a debt that is owed by a debtor to a creditor.The Statutory Demand provide the debtor with a limited amount of time (18 days) to either pay or satisfy the debt or have it set aside by the court.
A statutory demand is a special type of written request from a creditor (someone who is owed money) for payment of a debt. The person or company that receives the demand has 21 days to settle the debt or 18 days to ask the court to set aside (dismiss) the demand. The creditor may present a petition to court for a: - bankruptcy order if after 21 days, a statutory demand claiming the debt which is equal to or exceeds £750; or - winding-up order if, after 21 days, a statutory demand claiming the debt exceeds £750 is not: - paid - secured (an agreement reached for payment), or - set aside
There is no expiry period for a statutory demand. However, under the Limitation Act 1980, a debt must not be more than 6 years old or based on a default judgment more than 6 years old. This period can start to run again from any date the debtor agrees the debt exists and may be extended more than once. You may need legal advice if you think the debt is affected by this time limit.
If you do not deal with a statutory demand within 21 days of receiving it, the creditor will take this as proof that you are unable to pay the debt and can then make you bankrupt.
It is vital that you act quickly when you receive a Statutory Demand if you are to avoid the creditor bankrupting you or applying for a Winding up Petition.
In today's testing economic climate creditors are increasingly resorting to Statutory Demand more quickly than ever before.
Often the use of Statutory Demands is inappropriate and in many cases they can be set aside by the Court. This will prevent a creditor from taking any formal insolvency process against you.
You could try to set aside the statutory demand on one or more of the following grounds.
- You have a claim against the creditor which is equal to or more than the debt. - The debt is secured against property that is worth the same or more than the debt. (Your creditor does not have to accept an offer to secure the debt). - The whole debt or the unsecured part of the debt is below £750. - The debt is disputed and the court believes there are reasonable grounds for dispute.This might include where the creditor has waited too long to pursue the debt, or the debt is regulated under the Consumer Credit Act 1974 and there is no signed agreement. - You may be able to argue that you can apply for a time order under the Consumer Credit Act 1974 instead.