Can I Stop Bailiff Action On My Company

Can I stop Bailiff Action on my company?

Bailiffs are enforcement agents who visit your home or company in demand of any unpaid creditor debts (county court judgements). It can be stressful and is most certainly not an inviting visit. You want to avoid it at all costs, by repaying the debt or creating a payment arrangement, suitable to your terms.

So… to stop bailiff action the best advice is to negotiate a payment arrangement for the both of your needs. It is only then, if you miss a payment on these agreed terms, that the court order a warrant of control to allow bailiffs to remove goods if you cannot pay.

You can apply for suspension of a warrant of control (as you are given 7 days notice of their visiting), by filing a N245 form out, handing to the court with a fee. The court cannot refuse the application, it must be reviewed. However, you should be aware that even after you’ve applied for suspension, bailiffs can still visit, up until suspension is granted. Creditors are sent the application and they must agree to the terms within or negotiate.

Rules regarding stopping action?

• Bailiffs are only able to enter between the hours of 6am and 9pm
• You are entitled to sort out the debts over the phone or by keeping the bailiff outside, rather than allowing them to enter
• Ensure all doors and windows are closed to allow no unlocked access
• Certain rules apply if you are disabled, ill, under 18 years of age, over 65 years of age, have children, are mentally ill, fail to interpret English or have been in a recent bereavement of unemployed
• Firstly, check the bailiff has proof of ID and proof of why they are visiting. If you are suspicious they are debt collectors instead, then you have every right to ask them to leave and they must oblige, as they have alternative powers
• Any proof letters and badges must be sent through the letterboxes
• Only Is it for unpaid magistrates court fines and tax debts, that forced entry is allowed

Restructuring Debts to Avoid Bailiff Action

If a creditor is resorting to bailiff action then obviously they have tried all other avenues to collect the debt.  What if the debt itself is compromised?  A Company Voluntary Arrangement (CVA) can write off up to 70% of the company’s debt if 75% by value of the creditors agree who vote at the creditors meeting.  So, if the business is viable with a smaller debt it is worth looking at this option as it can stop any action being taken against the pre CVA debt.

You can negotiate with bailiffs over your payment terms, hence prevent them or delay their action.

Contact us for more information, where we can provide advice and assistance regarding your debts being chased.