Debt Collectors, Bailiffs and Court Action

This page explains a little about debt collectors, bailiffs and court action and what we can, and can'’t do, to help.

Debt Collectors

You may find that, if you have fallen behind with your repayments to a debt, that you are contacted by another firm who have been asked to collect the debt. Your creditors are entitled to do this.

Debt collectors can:

  • Contact you by telephone or letter
  • Visit your home, provided that they have given you prior notice
  • Set up a repayment plan with you

They can't:

  • Visit your home without notice or if you ask them not to
  • Enter your property without permission
  • Take any goods from your house
  • Contact you if you have appointed a third party (such as Angel Advance) to act on your behalf
  • Pressurise you to sell property or borrow money to pay the debt
  • Ask you to pay more than you can afford to

Angel Advance is experienced in dealing with debt collectors to agree fair and reasonable repayment plans. Debt collectors will often agree to freeze interest and charges to accounts where they can see that a person is in financial difficulties and has a third party representative acting for them. They will usually direct all contact through us rather than contacting you.

Court Action

Creditors are less likely to take court action if repayments are being made to your debt, so a debt management plan can help in that respect.

Creditors will let you know in advance that they intend to take you to court. If the court action has started it is essential that you do not ignore correspondence. You could make matters worse if you do not send full and correct information, or if you fail to respond to court correspondence within the prescribed time limit. If you fail to respond correctly to court communications:

  • Your debt could increase through fees and charges
  • You could miss the opportunity to agree to repay in instalments and have to pay the full amount
  • You may have a judgement issued against you which could lead to further action such as a charging order, arrestment of earnings or bailiff action

Angel Advance can assist you in filling in the forms to show your financial position and affordability. This can assist in trying to gain an agreement for you to pay the debt in instalments rather than in full.

Bailiffs

Bailiffs are appointed by a court to enforce a judgement (CCJ) which means that they can:

  • Take items from your home to repay the debt such as your TV, games consoles, DVD players or stereos. They cannot take items which are essential such as your washing machine or cooker.
  • Force entry to your property (under certain circumstances)
  • Take your car (under certain circumstances)

Though Angel Advance can deal with bailiffs by attempting to come to a repayment arrangement on your behalf, it is better not to let debts escalate to this stage. It is, therefore, essential that you do not ignore any contact from your creditors or third parties about the debt, but instead provide them with our details and let us know immediately.

If you are on a debt management plan and are making payments regularly, it is unlikely that your creditors would seek to pursue the debt through a court judgement and/or bailiff because they can see that you are trying to repay what you owe. This is why we encourage you to address your debt as soon as possible.