On some occasions, it is essential that an individual opens a new bank account which they can get their wages paid into. The reason this is essential is, if you have outstanding credit owed to the bank your wages are paid into, they have the ability to access any monies available. Opening a new bank account will, as a result, create a safe haven for your money.
A lot of people in debt have poor credit ratings, so we have enclosed a list of bank accounts that are available for people in this position. To open a bank account with any of these basic accounts, you would normally need two forms of ID: one to be used as a photo ID (drivers licence or passport), and one to be used as proof of address (utility bills). If you have any questions or problems you can always speak to one of our expert advisers on 0161 786 0910.
What is a Charging Order?
How does it do that?
When can a creditor apply for a Charging Order™?
- Failed to pay the amount of the judgment when it was due; or
- Failed to pay one or more installments due under the terms of the judgment.
Can I oppose the order?
What will happen at the hearing at which the judge considers whether or not to make a final charging order?
If the creditor’s application is successful, any fees the creditor has incurred may be added to the debt and payable by you. You would be notified regarding this.
Can my home be taken from me?
Bailiffs and Debt Collectors
When bailiffs may be used
If you don’t make the payments ordered by the court, your creditor can ask the court to issue a ‘warrant of execution’. This means that county court bailiffs may be called in to help recover the debt. We can ask the court to suspend the warrant.
If you owe tax to the HM Revenue & Customs (HMRC), or Council Tax to your local authority, they may send private bailiffs to recover the debt.
If you have a magistrates court fine that you have not paid, the court can use private bailiffs to try to recover the money you owe.
If you have been issued with a parking penalty charge in the county court, the local authority can use private bailiffs to try to recover the money you owe.
Debt collectors aren’t court officials and don’t have the same powers as bailiffs. They can’t enter your home or seize your possessions. They can only write, phone, or visit your home to talk to you about the debt and how to pay it back.
Creditors and debt collectors must follow OFT (Office of Fair Trading) debt collection guidance.
How to avoid being visited by county court bailiffs
If your offer is accepted, the warrant will be suspended as long as you keep up to date with the agreed payments.
What bailiffs can and can’t do
By law they should not force entry by pushing past you once you have opened the door to them, or leaving their foot in the door to prevent you closing it. But if they have entered the property before this could happen.
Bailiffs recovering unpaid magistrates’ court fines, however, do have the power to force entry, but this is always a last resort. Bailiffs trying to recover money you owe to HMRC are allowed to break into your home, providing they have a magistrates’ warrant – but this method is rare and only used as a last resort.
Negotiating with bailiffs
It’s possible that the bailiff’s fee and expenses for each extra visit will be added to the debt you owe, depending on the circumstances.
What can a bailiff take?
They can take non-essential items such as your television, and also possessions outside your home (for example, your car or garden equipment).