
First, look at what bailiff enforcement, debt relief orders, and bankruptcy mean. If you do not clear your debts, such as county court, high court, family court judgments, council tax bills, parking fines, court fines, or something similar, a bailiff (an “enforcement agent”) may visit your home. This will occur if you disregard letters warning that bailiffs will be employed. A manager, overseer, or custodian granted some power or jurisdiction is referred to as a bailiff. Bailiffs come in many forms, and their responsibilities and offices range widely.
Simply put, a bailiff’s job is to reclaim your property once you have fallen behind on a payment plan. Your parcel will then be auctioned to recover the money you owe. Bailiffs will attempt to reclaim your possessions amicably, but in some cases, they may need to break down your door. Also, they might be able to execute some arrest warrants and reclaim your residence.
What is Debt Relief Order?
If you are unable to deliver payments on your debts, you can manage them with a debt relief order (DRO). A DRO suspends your debt repayments and interest payments for a predetermined amount of time, usually 12 months. After this period, if things do not get better financially, your debts will be forgiven. Free debt advice can assist a person in dealing with debt.
If a DRO is granted, you must continue to pay regular household expenses such as rent, council tax, and utility bills. If you incur additional debt after receiving a DRO, you may be forced to file for bankruptcy or face legal action if you fail to notify your creditor of the DRO.
When we talk about bankruptcy, we refer to both the state of being bankrupt and the person or entity that has been legally determined to be unable to pay its debts.
So, now one can easily understand the importance of bailiff advice. The courts are not involved in DROs. They are created through a collaboration between the insolvency service and the one which gives free debt advice, which will assist you in applying to the insolvency service for a debt relief order. Free bailiff advice can be highly beneficial to an individual. The importance of free bailiff advice can be understood from the below points.
Below given are some best alternatives to bailiff enforcement:
- A debt relief order will not prevent bailiffs or ‘enforcement agents’ from seizing and selling your belongings. So, you must keep paying the debt to keep your possessions. Depending on your obligation, other types of formal debt solutions may be more appropriate for your situation. These include individual voluntary arrangements (IVAs), administration orders, and bankruptcy.
- An individual voluntary arrangement is a formalized version of the above-mentioned informal/family arrangement. It is generally suitable for people who cannot fully repay their monthly repayments but have some money to give to their creditors each month. Some of your owed debt may be written off if your creditors agree to an individual voluntary arrangement. An individual voluntary agreement is legally binding on you and your creditors, and if you violate its terms, you may be declared bankrupt. An IVA starts with a formal proposal to your creditors to pay off a portion or all your debts. To draught the proposal, you will need the assistance of a licensed insolvency practitioner (IP).
- You could also use a debt management plan (DMP), which is an agreement between you and your creditors to freeze your interest so you can pay off your debts gradually and in a manageable manner. It is not legally binding and is not subject to the jurisdiction of the courts.
- If you know you cannot pay off all your debts, you could consider writing to each of your creditors to see if you can reach a compromise. Include a timeline for when you intend to repay them. The disadvantage of an informal arrangement is that it is not legally binding, so your creditors may disregard it and demand full payment later. Your local Citizens Advice Bureau can advise and assist you in making such an arrangement. This informal agreement is also referred to as a family agreement.
- Individual voluntary arrangements are another option. This is a more formalized variation of the structure described above. An individual voluntary account begins with a formal proposal to your creditors to pay part or all your debts. There is a requirement for an insolvency practitioner’s report to the High Court, so you will need the assistance of an insolvency practitioner. Any agreement you reach with your creditors will be legally binding on them.
- Administration orders are another type. The Enforcement of Judgments Office (EJO) may issue an administration order if one or more of your creditors has obtained a judgment against you.
- Under this order, you will make regular payments to the Enforcement of Judgments Office to pay off what you owe your creditors. Your debts must not exceed £5,000, and you must have enough regular income to make weekly or monthly payments. You are not required to pay a fee for an administration order, but the Enforcement of Judgments Office will deduct a small percentage of the amount you pay to cover its costs. If you do not pay on time, your order may be canceled, and you may be subject to the same restrictions as someone who is bankrupt. If your circumstances change and you cannot pay as ordered, you may apply to the Enforcement of Judgments Office to change the order.