Council Tac Bailiffs - Help

[smithy24b]

Hi

Hoping someone can offer me some advice, as I'm feeling rather stressed out and unsure of my rights at the moment! - Bit long winded, so bear with me!

My council tax bill was passed over to the bailiffs in October. We came to an arrangement with them, where we would make 9 monthly payments of £100, due on 30th of each month, starting on 30th November, which I did. We missed the December payment, very stupidy, due to the time of year etc, but in mid January we made 2 payments (had to be there quickly, so were advised to send £200 special del, which we did). Now, the bailiffs left a voicemail on my partner's phone yesterday while we were at work saying that they were outside out property with a removal van, and that we had to contact them asap!

Contacted the bailiff, who said that because we had missed a payment, our agreement had been cancelled.

Rang the office, and they said that that was the case, out agreement had been cancelled, as they had only received £170!! - There was DEFINITELY £200 in the envelope when we sent it ** My partner has lost the receipt from the post office, but we know that they received the letter, as they are claiming they received £170 - It is out word against theirs**.

So from a £900 we have paid off £270 so far, leaving £630 that we owe. However, they are saying that all they will accept is the full amount, which they are saying is over £800, or 3 payments of £270, which means that the total to pay off is still £810! The girl I spoke to at their head office was very rude and patronising, refused to come to a fair agreement, and refused to put my call through to anyone higher who could clarify the situation.

Can someone please advise me whether they can do this?

Thanks.

[tomtubby]

This is the same query that our office are dealing with every single day.

Because of Christmas many people missed the December payment and tried to do catch up. Bailiffs have enjoyed a great few weeks with these so called "cancelled arrangements" or "broken agreement". This is a way of making HUGE sums of money for the bailiff as it gives tem the right to charge an "attending to remove" fee.

Befaore being able to advise properly, can you tell me by PRIVATE MESSAGE only thr name of the bailiff and the company he works for.

Also has a bailiff ever been into your home ?

Have you signed a Walking Possession. ?

Are you receiving benefits?

Once I have heard further from you I can respond.

[chris600uk]

Originally Posted by smithy24b

There was DEFINITELY £200 in the envelope when we sent it

:oDo you mean you actually put cash in the post? The folding stuff?

Whatever you do, don't do that again.


You have acted out of panic because of the behaviour of the bailiff.

That is normal, and it's what the bailiffs count on.

When panic sets in, you stop thinking rationally and become vulnerable.

Now what you must do is find any paperwork you have ever recieved in connection with this debt, answer all of tt's questions especially the one about the bailiffs name.

Then you can start taking control of the situation.

[smithy24b]

I know, was incredibly stupid, but were told that was the only way to get the payment there on time and prevent further action!

[chris600uk]

No, you weren't stupid, you were rendered unable to think clearly by panic.
Like any predator, bailiffs recognise panic as their signal to go for the kill.

Stress reduces your ability to process information; that's why we train soldiers, because under stress humans don't work properly.

Once you have the information you need to deal with this situation, you will feel more in control and your stress levels will be reduced.
When you are in control, that will become clear to the bailiff by the things you say and do, and they will be a lot less confident in their dealings with you.

It's not rocket science, just the dark side of human nature at work.

[10110001]

Originally Posted by smithy24b

We came to an arrangement with them, where we would make 9 monthly payments of £100, due on 30th of each month, starting on 30th November, which I did. We missed the December payment, very stupidy, due to the time of year etc, but in mid January we made 2 payments (had to be there quickly, so were advised to send £200 special del, which we did). Now, the bailiffs left a voicemail...

Is there a liability order, - and were you informed of the application at the magistrates court beforehand?

if no or no then the council has not followed legislation. Its Section 34 of the Council Tax (Administrations and Enforcements) Regulations 1992 and you must tell the council what you are prepared to pay. If the council does not cooperate then file a complaint of misfeasance with the Local Government Ombudsman.

Do not contact the bailiff and if they contact you you must say the matter is with the Local Government Ombudsman & and ask them to leave. Speak to them through a window.

[scardycat]

hi
hope some one can help!
I have just recived a removals notice for a baliff today saying that he will be back at the weekend with a van and a lock smith. A Bailiff has not gained peacefull entry, can he braeke in wen i am out? and cauld he say he has gained access and breake in?

[10110001]

Originally Posted by scardycat

hi
hope some one can help!
I have just recived a removals notice for a baliff today saying that he will be back at the weekend with a van and a lock smith.

Make a copy of the note and contact police straight away. This is threatening behaviour and is a criminal offence.

Originally Posted by scardycat

A Bailiff has not gained peacefull entry, can he braeke in wen i am out?

No, its breaking & entering and thats another criminal offence, contact police.

Originally Posted by scardycat

and cauld he say he has gained access and breake in?

No, otherwise the bailiff would be of dishonest character and thus unfit to operate as a bailiff. You can file a complaint against his fitness to hold a bailiffs certificate.

[scardycat]

thanks,
one more question?

If my girl friend gets caught out wen I at work and she lets him in, What can he do?

[tomtubby]

Has the bailiff ever been into your home and have you signed a walking possession ?

[10110001]

He can levy on your goods. Keep windows and doors secured at all times until this matter is resolved.

Only if you have to, speak to the bailiff only though the letterbox or an upstairs window then ask him to leave. DO NOT open the door to him.

If you become frightened or imtimidated call police and ask them to accompany the bailiff(s) to a safe distance of 100 metres away from your property before you open a door.

[scardycat]

thank you so much i can sleep tonight

[scardycat]

No he has never done a signed walking agreedment