Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    Default Bailiff for Business Rates Coming back Tomorrow!!

    Help!

    My mom has just had a bailifficon from CCS Enforcement Services LTD call at her house for £420.59 business rates from an old property 2005/2006 and has refused to accept a payment of £50 a month or anything higher, told them to put their dog away or he would get the dog warden to take her away and also said he would back tomorrow to break down the door change the locks and take their furniture.

    My mother has rang his supervisor who said any plan must be offered to the bailifficon himself, the council have also declined any payment offer and everyone is referring her back to the bailifficon who is refusing to accept anything apart from the full amount as apparently the debt is so old??

    The bailiff also refused to show any ID or licence/licence number and said my mother was using threatening behaviour in asking for this?

    She is very worried as they cannot afford the full amount, and he is not accepting ANY OFFER WHATSOEVER!

    What should she do??

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  2. #2
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    Default Re: Bailiff for Business Rates Coming back Tomorrow!!

    First of all your mum does not have to let this bailifficon in. he cannot break in and cannot have her dog taken away unless he has attacked the bailiff, but even then he has to have reported it to the police. This bailiff cannot break in or use a locksmith etc unless your mum has signed a walking possession order, or the bailiff's has done a levy on items.
    bailiffsicon dont often, in my opinion take the first offer you make especially if its going to be paid over a period of 3 to 6 months, or more some do though but I think most agree in here is a rarity.
    The bailiff by law has to show his ID, certificate and any paper work with regards to the outstanding debt. If he dosnt then how do you know he is who he is and that he is certified to carry out this kind of work.

    I would send into the bailiff company what you can afford spreading out the payments over the allotted amount of time that it will take to pay off this debt.. send this by recorded delivery. I suggest not phoning them as this is a waste of time.. Place a complaint in writing to the bailiff company and the council with regards to this bailiffsicon conduct to wards your mother. Also make sure his charges are legal and the amounts he can legally charge are;

    1st visit if no levy is made is £24.00
    2nd visit £18.50

    he can only charge for two visits.
    Im sure some one will come along shortly with added valuable info that I have missed


  3. #3
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    Default Re: Bailiff for Business Rates Coming back Tomorrow!!

    Did your mum let him into the house? If not, she mustn't. keep all windows and doors closed and locked.
    Someone with more experience of business rates and bailiffsicon should be along later to offer advice. Above all, don't panic - the bailifficon is out of order and shouldn't be behaving like this. The council - and your MP - should be made aware.


  4. #4
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    Default Re: Bailiff for Business Rates Coming back Tomorrow!!

    If your Mum has his name, she needs to report him to the certifying court. if she hasn't, she needs to get his name from CCS - and report him to the certifying court.

    She also needs to go down to the council office on Monday and make a complaint at the highest level about the actions of this bailifficon - the council may fob her off and say it is nothing to do with her, but the council DOES have a responsibility for the bailiffsicon it employs.

    All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

  5. #5
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    Default Re: Bailiff for Business Rates Coming back Tomorrow!!

    I have now checked the bailifficon for you and can confirm that he was certificatedicon last July at Redditch county courticon. In this particuar that is good.

    The bailifficon CANNOT threaten you as he has done. What he has said to you is utter nonsence and if this continues, you can make a complaint to Redditch Court and the judge will decide whether he should be brought before the court to hear the complaint.

    The bailiff will say that he has a warrant that entitles him to come into your home. This is partly true. If allows him only to enter "peacefully". This means that he can enter through an open door or window or be invited in. I would NOT advise this.

    The bailiff is entitled by law to charge £24 for the first visit and £18.50 for the second visit. He CANNOT charge for a van fee UNLESS he has PREVIOUSLY been into your home and "levied" on your goods. He has not done that and therefore the fees as stated are all that can be charged.

    If there is a vehicle that is owned by your mother...be careful as he can levy on that without coming into the home. I would advise moving the car.

    He is not under an obligation to accept the amount offered and he will try to object. In particular that he will not earn any money from you.

    For this reason I would suggest that a letter is sent to the company immediately, stating clearly that you are considering taking a formal complaint to the court, firstly about the threatening manner of the first visit and his refusal to accept a reasonable offer of payment. In your letter you should again offer £ 50 per month and enclosed the first payment. You should also say in the letter that you will NOT allow the bailiff entry into your home and that you are aware of your rights.

    Any letter MUST be copied to the council as well and should be sent by register post. Remember to keep a copy.

    If you want assistance in writing a letter let me know.


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    Default Re: Bailiff for Business Rates Coming back Tomorrow!!

    I can't believe what scumbags some bailffs are! How dare he say he'll take her dog! Glad you've got Tomtubby on your side Good luck.



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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE