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.
My partner knows a fair amount of Council Tax from years before I even knew him, the debt is currently with Equita and I have been paying them £5 a week which they have told me they will accept. However, for the past 3 weeks just before the weekend we have been getting letters aying the bailiffs are coming round to remove goods that weekend. So far they havent been but I'm really worried. My partner has siad not to let them in etc but the letters that have been sent basically suggest that they'll come in regardless of whether anyone id there or not. The vast majority of stuff in the house is mine but on previous discussion with the bailiff have been told that unless i have reciepts of bank statement showing them being purchased they have every right to take them. is this correct? it doesnt seem fair these are items i bought when i was still in my early teens, how can anyone expect me to have a reciept. also why should they take my stuff for a debt that was accrued by my partner when i was still in high school.
The other thing, as they have cashed the cheques i sent and in my letter i stated these were being sent as a proposed payment plan, can they still send the bailiffs round, or does this not hold any ground with them.
I'm really worried, if it was my debt then then i would have to accept responsibility, but my partner seems really complacent about it while i'm getting all the stress.
the letters that have been sent basically suggest that they'll come in regardless of whether anyone id there or not.
Unless you have previously allowed the bailiffs into the house and signed a Walking Possession Agreement on which is listed items that they will later remove if you don't pay- they have no right of entry
previous discussion with the bailiff have been told that unless i have reciepts of bank statement showing them being purchased they have every right to take them. is this correct? it doesnt seem fair
Well unless you let 'em in, or have signed a WPA, and the items are listed on the WPA, no.
However, if you do let 'em in, they do have the right to presume that goods on the debtors premises belong to the debtor unless there is some evidence to the contrary.
Items that obviously pre-date the time you have been with the debtor would be school items.
Otherwise I suppose you could list them and make a statutory declaration that certain items in your household are not jointly owned.
Having any kind of a discussion with any bailiff is not a good idea, you have no way of proving what was or wasn't agreed, and bailiffs routinely tell porkies.
You should, wherever possible only communicate in writing, send by recorded delivery
They can send the bailiffs round as many times as they like, if they don't get in the bailiff firm can only charge you a maximum of £42.50 for visiting the house, and then only if the bailiff has a valid certificate, which many don't.
I'm really worried, if it was my debt then then i would have to accept responsibility, but my partner seems really complacent about it while i'm getting all the stress.
That's not fair, you are clearly distressed by all this - I know how bad it can get, I've been through it with the bailiffs.
You must try to relax a bit. I don't yet know enough about your problem to say any more, but you may be able to go on the attack and make the bailiffs either accept your payment scheme and leave you alone;
Or, force the council to take the account back, it all depends on the facts.
Most importantly, Dont speak to them on the phone, Don't let them in, Don't acknowledge their existence if or when they knock on the door, no matter what they do. Don't leave any other doors or windows open, because they can enter that way legally.
They may call very early, or very late - typically 8 - 8, but you never know.
But they are not legally allowed to break in if they have not previously gained what is called "Peaceful Entry".
Thanks Chris, I've been paying them since about November - however my partner has about 8 different accounts - I stated in my communication my payment was to jointly cover them all but they dont seem to have listened hence why they keep threatening to come round. I'm not excatly sure what is owed, probably about £3k. They've also claimed on one occassion they have sent a bailiff round when i know for a fact they havent!
If they were to get in what kinds of things will they be looking to take? Would they take items like CD's etc? I've got literally thousands of them and am seriously considering moving them back to my parents so they're safe!
The other thing, my partner contacted someone off here (i'm not sure who) to check if said bailiff is actually certified by equita and according to this person they are certified by a completely different company. He's treid speaking to the council who just seem to think equita are wonderful and would do nothing wrong!!
Try to remember that they don't actually want to take anything, it's a threat to get you to pay what they say, or to agree to anything they say at the time.
Their principle target will be the car or cars outside, for instance we've got a bug hot off the press, so my bailiff ignored it cos he either knew it would be on HP or he'd done a check.
They can't take property that is on HP, hired /leased, or belongs to someone not listed on their warrant/liability order.
They can't take childrens items etc. There are quite a few websites that explain it better than I could. Bailiffadviceonline, National debtline, or the CAB just to name a few.
my partner contacted someone off here (i'm not sure who) to check if said bailiff is actually certified by equita and according to this person they are certified by a completely different company. He's treid speaking to the council who just seem to think equita are wonderful and would do nothing wrong!!
Of course the council think he's wonderful, someone high up gets a lot of perks from dealing with that company, so the lower staff are trained to like them. They don't want anyone rocking the boat, especially a naughty debtor that won't pay the council tax, that won't do at all
Equita - Council Tax
are coming round to remove goods that weekend. So far they havent been but I'm really worried. My partner has siad not to let them in etc but the letters that have been sent basically suggest that they'll come in regardless of whether anyone id there or not. The vast majority of stuff in the house is mine but on previous discussion with the bailiff
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Re: Equita - Council Tax
Originally Posted by chris600uk
, well, in my defence she-who-must-be-obeyed was in a hurry to go out, so I answered a little more forthrightly than normal.
