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.
Hi, I was wondering if anyone could offer some advice.
We got into great financial trouble last year and got into trouble with our council tax, can't remember date but a bailiff from Rossendales visited and asked to come in, stupidly i let him in as i thought i had to and i also signed a walking possesion which he wrote 7 things on (he could only see 6 things and just scibbled a seventh saying that it was read by a computer who didn't need to know what it said?). Again stupidy i filled in their form and said we afford to pay £30 per week and never geard nothing else, i then received a letter from the saying if i did not contact them then they were sending a van for my belongings (this was november time last year) i phoned them straight away and they said they would send me a letter to say the accepted this, again i recieved nothing, i made the effort to phone them myself in january this year and they said they had sent the letter out but she would resend it to me, this time i did recieve it and i didnt want to be embarrest taking it to the pay point so i decided to make payments on line, i did this for 5 weeks but £30 per week was proving too much, so i phoned to ask for a lower payment and couldn't get through (i had a baby in october last year and each time i phoned i was on the phone on hold in exess of 20 minutes and just couldn't keep it up. In April a bailiff called but i was out and he posted a final notice saying i had 7 days to clear debt in full, my husband phoned and said we were in the process of selling our house and it would be complete in about 3 weeks when we could pay in full, he said that would be fine, then the same week he came back with a 24hour notice again we phoned him abd he said he had to hand it to the removal team but he would sit on it until the sale went through. Now into May we found rented accomadation and had to leave our house as sale fell through and mortgage company taking it back for repossession, the bailiff knocked on friday and wants all the money (£869) by this coming friday or he is sending the removal team in. i suppose my question is, is there anything left to do or do i have to find the money by friday? (he told us to ask friends and family but this is just not an option)
Any advice will be welcomed.
thank you x
(apoligies if i done or said anything wrong, this is my first time in forum)
You say the bailiff has now arrived. Is this at the new property you are renting or the old one?
If new, did you provide your new address?
Havfe you paid any money at all?
Are you on benefits?
If so, which one.
Can you let me knows by private message only the name of the bailiff who signed the walking possession so that I can search our database to ensure he is certificated.
The bailiff showed up at the new rented address, i didn't give this address directly to rossendales but had to give it to council tax for this years payments.
I've only paid the 5 weeks I'd mentioned @ £30 per week.
The only benefit we get is child tax credit for our two children aged 12 years and 7 months.
(Ps the letter which the bailiff brought on friday didn't mention the items which were written down originally it read and quote "i must now give you 24 hours statutory notice of my intention to recall and remove your effects, sufficient to satisfy the debt and costs.")
You need to contact rossendales immediately and ask them for a copy of any "alledged" walking possession that they are relying upon. In addition can you request from them the name of the bailiff who signed this walking possession.
Hi,
Spoke to rossendales and they are sending me a copy of the original walking possession order, they also said it had nothing to do with them if we could pay by installments any more it was the decision of the van bailiff, and if he agreed then it was fine and he would leave us the payment slips to do so.
Also visit to council tax office was waste of time as they said they couldnt take it back off at this late stage.
Speaking back to rossendales this afternoon to ask to put on hold while i wait to recieve the copy of possession order and also speaking to bailiff to see if he'll accept instalments, (when i pluck up the courage that is!).
Just a quick update, emailed rossendales yesterday and asked for reciept on opening, still no response. In my email i asked them to put account on hold for 14 days until i recieved a copy of walking possession order, i also stated that we were not refusing to pay the debt we just couldnt find the money to pay the full balance by friday, i also said we had our income and expenditure all written out for them and a realistic offer of payment by instalments, i went on to tell them that it was agreeing to pay instalments we couldnt afford that got us into this mess in the first place.
Also today GOT to phone van bailiff to see if he will accept instalments, just couldnt face it yesterday.
The "van bailiff" will be trying to charge you approx: £150-£250 for his attendance. The ONLY way that he will agree is if you sign something. This will very likely be a new Walking Possession. do not sign anything as this will incur you in fees that you cannot afford.
You need to INSIST that you receive a copy of the original WP (If there is one) before any visit should take place as you have grounds to be suspicious of this WP. They MUST by law provide the name of the bailiff who sugned this "alleged " WP.
If the bailff is not certificated then the WP will be invalid and the "van bailiff" cannot attend.