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.
i have had a letter dropped threw the door from a smiths baliffs wanting oustanding CT of £941 + £24.50 fees for last years CT.
I phoned the bailiffs as i have`nt got £966 to be able to pay and i offered to make payments of £100 amonth which the women on the end of the phoned agreed to ,she said she would send out a form for us to show are income and out go`s and then said the bailiff would then come around and speak to us in our house and i said i would no be letting the bailiff in and she in that case you have 7 days to pay the full amount.
I also phoned Plymouth city council and explain my suitation and they said they could not do anything as it was with the bailiff now and then went about arranging paying off this years as we are 2 mts behind with that already.
When i asked they guy at the council office how i could afford to pay £100 amonth for this year and then pay the bailiff he said they will have to take in to account that you are paying this years.
I will not be letting the bailiff into my house on their return and will proberly not even answer the door ,i have read that they will return the debt to the council.
What i need to know is this.
My husband (who name is on the debt) is classed as disabled and has a blue badge and a disabled bay outside our house ,can they take the car away even with him been classed as disabled.
He has a heart problem and also has problems walking ,we are awaiting his war pension and a decision on DLA ,once these are in place we will be in a better position to make larger payments.
But until then all we can afford at a real push is £100 at the moment he gets a incap benefit but only a small amount and a naval pension and family credit.
when we applied for CT rebate they said we where over the limit by £3.
Any advice would be really gratefull as i am worried sick and don`t know what to do ,we are willing to pay £100 like i say and have the cash here all ready ,but i don`t know if the bailiff will accept it and reading some of the post on here its best to not pay them but pay the council instead ,but if i made payments say via the website then won`t it be taken off this years bill and not the one thats outstanding.
Is anyone willing to give me some advice ,my 7 days are up tomorrow and i am expecting them to call again tomorrow.
This stress is not helping my husband one bit because of his heart condition.
please some one offer me some advice does not matter how small it is.
Like i say i have money here to pay but the council will not accpet it and i am pretty sure the bailiffs won`t either unless i let them in and i am not doing that and if i did pay it online to the council office would it come off the errors.
PLease help ,i see loads of other post in this forum getting replys and helpfull advice.
I phoned the bailiffs as i have`nt got £966 to be able to pay and i offered to make payments of £100 amonth which the women on the end of the phoned agreed to ,she said she would send out a form for us to show are income and out go`s and then said the bailiff would then come around and speak to us in our house and i said i would no be letting the bailiff in and she in that case you have 7 days to pay the full amount.
These threats are designed, very successfully, to intimidate people into paying up.
Communicate only in writing from now on. You are wasting your time asking them to be reasonable.
I also phoned Plymouth city council and explain my suitation and they said they could not do anything as it was with the bailiff now and then went about arranging paying off this years as we are 2 mts behind with that already.
This is rubbish as they can take the payments back at any stage.
Due to your circumstances, i would personally go in to the council, and ask to speak to a CT supervisor.
When i asked they guy at the council office how i could afford to pay £100 amonth for this year and then pay the bailiff he said they will have to take in to account that you are paying this years.
But they wont, they will just take you for as much money as they can.
Again, have NOTHING to do with the bailffs.
I will not be letting the bailiff into my house on their return
Thats correct, dont let them in EVER, and NEVER sign anything regardless of their threats.
i have read that they will return the debt to the council.
This is true, but probably not for 6 months of them harrassing you, so, you are going to have to be strong.
What i need to know is this.
My husband (who name is on the debt) is classed as disabled and has a blue badge and a disabled bay outside our house ,can they take the car away even with him been classed as disabled.
No, they cant take the car.
He has a heart problem and also has problems walking ,we are awaiting his war pension and a decision on DLA ,once these are in place we will be in a better position to make larger payments.
Then you are classed as vunerable
i am worried sick and don`t know what to do
I understand your worry.
In giving the bailiffs authority to collect your debt, the courts only give them very limited powers to enforce that collection.
They get there powers from YOU by letting them in, and signing an agreement.
,we are willing to pay £100 like i say and have the cash here all ready ,but i don`t know if the bailiff will accept it and reading some of the post on here its best to not pay them but pay the council instead ,but if i made payments say via the website then won`t it be taken off this years bill and not the one thats outstanding.
If you pay online, it will allmost certainly be taken off this years account, and not the one that is giving you the current grief.
Thats why i stress you go to the council personally.
P.S. Sorry about the delay in replying. ANY problems just shout.
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I Wish you everything you wish yourself.
.
NatWest Claimed £1,639. Accepted £1,344.
Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.
Barclays 1 Claimed £1,260. Won by default. Paid in full
Barclays 2 Claimed £2,378. Won by default. Paid in full
Birmingham Midshires. Claimed £2,122. Accepted £2,075.
Need more advice please.
Went to the Council office to get the errors taken back from the bailiffs and into the hands of the Council and was told i had to write a letter to the "recoveries team" at the council office and ask for them to take it back and to explain why i wanted this and they would decide if to or not.
I told the women that my husband is classed as vunerable because of his heart condition and that i would not be letting the bailiffs into my house.
I also said that i had been in contact with the bailiffs and they would not accept my offer of payment unless they where aloud into my house and i told the women that this would not be happening , also it would be returned to them (the council) anyway and that i knew my rights and also said that i knew the council can not refuse to take the debt back.
I said i am not refusing to pay the errors and was happy to make a payment today ,but she would not allow me to make any payment there and then.
so now i have to put it in writing and wait a reply ,the council office and myself have set up paying this years off starting next month and i was also given a council tax benefit form to fill out.
The women also said to contact the bailiffs as well.
so what i want to know is
1- is this normal to have to write to their recoveries team to get it passed back ,or are they stalling for time for some reason.
and
2- what should i put in the letter to the recoveries team and also to the bailiffs.
ALSO ONE MORE QUESTION
I was looking threw some paper work this afteroon and i came a cross another letter from the same bailiffs dated the 23rd january this year for the same errors of council tax ect the letter was a copy of the letter that was dropped threw the door a week ago ,BUT there was no FEE`S charged ,i am totally confussed.
Also i believe the bailiff knocked on saturday but i was to scared to answer the door ,but he never left any letters.
Went to the Council office to get the errors taken back from the bailiffs and into the hands of the Council and was told i had to write a letter to the "recoveries team" at the council office and ask for them to take it back and to explain why i wanted this and they would decide if to or not.
Thats understandable. They will be dealing with hundreds of similar requests, and need to see it in writng.
I told the women that my husband is classed as vunerable because of his heart condition and that i would not be letting the bailiffs into my house.
Explain your vunerability in your request. I wouldnt mention the bailiffs at this stage. They are not to bothered.
I also said that i had been in contact with the bailiffs and they would not accept my offer of payment unless they where aloud into my house and i told the women that this would not be happening , also it would be returned to them (the council) anyway and that i knew my rights and also said that i knew the council can not refuse to take the debt back.
Have you sent the bailiffs either of the etters i posted.
I said i am not refusing to pay the errors and was happy to make a payment today ,but she would not allow me to make any payment there and then.
It was probably beyond her decision. We need to get everything down in writing.
The women also said to contact the bailiffs as well.
1- is this normal to have to write to their recoveries team to get it passed back ,or are they stalling for time for some reason.
Very normal, see above.
2- what should i put in the letter to the recoveries team and also to the bailiffs.
Just be honest. Plead your circumstances, and make an offer. Explain the bailiff charges will prevent you from paying the bill within a reasonable time.
I was looking threw some paper work this afteroon and i came a cross another letter from the same bailiffs dated the 23rd january this year for the same errors of council tax ect the letter was a copy of the letter that was dropped threw the door a week ago ,BUT there was no FEE`S charged ,i am totally confussed.
Also i believe the bailiff knocked on saturday but i was to scared to answer the door ,but he never left any letters.
Remember, the maximum they can charge to date is £24.50p & £18.00.
You will have to pay this eventually im afraid, its the law, but lets not worry about that for now.
Also remember,
NEVER let them in &
Never sign anything unless you are sure about it.
.
I Wish you everything you wish yourself.
.
NatWest Claimed £1,639. Accepted £1,344.
Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.
Barclays 1 Claimed £1,260. Won by default. Paid in full
Barclays 2 Claimed £2,378. Won by default. Paid in full
Birmingham Midshires. Claimed £2,122. Accepted £2,075.
I am so sorry that I have missed this question. You offer of repayment is very reasonable indeed. Please can you ENSURE that you do not allow a bailiff into your home.
No, the bailiff CANNOT take your car.....if he even threantens to can you please send me a message.
The following is a template letter from our Bailiff Advice website that can be adapted to suit your circumstances, I would suggest that you explain your husband's health problems in this letter.
I would recommend that this letter is sent IMMEDIATELY by registered post.
If you require any further advice, please do let us know.
To: Bailiff Company
Date:
Dear Sirs,
Re: Account reference.
I refer to your letter dated (enter date) informing me that your company have been instructed by (enter local authority) to enforce a warrant/liability order etc against me, in respect of (a parking charge notice/council tax etc).
In your letter/telephone call you state that you will be visiting/returning to my home to (seize/auction etc my goods.) unless full payment of (enter amount) is made by return.
The purpose of this letter is to advise your company that I believe that (my/our) circumstances fall within the category as contained within the National Standards for Enforcement Agents of “vulnerable situations”. The reason for this is that (explain your circumstances, and provide some evidence, if possible) see note below).
Accordingly, I would like to request that you do not visit my property as this would cause undue stress and anxiety and would incur me in additional fees that I would be unable to repay. Instead, I would like to request that you (return this case back to the local authority/or accept payment terms as outlined etc)
I would be grateful if you could confirm safe receipt of this letter, and confirmation that (payment terms have been agreed/or case returned to the council)
I am copying this letter to my Local Authority. (ensure that you keep a copy)
Yours Faithfully.
Note: The following are defined as “vulnerable groups” according to the National Standards for Enforcement Agents:
• Disabled
• The debtor or the debtor’s partner is suffering a long term illness.
• Single parent.
• Expectant mothers in the late stages of pregnancy.
• Elderly and /or infirm.
• Individuals suffering from mental confusion.
• People who are either blind or deaf.
• Persons where there has been a recent bereavement in the family.
• Those persons whose first language is not English.
• People who are in receipt of benefits.
I would like to say a big thank you to tonycee and everyone else who gave me advice.
I recieved a letter from plymouth city council today to say that they have recieved my letter and under the circumstances they have requested the bailiffs return my account to them and they have accepted my repayments for the errors.
This is a huge relieve for my husband as well as my self ,again thank you very much for your advice.
CTAX - bailiffs coming - won
as i have`nt got £966 to be able to pay and i offered to make payments of £100 amonth which the women on the end of the phoned agreed to ,she said she would send out a form for us to show are income and out go`s and then said the bailiff
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Originally Posted by sugg1
