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 a council tax debt for £867. It went to cour blah blah, council refused payment, bailiff arrived handed me paper walked away, he came back 2 weeks later and delivered paper through letter box.
Husband spoke to different bailiff 2 weeks later was told to ring office was given 3 months to pay, in march we said no we can pay £100 , they said no on phone, we paid them ( sorry) £200, 2 more bailiffs have come and we have tried to contact them but have since found out both have left, they have added lots of £75.35 visit fees to the account.
Then Yesterday I get a letter telling me they are coming to remove stuff on Monday 29/06/09, What can I do
I get not let in, they have never been in never signed anything, so @I gather in a good position, can I send them letter saying know rights blah but as you non co-op will be paying council direct at £100 monthh as you refused to accept and cc council same letter?
regardless of how many bailiffs or how many times they have been to your home if there is no walking possession agreement levy the most the bailiff can charge is £24.50 1st visit £18 2nd visit
its not unknown for a bailiff to levy goods without the debtor knowing (car garden furniture look through window e.c.t.) i would find out if one of these bailiffs has done a levy
Then Yesterday I get a letter telling me they are coming to remove stuff on Monday 29/06/09,
and read that letter very carefully
Forcing re-entry The law upon the rights of bailiffs to force re-entry to premises in order to remove
goods previously seized has recently been clarified. In Khazanchi v Faircharm Investments; McLeod v Butterwick [1998] 2 All ER 901 the Court of Appeal held that
bailiffs may only force re-entry where they are being deliberately excluded from
premises. It will thus be necessary in most cases for the bailiff to notify the debtor in
advance of the date and time of the visit in order to remove. If the debtor is then
absent from home, or refuses entry, force may be employed. p5 Walking possession charges
i hate bailiffs would love to put a hex on them all
I am not an expert by any stretch of the imagination
any advice given is from my own personal experience and what Ive leaned on this site
and if you are happy with my advice you might like to make me a star
THE EDGE there is no way to explain it the only people who really know are the ones who have gone over and came back
bailiff has no right to entry/force entry etc. He only has the right to peaceful entry. I.e He can walk through a open door squeeze in through a open window and cat flap etc. If you have signed nothing and there has been no peaceful entry then i would personally continue to pay the council direct on the internet. They can only add charges for visits on visit 1 and 2 after that they can visit a million times but cant charge. Unless they levy on say your car.
I hate bailiffs. Let me know if you have had a problem with them. I am sure i could upset them.
its not unknown for a bailiff to levy goods without the debtor knowing (car garden furniture look through window e.c.t.) i would find out if one of these bailiffs has done a levy
for this reason and the fact that the op has a letter giving a date to remove i would check if there is a levy
i hate bailiffs would love to put a hex on them all
I am not an expert by any stretch of the imagination
any advice given is from my own personal experience and what Ive leaned on this site
and if you are happy with my advice you might like to make me a star
THE EDGE there is no way to explain it the only people who really know are the ones who have gone over and came back
Spoke to head office yesterday and she said we needed to have a bailiff come out to do a levy. you cannot look in through my windows, and I have no accessible garden( mid terrace) and head office looked on computer and said no levy arranged.
Whyte and co are one of the most disorganised bailiff company i have dealt with. If you look at my avtar it is for one of thier vans (anpr). There motto should be " if your not disorganised like us let us disorganise you then"
I hate bailiffs. Let me know if you have had a problem with them. I am sure i could upset them.
the exact wording on this letter is
in absence of full payment we are arranging for seizure removal and sale of goods on or after 29/06/09
be advised removal may take place even if you are not present at the time .
from what yo said this is just a threat as no time or date is actually specified.
Or do I just go out on monday.
HI there. I am getting so much help through reading these threads. I have just had a second visit from a bailiff and this is despite contacting the council and the bailiffs office and having replies from them. The bailiff that came here said he had no copies of emails sent. But we have a gate leading into a bif parkign area. He just came through and I spotted him so went out saying that he had come onto my property without permission. He said he was a bailiff and therefore could. I said he couldnt and "respectfully ask you to go outside the gate or sit in your car and I will come out". He wouldnt and carried on talking. They are really unpleasant people! I think he should have gone back out the gate? Should he have done. I also pointed out that we ran a business from this property that was not related to the debt he was collecting and should his presence harm my business I'd sue him! Maybe I was a bit harsh!
(7) A distress shall not be deemed unlawful on account of any defect or want of form in the liability order, and no person making a distress shall be deemed a trespasser on that account; and no person making a distress shall be deemed a trespasser from the beginning on account of any subsequent irregularity in making the distress, but a person sustaining special damage by reason of the subsequent irregularity may recover full satisfaction for the special damage (and no more) by proceedings in trespass or otherwise
unfortunately the bailiff is correct squirrel please start your own thread it stops confusion for those trying to help and welcome to C.A.G
i hate bailiffs would love to put a hex on them all
I am not an expert by any stretch of the imagination
any advice given is from my own personal experience and what Ive leaned on this site
and if you are happy with my advice you might like to make me a star
THE EDGE there is no way to explain it the only people who really know are the ones who have gone over and came back
I emailed them the I can only afford to pay you £50 a motnth letter and have had this in reply
[FONT='Arial','sans-serif']Thank you for your email.[/FONT]
[FONT='Arial','sans-serif']This debt is being collected under a court liability order and full payment is expected. We do not usually enter into extended payment arrangements unless the household is dependant solely on benefit income. [/FONT]
[FONT='Arial','sans-serif']However in a crisis situation we may enter into a temporary lower arrangement but only after the debt has been secured on goods by a levy being performed. By refusing a levy we are unable to pursue this option for you.[/FONT]
[FONT='Arial','sans-serif']It is our responsibility to make you aware that should the debt remain unpaid and without a suitable arrangement in place the account will be returned to the council with a recommendation for further action. This could involve committal proceedings, bankruptcy, charging order on your property or an attachment of your earnings order.[/FONT]
This means that you will be summonsed to appear before the magistrates and explain why you offered them £50 a month. As long as you make a offer which is reasonable nobody can do anything. Copy your letter to the council as well. So that in the unlikely event you have to attend you have all the proof on you.
I hate bailiffs. Let me know if you have had a problem with them. I am sure i could upset them.
Bailiff help
arrived handed me paper walked away, he came back 2 weeks later and delivered paper through letter box.
Reply With Quote
