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 am worried as today i have a bailiff coming to my home, he came on friday but both me and my partner were out. he contacted us both via phone i told him that i was unable to do anything as i was on a school outing with my daughter, he then phoned my partner who said that we would not be able to pay the full amount, alot of him not ansewring calls and hanging up on my partner later he left a voicemail message that we had been lucky this time but he would be back on monday to collect the full amount. he has left a message on my partners phone today saying that he will be here today between 3-5 with a lock smith which he says will add another 200 to the 200 that he has already charged us for friday and the same amount for today. we did sign a walking posession order which we were paying but are now struggling as we have an attachment of earnings and our normal council tax bill to pay! I am a little concerned that some things do not seem to add up as the reference that was given to my partner by bristow and sutor does not match that that i have on my copy of the walking posession order and the bailiff would not give my partner his name or bailiff number please can somebody advise as to what i can do as i am pertified that my goods are going to be taken i am at home on my own with 3 young children.
Firstly what is the debt for?
I am assuming that this bailiff has been apointed by the courts? Do I have to pay the bailiff's fees?
The fees that bailiffs can charge for recovering money vary. There are fixed fees for bailiffs collecting council tax; for example, from 1 April 1998 fees for the first visit by a bailiff are £20 and £15 for a second visit, where no levy or seizure is made. All bailiff fees (with the exception of magistrates' court bailiffs) can be looked at by the county court to see if they are reasonable or excessive. This is known as 'detailed assessment'. If you think that the bailiff's fees are excessive you should get further advice about this.
What should I do if a bailiff is about to visit my home?
Remember you do not have to let a bailiff into your house or flat. If you make sure that all doors and windows are locked, the bailiff will not be able to gain access to your home. If they cannot get in, they cannot lawfully seize goods. A bailiff may call a number of times to try and gain entry. Eventually they will return the warrant to the court or local authority if they are unable to gain entry, or you do not have enough goods to pay off the debt and fees. Secondly, get the matter out of the hands of the bailiff and back to the county court, local authority or creditor. The next paragraph tells you how to do this.
If the debt is an unpaid county court judgment you can apply to the court to stop (''suspend'') the warrant and vary the instalments you were ordered to pay by the court. You can apply to do this on form N245, available from the court. The form asks for details of your income and outgoings with a few personal details such as whether you work. You will have to pay a fee at the court (currently £30), unless you are getting income support, income-based jobseeker's allowance or tax credits*. You may have to show proof that you are receiving these benefits.
(*You must have a gross annual income of £14213 or less and receive both working tax credit AND child tax credit, or working tax credit with a 'disability element' or a 'severe disability element'. Your tax credit award notice will contain this information)
The fee can also be waived if you are on a low income and payment of the fee would involve undue financial hardship. Applications for a fee reduction or waiver are dealt with entirely on an individual basis according to circumstance and there are no precise guidelines about when a fee should or should not be reduced or waived. In either case you must complete Form Ex160 and send or take it to the court with the N245.
Some county courts may refuse to suspend a warrant of execution until a walking possession agreement has been signed. This goes against guidance issued by the Lord Chancellors Department and if it happens to you seek further advice.
If bailiffs are collecting unpaid council tax it is often difficult to negotiate instalment payments with the bailiff or the local authority until the warrant is returned or withdrawn from the bailiff. However, you should try to negotiate instalment payments with the local authority and encourage them to withdraw the warrant from the bailiff. It is important to make clear that although you are unwilling to let the bailiff in, you are willing to make instalment payments at a rate that you can afford.
If you need help filling in forms or negotiating with creditors or bailiffs, see the 'further help' section below.
Have they entered your property previously?
If not then they are unable to force entry this includes drilling out locks, this will then become a trespass or in Police jargon 'breaking & entering'
we did sign a walking posession order which we were paying but are now struggling as we have an attachment of earnings and our normal council tax bill to pay!
Sorry just re-read your thread. So yes they will be able to force entry this time, but the Police should be in attendance? Take a look through this:Debt Basics - bailiff Guide - know your rights
the debt is for council tax arears but when my partner phoned bristow and sutor as the bailiff would not give his name or number they were reluctant to give his name but did so and the girl that he spoke to said that he did not have a registered number as he was acting for them, we are confused!
CODE OF PRACTISE ON LOCAL AUTHORITIES' USE OF bailiffs IN THE ENFORCEMENT OF LOCAL TAXES UPDATE & amendment SHEET April 2000
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. get on the phone to the council now tell them that the bailiff is making threats to come to your home today with a locksmith which clearly goes against the governments code of practise for enforcement tell the council you have this threat on voicemail
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'm sorry if it's a daft question but are you sure it's for the same order previously? Could it be for something else which would explain why the reference numbers don't add up?
I'm sorry if it's a daft question but are you sure it's for the same order previously? Could it be for something else which would explain why the reference numbers don't add up?
good question
is the attachment of earnings for this council tax debt
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
the attachment of earnings is for council tax but a previous debt and this one is for another council tax debt which we were told ther was only one other debt but the amounts just dont add up as i have been making payments and they have completely different numbers like i say it is extremely confusing as the staff at bristow and sutor do not seem to have a clue either
the attachment of earnings is for council tax but a previous debt and this one is for another council tax debt which we were told ther was only one other debt but the amounts just dont add up as i have been making payments and they have completely different numbers like i say it is extremely confusing as the staff at bristow and sutor do not seem to have a clue either
Can you please confirm the following:
When was the Walking Possession signed?
What items sre on the WP.
Have you been making payments under the Liability order that this WP relates to?
it was signed back in february yes we have been making payments until last month when our tax credits got cut so we have had to struggle to find the money for this month. on the list was the telly, our sofas, dining table and chairs some dvds, coffee tables cupboards, computor it was for around £850 but now even after making payments totaling around £300 they want over £1000 pounds but the refernce number that was given to my partner was different from that that was on the walking posessions order yet the bailiff said that he had the lock smith with him at our home and was going to get in a take goods unless we paid in full. I have since made a complaint to bristow and sutor about the conduct of this bailiff and we have not heard from hom since (he said that he was comeing again yesterday) i did try to complain to the council but they inform me that there was nothing that they could do.
You need to pm Tomtubby so she can advise you what to do next with this debt, I can't see them being allowed to take everything on that walking order if you have been paying and the balance is considerably lower now
bristow and sutor bailiff
coming to my home, he came on friday but both me and my partner were out. he contacted us both via phone i told him that i was unable to do anything as i was on a school outing with my daughter, he then phoned my partner who said that we would not be able to pay the full amount, alot of him not ansewring calls and hanging up on my partner later he left a voicemail message that we had been lucky this time but he would be back on monday to collect the full amount. he has left a message on my partners phone today saying that he will be here today between 3-5 with a lock smith which he says will add another 200 to the 200 that he has already charged us for friday and the same amount for today. we did sign a walking posession order which we were paying but are now struggling as we have an attachment of earnings and our normal council tax bill to pay! I am a little concerned that some things do not seem to add up as the reference that was given to my partner by bristow and sutor does not match that that i have on my copy of the walking posession order and the bailiff
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Originally Posted by sineadgriffiths
