Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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  1. #1
    Basic Account Holder MrSticky Novitiate

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    Default Notice of Execution of Distress Warrant - Excel

    Hi All,

    Really hope someone can help me, me and my girlfriend are getting quite worried and scared at the moment, because of unpaid concil tax. We owe 496.50 (+costs) to the baillifs who have sent us a letter today saying that unless we contact them immediately/pay the debt in full by Thursday (this week) they have the right to re-attend our property and under the powers given to them by the Distress Warrant they can remove goods for sale at auctionicon. Apparently the Distress Warrant also allows them to gain legal entry in our absence if necessary.

    We had one previous visit to which they dropped a letter through the door saying they've been and asking us to contact to arrange payment. My girlfriend called the bailliff who said they need to arrange a time to come to our house and 'value our goods'.

    After reading the forums I decided against it, and planned to send them a letter offering a payment via standing order and a first payment, but wasn't sure of how to make the payment as I don't have a cheque book. I completely forgot about it, and then this letter turned up today.

    As I say we are both really worried, and are wondering what rights we have, what will happen and what could we do.

    Any advice would be brilliant.

    Thanks in Advance.

    Edited to say : We really don't have the money to pay the full amount as my girlfriend has only recently got back into work after not working for 11 months (hence the problem with paying the original council tax).


  2. #2
    Basic Account Holder lets fight bailiffs Novitiate

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    Default Re: Notice of Execution of Distress Warrant - Excel

    what are the fees and what is council tax ?

    and no dont let them in, at all, ever.

    LFB


  3. #3
    Basic Account Holder ambershadow Novitiate

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    Default Re: Notice of Execution of Distress Warrant - Excel

    I wouldn't personally deal with the bailiffs on this anyway... Do yourself a repayment planicon and send to the council with a repayment if you can then stick to it..

    Send a letter to the bailiffs teling them you won't be doing any business with them at all as your Not obliged to do so.. It's not against the law not to pay them but you must pay the council tax and you can do this online if need be... there is no law to state you can't do this and the council have to except your payment

    Don't be held ramsom by bailiffs


  4. #4
    Basic Account Holder MrSticky Novitiate

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    Default Re: Notice of Execution of Distress Warrant - Excel

    Quote Originally Posted by ambershadow View Post
    I wouldn't personally deal with the bailiffs on this anyway... Do yourself a repayment planicon and send to the council with a repayment if you can then stick to it..

    Send a letter to the bailiffs teling them you won't be doing any business with them at all as your Not obliged to do so.. It's not against the law not to pay them but you must pay the council tax and you can do this online if need be... there is no law to state you can't do this and the council have to except your payment

    Don't be held ramsom by bailiffs
    Thanks for the advice, but I'm pretty new to all this and don't really know what's required.

    What would I put in the letter to the bailliffs? How do I inform the council I'm paying them for the moneys owed from the last financial year?

    Also, can these bailliffs break in to my house with this distress warrant as indicated in the notice?


  5. #5
    Basic Account Holder MrSticky Novitiate

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    Default Re: Notice of Execution of Distress Warrant - Excel

    Quote Originally Posted by lets fight bailiffs View Post
    what are the fees and what is council tax ?

    and no dont let them in, at all, ever.

    LFB
    As above, can they break in with this distress warrant? They have indicated Thursday as the day I need to contact/pay them by? I will send the later tomorrow, but will that be too late?

    I'm pretty worried about it all to be honest and I just want to start making payments but I really don't know where to start


  6. #6
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    Default Re: Notice of Execution of Distress Warrant - Excel

    a bailiff can only gain entry by peaceful means
    don't open the door to them keep you door locked and your Windows closed
    if you have a car move it out the street
    if you have a garden don't Leave anything in it keep shed/ garage locked
    they can NOT break into your house whether you are in or out

    My girlfriend called the bailiff who said they need to arrange a time to come to our house and 'value our goods'
    the bailiff wants a levy he does not want to remove your goods
    if the bailiff Levy's your goods in the house the garden or Levy's your car then the bailiff will tell you pay xx amount per week/month
    if you miss 1 payment then the bailiff uses this to add a van charge
    so under no circumstances let the bailiff in

    IF the bailiff did get in (by invite only) then he does have the right to re-entry even if your out


  7. #7
    Basic Account Holder MrSticky Novitiate

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    Default Re: Notice of Execution of Distress Warrant - Excel

    Quote Originally Posted by hallowitch View Post
    a bailiff can only gain entry by peaceful means
    don't open the door to them keep you door locked and your Windows closed
    if you have a car move it out the street
    if you have a garden don't Leave anything in it keep shed/ garage locked
    they can NOT break into your house whether you are in or out

    My girlfriend called the bailiff who said they need to arrange a time to come to our house and 'value our goods'
    the bailiff wants a levy he does not want to remove your goods
    if the bailiff Levy's your goods in the house the garden or Levy's your car then the bailiff will tell you pay xx amount per week/month
    if you miss 1 payment then the bailiff uses this to add a van charge
    so under no circumstances let the bailiff in

    IF the bailiff did get in (by invite only) then he does have the right to re-entry even if your out
    Thanks for your reply, but what I need to know is does this Distress Warrant ALLOW the bailliff to break in without being in before?

    What rights does he have with this warrant?


  8. #8
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    Default Re: Notice of Execution of Distress Warrant - Excel

    Thanks for your reply, but what I need to know is does this Distress Warrant ALLOW the bailiff to break in without being in before?
    What rights does he have with this warrant?

    NO its a warrant to levy (distress) but to execute the warrant he must gain peaceful entry


  9. #9
    Basic Account Holder MrSticky Novitiate

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    Default Re: Notice of Execution of Distress Warrant - Excel

    The letter says is titles "NOTICE OF EXECUTION OF DISTRESS WARRANT"

    It also says 'The Distress Warrant also allows us to gain legal entry in your absence if necessary'.

    To me that indicates that they are coming in if we don't arrange payment, with or without our consent.

    They have not been in before? Can they definately not break in? I'm sorry if I sound like I'm doubting you but as I'm sure you can understand, I'm just worried about what might happen while I'm out.


  10. #10
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    Default Re: Notice of Execution of Distress Warrant - Excel

    Quote Originally Posted by MrSticky View Post
    The letter says is titles "NOTICE OF EXECUTION OF DISTRESS WARRANT"

    It also says 'The Distress Warrant also allows us to gain legal entry in your absence if necessary'.

    To me that indicates that they are coming in if we don't arrange payment, with or without our consent.

    They have not been in before? Can they definately not break in? I'm sorry if I sound like I'm doubting you but as I'm sure you can understand, I'm just worried about what might happen while I'm out.
    100% if they have never been in your house before the cant break in




  11. #11
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    Default Re: Notice of Execution of Distress Warrant - Excel

    Quote Originally Posted by MrSticky View Post
    The letter says is titles "NOTICE OF EXECUTION OF DISTRESS WARRANT"

    It also says 'The Distress Warrant also allows us to gain legal entry in your absence if necessary'.

    To me that indicates that they are coming in if we don't arrange payment, with or without our consent.

    They have not been in before? Can they definately not break in? I'm sorry if I sound like I'm doubting you but as I'm sure you can understand, I'm just worried about what might happen while I'm out.
    You need to ask this company why they are threatening you with a "Notice of Execution of DISTRESS WARRANT" !!!! This debt is for council tax and the company have a Liability Order..which is NOT a Distress Warrant.

    If you have an unpaid MAGISTRATES COURT FINE then a DISTRESS WARRANT is issued to a bailiff company.


  12. #12
    Basic Account Holder MrSticky Novitiate

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    Default Re: Notice of Execution of Distress Warrant - Excel

    Ok, thanks for the help so far.

    I'm planning to send off 2 letters tomorrow, one to the council outlining that I wish to pay the debt with them (50 a month), with my first payment being made tomorrow via the council website/automated payment over the phone, and then one letter sent to the Baillifs to let them know that I will be paying my debt to the council and that there is no point in persuing the debt with me.

    I'm not 100% sure on how to structure these letters, or what key points I need to make.

    If anyone could give me a guideline, I would be greatful


  13. #13
    Basic Account Holder MrSticky Novitiate

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    Default Re: Notice of Execution of Distress Warrant - Excel

    I need to send this tomorrow so if anyone here can give me some pointers as to the letters' content I would be eternally grateful...


  14. #14
    Basic Account Holder MRSWESTHAM Novitiate MRSWESTHAM's Avatar

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    Default Re: Notice of Execution of Distress Warrant - Excel

    dont disapear i have a letter just need to dig it out ...AND always make sure you put in the letter I AM NOT REFUSNG TO PAY MY COUNCIL TAX


  15. #15
    Basic Account Holder MRSWESTHAM Novitiate MRSWESTHAM's Avatar

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    Default Re: Notice of Execution of Distress Warrant - Excel

    Found it, I am presuming they havent gained entry already and you havent signed a walking possesion?

    Please read carefully and amend then send by recorded delivery and email if possible so you can have proof of postage. In the mean time keep windows and doors, sheds etc securely (This is where my problems started, bailiff lied i signed WP) Dont let anyone you dont know in x

    Dear Mr XXXSTUPID IDIOT BAILIFFXXX

    Re: Council Tax Ref XXXX

    I understand XXXX Council has appointed you to recover my Council Tax Liability arrears.

    Firstly I would like to make you aware that I am fully aware of my rights and you will not gain entry to my home under any circumstances to levy goods and I know the fees allowed under statute and when these fees can be applied.

    Due to my circumstances I am unable to pay this in one payment. I would like to offer payment at X a monthto be paid on the 30th of the month to ensure my wages are cleared.e. I understand this may seem a long time but this is a realistic offer that is affordable to me and will allow me to pay future bills issued for Council Tax without them falling into arrears. A greater amount would cause me real and actual hardship.

    Please advise how you would like future payments made. My personal preference is payment by Standing Order.

    It should be noted that I am not at any point refusing to pay this debt but only asking for a fair payment period considering my circumstances. And if you are unable to accept my offer I will place the money aside each month until such a time the council take the account back into their management, when I will make payment of the set aside money to the council.

    Please also send an itemised statement of account that clearly shows what charges have been added and what for, you are required in statute to supply this information and I look forward to this within 14 days.

    Please note when I left my premises this morning every door and window was closed and locked securely.

    8.0 APPENDIX B – BAILIFF RULES: GAINING ENTRY TO PREMISES
    8.1 The actions of a bailiff lawfully entering a premises and seizing and selling goods to
    cover monies owed by the debtor, including the bailiff’s fees, is called ‘levying
    distress’. The term ‘distress’ used on its own generally means the procedure for
    bailiffs just to ‘seize’ goods; this may not necessarily involve removing and selling
    the goods.
    NOT PROTECTIVELY MARKED
    11/06/08 6 Force Publication Scheme
    8.2 The basic rule for Bailiffs is that entry should be without force, thus they have the
    right to peaceful entry only. There is no legal requirement by a debtor to let a bailiff
    into their home.
    8.3 To gain peaceful entry, the bailiff can walk through an open door, open an unlocked
    door, climb through an open window, and even climb over a wall or fence, provided
    no damage is caused in so doing.
    8.4 The bailiff cannot, however, break open a closed but unfastened window or door,
    open a closed latched window, or use a locksmith to open a door. Use of a
    landlord's key is also illegal. They cannot force their way past someone at a door,
    or wedge their foot in a doorway to prevent the door being closed. The protection
    against forced entry extends to all buildings physically attached to the living
    premises.
    8.5 Reasonable Force may be used to gain entry in these circumstances only:
    a. A bailiff is executing a magistrates distress warrant for non-payment of fines.
    b. A bailiff has once previously entered a debtor’s home peacefully, or was
    forcibly ejected by the occupier after gaining lawful entry, and is returning to
    levy the goods.

    I am sending the council a copy of this letter and requesting that it be filled with my account for further reference.

    I hope the above meets your approval and I look forward to your timely reply in writing.

    Yours faithfully

    CC XXXX Council Offices.


  16. #16
    Basic Account Holder MrSticky Novitiate

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    Default Re: Notice of Execution of Distress Warrant - Excel

    8.5 Reasonable Force may be used to gain entry in these circumstances only:
    a. A bailiff is executing a magistrates distress warrant for non-payment of fines.

    This is the bit that worries me, as they have sent a notice of exectution of distress warrent...


  17. #17
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    Default Re: Notice of Execution of Distress Warrant - Excel

    Quote Originally Posted by MrSticky View Post
    8.5 Reasonable Force may be used to gain entry in these circumstances only:
    a. A bailiff is executing a magistrates distress warrant for non-payment of fines.

    This is the bit that worries me, as they have sent a notice of exectution of distress warrent...
    Don't worry....however you need to ensure that you do NOT leave your car outside as the baliff can levy distress on the vehicle.


  18. #18
    Basic Account Holder MrSticky Novitiate

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    Default Re: Notice of Execution of Distress Warrant - Excel

    Shall I put something in the letter that highlights the bit below?

    8.5 Reasonable Force may be used to gain entry in these circumstances only:
    a. A bailiff is executing a magistrates distress warrant for non-payment of fines.

    Obviously my debt is for council tax and not fines.


  19. #19
    Basic Account Holder MrSticky Novitiate

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    Default Re: Notice of Execution of Distress Warrant - Excel

    I'm sorry to be such a nuisense here!

    I have another question. My debt for Council Tax was going to court, but I intervened and asked them to review in view of my financial situation, they then gave me installments again, and I again failed to pay, due to my problems at the time. Then it was pretty much passed to the baillifs straight away, will this mean that I have had a court fine, or are they just court fees?

    Is there anyway I could have been given a fine, which would allow them to execute this warrant of distress?


  20. #20
    Basic Account Holder lets fight bailiffs Novitiate

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    Default Re: Notice of Execution of Distress Warrant - Excel

    contact the court and ask what the fine is for.



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