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.
In brief since this is the third time I'm writing this owing to various mis-pressed keys and what not. :/
My Partner moved out of her home and into my home in Oct '09.
She owed her council £254 tax.
She set up a payment plan £20 per 1st of each Month.
Probably due to the festivities, she missed January's payment, no excuse though.
Without notice the council canceled her plan and referred her balance to Philip's (I say balance and not arrears since the council tax year has only just ended)
Philip's contacted us demanding money (no actual amount disclosed however) or they call to remove goods.
I personally phoned her council and cleared the account of any balance in full and finalised the account On 10th Feb 2010. Her council said they would inform Philip's and to worry no more.
Today, and without notification, a bailiff from Philip's came to my property with the intention to remove goods.
No one was at home.
A removal notice was posted stating their intention and that unless the arrears was cleared in full immediately they would return at any time with a locksmith to to remove goods.
I phoned her council and without apology they didn't understand why this had happened and would contact Philip's to cease action.
I also phoned Philip's who said they account had been passed to the council this morning.
I am terribly aggrieved that a person can come to my property without permission or appointment, demanding to steal from me unless I handover a ransom, and should I not, they would return with force to break and enter my property and steal my belongings.
What is my recourse? I wants answers, apologies and recompense! I, nor my partner, owe them a penny and never at any time have they said how much we alleged to owe them!
Write a 'Formal Complaint' to the council, To be honest you will get no where with the bailiff company as they will state that they were working on being instructed by the council. Write it to the 'Chief Executive' out lining what you have stated here.
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I am not legally trained, what information with regards to bailiff matters I have given is from personal experience & learned through studying. If you are unsure, always seek legal advice.
I didn't see that they had taken the account back.
I hope you have the persistence to pursue a complaint.
If everyone did, they would be more careful in future. I get the feeling sometimes that the good work of people on this site is merely 'fire fighting', allowing the same old usual suspects to do the same thing again and again.
Unfortunately, most people seem to sigh with relief then forget about it when the bailiffs / council are repelled.
I for one am taking my complaint to the Local Government Onbudsmun.
You can only do this after you have exhausted the councils complaint procedure.
Get a copy of that procedure and hold them to it. Failure to adhere to it (response times etc..) is more ammo for you when you go to the LGO.
I contacted the council and they said to use the complaints webpage to make a complaint is this adequate?
a complaint to the council is not logged as a complaint unless you e-mail/ letter is addressed to the chief executive of your council and it is headed Formal complaint
most councils don't collect council tax themselves they use agency's so when you phone the council to complain there is every possibility you are not speaking to the council
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 contacted the council and they said to use the complaints webpage to make a complaint is this adequate?
Using this will just get the standard reply - a brush off and chances are will contain no apology.
Do as Seanamats has said in the previous post: "Write a 'Formal Complaint' to the council, To be honest you will get no where with the bailiff company as they will state that they were working on being instructed by the council. Write it to the 'Chief Executive' out lining what you have stated here."
The chances are the Council won't like it as it then has to be recorded.
We definately do not owe the council a penny, I can confirm that with receipts. It does sound like an admin error on the councils part by not informing the debt collectors properly.
I have asked the council to send me a letter cofirming a nil balance and that the account is closed, hopefully that will suffice as evidence.
To be honest I am to stubborn to make changes to protect myself. I'm pretty sure the bailiffs have no authority to remove any of my goods from MY property and should they continue to insist, or indeed are foolish enough to take goods I will seek to prosecute.
I'm sure the onus is on them to make sure they are actually persuing the right debt for the right person at the right property.
Thanks for all the replys, I shall send a formal complaint in and hope I get my apology and explanation, for what its worth! :/
Is it not about time that someone /we started collecting and collating these "will return with locksmith / break in" notices and present a file to the relevant people?
Each individual complaint is viewed as a minor technical breach.
Can we not get together and demonstrate that the behavior is systematic, and done with the blessing of the councils?
How is this not classed as what was defined as extortion - using ones office (a court officer) to extract money by overstating their powers?
Is it not about time that someone /we started collecting and collating these "will return with locksmith / break in" notices and present a file to the relevant people?
Each individual complaint is viewed as a minor technical breach.
Can we not get together and demonstrate that the behavior is systematic, and done with the blessing of the councils?
How is this not classed as what was defined as extortion - using ones office (a court officer) to extract money by overstating their powers?
Makes me angry.
as they use the term 'may' it's hard to do anything - plus the council associated will have approved the letters for use!
Not hijacking the thread... I think it's relevant to any complaint and Balor's desire for justice, but when you (fluffy bunny) say that the council authorize them, that surely makes them more culpable, not less. "Council authorized" doesn't mean its legal.
Does 'maybe' mitigate a threat to commit a crime???
Whilst they say they may return with a locksmith. The wording in the first paragraph reads more definitively.
"We have attended your premises today with the intention of seizing and removing your goods to clear the arrears you have failed to pay."
That, to me, is quite explicit.
There has been no notification of any arrears with and/or from Philip's, since there are none. And on the letter the 'outstanding amount:' box is empty.
Therefore, in my eyes, they are unduely stating the intention to commit a crime. No may about it. Although they may return and force entry. Should I not succumb to the ransom: currently undisclosed. :/
Just to update interested parties and for future reference should someone find themselves in a similar situation.
My complaint was upheld. The council wrote a full apology with a full explanation as to how the error occured. Financial compensation has been sent to my partner as the council tax relates to her, however no details of such can be disclosed to me because of data protection.
My partner is waiting for a call back from the council to disclose the finer details.
I am not legally trained, what information with regards to bailiff matters I have given is from personal experience & learned through studying. If you are unsure, always seek legal advice.
Bailiff: Removal notice - No debt!
from Philip's came to my property with the intention to remove goods.
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Originally Posted by Balor
drinks are on your partner tonight then 
