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.
Ok two years i got behind on my council tax. Then this year i could not afford to pay it back. Then about 5 months ago i got a great job and was getting my life back on track and paying debts back.
I then phoned the people who i owned my council tax to, a company called Rose & Heims PLC baliff and recover, (At least i think thats what they are called anyway) I said to them id give them (rather steep amount) of £300 a month back. The total debt is rouglhy 750 quid. I payed the first month then didnt get paid correctly the next month so i the phoned them up 3 days after payment was due and informed them that i could pay it at the end of month. They were unhappy with this and passed it on to a Baliff because i had'nt stuck the original arrangment.
The operator gave me this guys mobile number a Mr Murphy. So i called him immediatly the day was Tuesday 12th August and told him the situation he however was not interested and told me he would need at least £200 in two days time that was before Friday 15th August. I said i could not pay because i didnt have it til the end of the month. He then said "well the total amount will be payable and i will be coming to the property to collect it first thing monday via removing goods from property" that was the end of the call.
Its now friday and i havent been able to get the £200. But i am going to phone him soon and see what happens.
Additionally i dont own my property and it is still down as my parents house however they dont live here they own a pub. The stuff in the house is all theres. Is there any advice or help anyone can offer.
If he has not been in the house, do not let him in under circumstances and he can not remove goods. Phone him and tell him that a) he will not gain entry to the house b) you know what can be charged and at what stage.
If he has not been in the house, do not let him in under circumstances and he can not remove goods. Phone him and tell him that a) he will not gain entry to the house b) you know what can be charged and at what stage.
How can i find this out? Because i dont want him or anyone calling round and adding on £20 here or there when they feel fit?
Ok basically i just phoned him and told him again that i could not get the £200 payment that he wanted and i could give him £300 at the end of the month, he said he is going to contact the council as they wanted a partial payment today, which seems a bit confusing because he didnt even know how much i owed or anything he had to ask me twice.
I then asked him for some sort of proof, as i have had no letter or any written evidence that its been passed to you. He said i would have to ask council for it. I asked him for a Breakdown of his costs and fee's again he said i would have to ask the council for that too, as it depends on how much i owe.
I said fair enough. What should i expect next since i cant pay the £200 today only £300 a month. He said since the council were asking me for partial payment today the next you will know is a van showing up at your property for a removal of goods. I said well first of all its not my property and the stuff in there is my parents. He said can you give me written proof that it is all thier property i said no but the house is in there name. Then i said secondly you can not remove any goods from my house unless i allow you entry to the premicises is that correct, he then took his time in response and said unles you allow me entry no i cannot. I replied to that and said well you wont be able to remove anything as i wont allow you or anyone else any entry in to the premises.
After that he said to me well i will have to pass it to the council, at least thats what i think he said because the line started going funny. I asked him to repeat it and it sounded like something something notice.
So anyone got anymore advice to dish out. Thanks anyone know what he might of said would be done next i did not want to keep asking him to repeat it because it comes accross very poor for me.
Well i contacted the actually baliff company to find out a Breakdown of there charges he asid to me, for calling round at your house we charge £39.50. Thenf or removal of goods we charge an additional fee depending on how much was collected.
I then asked him if he could go over the next steps for me as im confused. He said will you have any money for me to pay today, i said no i can only pay £300 at the end of the month. He said fine what will happen is someone will knock at your door with a removal van and a removal team. He said if you dont allow the company any access to the premises then we will call back another time once again knowing when you are in, and we will do the same proceddure again if you do not allow us entry then basically it gets sent to the magistrates court which means you will be trialled to go to prison.
I said ok then thanks. He said thanks and put the phone down.
Is there any advice anyone can offer because quite frankly i dont want anyone showing up in the house and taknig stuff and i dont want my girlfriend who lives with me getting a fright if anyone aggressively knocks!. I just want to pay £300 a month til the debt is gone which is what i can afford.
nothing you can do to stop them coming round, but all they can charge is £39 full stop if they do not get in. The prison bit is total BS and it does not go back to the magistrates court.
I understand XXX Council has appointed you to recover my Council Tax Liability arrears for 200x which are £xxxx.
Firstly I would like to make you aware that I am aware of my rights and you will not gain entry to my home under any circumstances to levy goods and I also know the fees allowed under statue and when which fees can be applied.
Due to my circumstances I am unable to pay this in one payment. I advocate a payment schedule of 24 months with 23 months payments at £xx.xx and the balance of £xx.xx to be paid on the 24th month to cover the principle. 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 factual hardship.
I am able to pay the above amount on the xx of each month, as an act of good faith I have enclosed the first payment chq number xxxxxx. 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.
I am sending the council a copy of this letter and requesting that it be filed with my account for further reference.
I hope the above meets your approval and I look forward to your timely reply by letter.
nothing you can do to stop them coming round, but all they can charge is £39 full stop if they do not get in. The prison bit is total BS and it does not go back to the magistrates court.
If i do not answer the door and keep the door locked at all times can i just do that til the end of the month when i have the £300 then pay that, and then pay it again the following month?
If yes if am in and they know i am in as he said they would. If the knock and see me etc but i dont answer the door is there anything they can do? Or would i be able to phone the police due to them harrassing me? because they wont get off my private property?
bailiffs cannot send you to prison. If the bailiffs have never been into your home and they will not accept your offer, all they can do is to pass your debt back to the council. It is important to make an arrangement to pay the council, or they may try other ways of recovering the money, such as taking money out of your wages or your benefit.
The only time you can go to prison is if you refuse to pay it, you can NEVER go to prison if you are willing to pay, even if it is only 10p per week the magistrates court can NOT send anyone to prison who has made an offer. The above letter has a paragraph in it about the fact you are not refusing to pay to cover this base in no uncertain terms.
They have never been in your house offer them £800 / 11 months @ £65 and clear the balance on the last month, if they do not like they will send it back to the council, and they have no choice in law but to take it.
bailiffs cannot send you to prison. If the bailiffs have never been into your home and they will not accept your offer, all they can do is to pass your debt back to the council. It is important to make an arrangement to pay the council, or they may try other ways of recovering the money, such as taking money out of your wages or your benefit.
The only time you can go to prison is if you refuse to pay it, you can NEVER go to prison if you are willing to pay, even if it is only 10p per week the magistrates court can NOT send anyone to prison who has made an offer. The above letter has a paragraph in it about the fact you are not refusing to pay to cover this base in no uncertain terms.
They have never been in your house offer them £800 / 11 months @ £65 and clear the balance on the last month, if they do not like they will send it back to the council, and they have no choice in law but to take it.
Ok thanks alot i acutally want to pay the debt of as soon as possible so if I say ill pay a MINIMUM of £100 a month then i can pay £300 one month rather than be tied down and have left myself £200 incase of any emergencies would that be ok?
Due to my circumstances I am unable to pay this in one payment. I advocate a payment schedule of 24 months with 23 months payments at £xx.xx and the balance of £xx.xx to be paid on the 24th month to cover the principle. 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 factually hardship.
Does this bit make sense or is it just i didnt pay enough attention in school
Thanks alot zooman for your help. One final thing I am fully expecting a knock on my door on Monday from the baliffs. If i do not wish to answer door purely because i dont want people to force there was past me and me not able to proove it. As stupid as this sounds can i speak open the upstairs window and just say to them you are not gaining entry into the premisses, give them a copy of the letter im sending today and say to them can you please leave. If they do not leave and persist in knocking until i open front door. Can i call the police as really theys hould not be on my property
all the above is right, what you do is this tell them to wait in the their car and go out to them and close the door behind you (don't forget key). Or drop it out of the window. Once it is clear they are not going to gain entry they have to go. If they do not warn them if they do not go there and then you will phone the police. When on the phone to the police just say you have someone outside your home who harassing (against the law) for money and they will not go. Some police are unaware of bailiff law so have a copy of the law ready for them (I'll post it here this weekend for you to print off). I very much doubt they will stay after being told they will not get entry they will want to move onto the next poor sod, times money as they say.
all the above is right, what you do is this tell them to wait in the their car and go out to them and close the door behind you (don't forget key). Or drop it out of the window. Once it is clear they are not going to gain entry they have to go. If they do not warn them if they do not go there and then you will phone the police. When on the phone to the police just say you have someone outside your home who harassing (against the law) for money and they will not go. Some police are unaware of bailiff law so have a copy of the law ready for them (I'll post it here this weekend for you to print off). I very much doubt they will stay after being told they will not get entry they will want to move onto the next poor sod, times money as they say.
Baliff Help Please!
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Originally Posted by Zooman
