Hi all, more of my woes I'm afraid.

Just as a bit of background: My business started going belly up early 2011. In March I had to cancel all d/d's & s/o's cos I had nothing to pay any anyone with. Ashford Borough Council was one of them.

In April i got a regular job & made a one-off payment £150 (i think) against my council tax. I had planned to keep paying them but just couldn't afford it with all the other bills & business costs.

In May ABC sent a letter to the effect that they were going to court for my arrears. I phoned them & was told to do nothing as the court would contact me regarding a payment plan.

I heard nothing until a Bailiff from Chandlers turned up at my house one evening just as I was returning from a week working away. He presented me with his Bailiff Notice - A Liability Order from the Mag court for Coucil Tax - £992, Stautory Fee - £24.50. Total - £1016.50. He told me that I MUST agree to a payment plan THAT DAY, & I MUST pay a £25 deposit by debit/credit card or cash. I told him I didn't have £25, or any working cards, or anyway to get any cash outside banking hours. He refused a cheque and asked if I could borrow the money. I sent him away for a couple of hours and managed to borrow some money from my lodger (who took it from her float from work)

Now, I know it was stupid, but I was dead on my feet, hungry, needed a bath & dinner & to get some sleep before going away agin at 5am next day ...... So when the guy came back around 8.30pm and said he needed to come in to fill in the payment plan, I let him in (like i said - stupid).

So he filled in his form - which turned out to be a Notice of Distress & Inventory & Walking Possession Agreement - listing every bit of furniture in my living room (the house is rented- part furnished). Now with additional fees - Levy £54.00, Walking Possession Fee £12.00 - new Total £1082.50. The payment plan is set at £178 pcm on the 1st of each, for next 6 months because "that's the maximum term the council will accept". I told him I didn't understand most of the terminology & didn't agree with the bits I did understand, but he said it didn't matter, it's the standar form & I should just sign it.

Having been here a few days now I realise that a lot of the above is wrong but is it illegal/unlawful ?

My lodger was present for some of the time & will witness if required.

The main problem is that I can't afford £178 pcm - if I could I would have paid the council direct - at the moment £40 pcm would be pushing it. Do I have any grounds to get the payment reduced, based on the lies & deceipt & general bullcrap I was fed ( & the fact that I was barely conscious at the time) ????

Please advise (oh, and sorry this is so long-winded)

TIA

G

Has the bailiff entered you property at all? If not, then make sure they never do.

Has the bailiff entered you property at all? If not, then make sure they never do.

(requoted)

...... So when the guy came back around 8.30pm and said he needed to come in to fill in the payment plan, I let him in (like i said - stupid).

Sorry, I did see that.

Having been in greatly reduces you bargaining power.

Hopefully PlodderTom will pick this up.

Is it possible you can list the goods exactly as described on the Notice of Seizure? Have you confirmed with the Council the amount outstanding?

PT

Is it possible you can list the goods exactly as described on the Notice of Seizure? Have you confirmed with the Council the amount outstanding?

 

PT

Hi PT, - thanks for your response. list as follows

"1 x sanyo tv silver

1 x darkwood coffee table

2 x brown leather sofas

1 x darkwood tv cabinet

1 x darkwood book shelf "

For some reason he's drawn a box around the last 4 items.

I did tell the guy at the time that none of the things on his list were mine - he said it didn't matter. Can I argue that as the house is rented part furnished these items belong to the landlord ( I don't have anything in writing to back this up - I rent from a family member )

I haven't double checked with the council & can't put my hands on the last correspondance right now but £992 sounds right ( total bill was under £1100 & I know I paid them either 150 or 200 direct). So if they've misquoted the outstanding amount to the council would it make their action null & void?

G

Hi PT, - thanks for your response. list as follows

 

"1 x sanyo tv silver

1 x darkwood coffee table

2 x brown leather sofas

1 x darkwood tv cabinet

1 x darkwood book shelf "

For some reason he's drawn a box around the last 4 items.

 

I did tell the guy at the time that none of the things on his list were mine - he said it didn't matter. Can I argue that as the house is rented part furnished these items belong to the landlord ( I don't have anything in writing to back this up - I rent from a family member ) OK your family member needs to lay claim to the goods as a 3rd Party claim - if not then they could actually remove them - the simplest way to do this is via a Statutory Declaration similar to that below, cost is £5/£10 at any Solicitor but advisable to get at least 3 notarised copies:

 

STATUTORY DECLARATION

 

I,____________________________ ______________

 

address_________________________________________________

 

_______________________________________________________

 

make the following declaration under the Statutory Declarations Act 1835:

 

All items contained within the property at the above address and within it's boundaries, are owned by Mr XXX XXXX & Mrs XXX XXXX . There are no items within the property or it's boundaries belonging to any other person.

 

I understand that a person who intentionally makes a false statement in a statutory declaration is guilty of an offence under section 11 of the Statutory Declarations Act 1835, and I believe that the statements in this declaration are true in every particular.

 

Signed:

 

 

Declared at___________________on__________________of 20___

Before me,

 

 

Full Name___________________________Qualification____________

 

 

Address__________________________________________________

of person before whom the declaration is made (in printed letters)

 

I haven't double checked with the council & can't put my hands on the last correspondance right now but £992 sounds right ( total bill was under £1100 & I know I paid them either 150 or 200 direct). So if they've misquoted the outstanding amount to the council would it make their action null & void? No

 

G

PT

Ok thanks - I'll try to get that done asap.

Just out of curiosity .... If I missed a payment etc & the bailiffs came knocking again,

1) can they take anything in the house or just what is listed (above) on their paperwork?

2) they've listed 2 sofas - they're quite big, so the only way to get them out of the house in 1 piece would be to remove the front window - can they do that ? or can I have them for criminal damage if they attempt it ? or would they employ a window fitter at my expense to remove/replace the window ?

(these bugggers really get your mind working don't they)

First off they have to get back in and there is nothing that says you have to do this. He may huff & puff but he has a set course of action he must follow and the chances are he will fail - worry about that if it comes to it though.