Hi,

Posting on a behalf of a friend, thought this might be the best place to ask.

My friend owes £1000 tax arrears, it was £3000 a few years ago, but she has managed to pay back £2000.... They agreed for her to pay £100 per month.

Anyways, this month she was 10 days late making this £100 payment.

After the late payment was made, a few days later a bailiff turned up and demanded the full payment (£1000) and said he would seize goods to clear the debt.

My friend rang these people, I don't know if they are the council bailiffs or a 3rd party bailiff and they said, because she broke the re-payment agreement there is nothing they can do to stop the bailiffs.

This to me sounds a bit unreasonable. Are they trying to scare her into the repaying the full amount towards their xmas party or Do they have really have the power the sieze goods over 10 days late payment?

Thank you for any help, any advice on what to do next would be most appreciated

Can I ask when she was paying her arrears to the paying the bailiff or the council ?

Your friend isn't giving all info. For a bailiff to call they have to follow a set procedure.

Can I ask when she was paying her arrears to the paying the bailiff or the council ?

I'll get confirmation on this, but I believe the council sold the debt to a debt collector.

Your friend isn't giving all info. For a bailiff to call they have to follow a set procedure.

There was no warning! He just showed up demanding full payment or he said he will come back and seize goods.

Thanks

Councils don't sell debts to DCA's. We would need more information. Particularly if the payment plan as broken with the council or the bailiff

Moved to Bailiff Forum

I still think your friend hasn't given you all info. Chances are they had a.letter stating bailiffs would be involved or were entered into a plan with them already. Because the bailiff has actually turned up its a shock to them and they've realised they're in trouble.

Hi, thanks for the help. I have more info. The payment plan is with the Bailiff.

Its a limited company with certified bailifs, thanks

Its Andrew James Enforcement Ltd

A Business rates issue? Is the Ltd Co still trading? When does this originally stem from? Were any goods seized & if so what?

Do you know if the bailiff called round two years ago and was allowed inside the property to seize goods. They usually don't take the goods unless the owner

does not pay, though the threat of taking the goods is often enough for the person to find the money.

However since your friend began the repayments there has been a change in the Law which bailiffs , being bailiffs, are sometimes keen to take advantage of so it

is important to know what the bailiff has done in the past as they will be adding their own fees on to the Council debt.

Is your friend paying the Council direct, or more likely paying it through the bailiffs?

At the moment we have only got the bare details from you which makes it difficult to give the best advice. Please don't take that as criticism as bailiff legislation

is not easy.

First your friend should check with the Council to see how much the original debt was, and how much is still due. [The bailiffs will have added their own fees on top, some of which may not be correct so the figure your friend has paid will not match up].

Then YF should write to the bailiff company asking for a complete breakdown of their fees from day 1 and by that they need to provide each and every fee added,

the day it was added and what it was for. Remind them that they are obliged to provide these figures by Law and does not require YF to pay £10 for it.

Then could you please ask YF if the bailiffs have entered the property; if they have levied on any items [and if so what they were as some goods are exempt from levies]. It is important to find out what arrangement the bailiff came to with YF as under the new legislation their recent visit could have added £235 on to the

debt. IE if they didn't enter, was the £100 per month agreement confirmed by the bailiffs or the Council and is there any written confirmation?

Lastly for now, if YF has a car to keep it well away from their house as bailiffs may well clamp it in order to force the full payment.

One more thing. The Council is responsible for the actions of the bailiffs so they cannot wash their hands of the situation and put it all on the bailiffs. I would

suggest that they write to the CEO of the Council stating that apart from the one occasion, the agreement has been kept to for almost two years so would be grateful if that could be taken ito consideration and allow the £100 per month to continue. If the Council agrre to that it would stop the bailiff coming back again

unless a payment is missed which it would be wise not to happen again.

The two above posts were not there when I began mine.

The two above posts were not there when I began mine.

Need to learn to type faster then - :hippie: - only joking.

Seems you're not the only one who plods!

Many thanks for the help! I have got more info from my friend...

Do you know if the bailiff called round two years ago and was allowed inside the property to seize goods.

Yes, they were allowed to come in.

Then could you please ask YF if the bailiffs have entered the property; if they have levied on any items [and if so what they were as some goods are exempt from levies

And yes, they did levied items.

Is your friend paying the Council direct, or more likely paying it through the bailiffs?

Paying the bailiffs

It is important to find out what arrangement the bailiff came to with YF as under the new legislation their recent visit could have added £235 on to the

debt. IE if they didn't enter, was the £100 per month agreement confirmed by the bailiffs or the Council and is there any written confirmation?

My friend is not sure, but she does remember signing something with the bailiff.

First your friend should check with the Council to see how much the original debt was, and how much is still due. [The bailiffs will have added their own fees on top, some of which may not be correct so the figure your friend has paid will not match up].

 

Then YF should write to the bailiff company asking for a complete breakdown of their fees from day 1 and by that they need to provide each and every fee added,

the day it was added and what it was for. Remind them that they are obliged to provide these figures by Law and does not require YF to pay £10 for it.

Ok thanks, this is what we need to do next then! Thank you for the help

Do they still have the Notice of Seizure & if so can you list the goods seized exactly as described.

A Business rates issue? Is the Ltd Co still trading? When does this originally stem from? Were any goods seized & if so what?

No not business rates, residential council tax. Yes the company is still trading.

Ok thanks, I will get the info tomorrow.

Can't be vehicles as they are on HPA.

I'm guessing TV, sofa, games console etc

She rang them again today, but they said they can't/won't stop the bailiff seizing the goods.

I thought of something today that might argue the case... At the time when she signed this document 2 years ago (walking possession agreement?), her child was suspected to autistic, but about 6 months ago he's been confirmed autistic, and is now registered disabled... Would this be a valid argument against the siezure of goods?

I think they are being very unreasonable over 10 days late payment, she hasn't missed a payment since the agreement was in place.

Thank you

No not business rates, residential council tax. Yes the company is still trading. I'm confused now, if a Ltd Co is involved then how can this be for Council Tax as?

 

Ok thanks, I will get the info tomorrow.

Can't be vehicles as they are on HPA. - could be if no proof of finance was provided

I'm guessing TV, sofa, games console etc - no good guessing I'm afraid

 

She rang them again today, - who - but they said they can't/won't stop the bailiff seizing the goods.

 

I thought of something today that might argue the case... At the time when she signed this document 2 years ago (walking possession agreement?), her child was suspected to autistic, but about 6 months ago he's been confirmed autistic, and is now registered disabled... Would this be a valid argument against the siezure of goods? Not so much any seizure but possibly renders the household as vulnerable against any enforcement involvement - but proof needs to be provided - letter from a medical professional.

 

I think they are being very unreasonable over 10 days late payment, she hasn't missed a payment since the agreement was in place. This is what happens and she only needed to be 1 day late.

 

Thank you

PT

Excellent advice that you have been given above. There are three important points here.

ONE

The levy had been made two years ago and therefore bailiff fees would have been under the old regulations and it would seem that AJ will be making an additional charge because of the default. The charge should e £235 BUT there could be a problem and it is therefore vital that your friend obtains a full breakdown of the PREVIOUS fees already applied to the account.

SECOND

Given that you friend has been making regular payments to the bailiff the 'levy' will not be considered 'abandond' but given the size of the original debt (£3,000) the levy and walking possession that you friend signed would a;most certainly be worthless as her goods would never have covered the debt in the first place.

THREE

Given the problem with the walking possession I would hazard a guess that AJ will be looking to enter into a NEW Controlled Goods Agreement. In most cases, I would not suggest allowing the bailiff into the property but sadly given the prior walking possession there could a risk of the bailiff enforcement becoming confrontational.

Hi all

Thank you very much for all the help and advice.

Some good news, the council have taken the debt back from the bailiffs and no recovery action is going to take place! My friend can now not worry about those heartless bailiffs.

Thanks again

A good Xmas present for them, I well pleased that sense has taken over.

Thanks again

Hi all

 

Thank you very much for all the help and advice.

 

Some good news, the council have taken the debt back from the bailiffs and no recovery action is going to take place! My friend can now not worry about those heartless bailiffs.

 

Thanks again

Excellent news and thank you so much for keeping the forum updated. It is always good to hear the outcome.

Your friend really should check the level of fees that have been added to her account since the Liability Order was issued.