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.
I am writing as it is nearly the start of the new liability for council tax and councils and bailiffs are pushing hard to collect.
Funny though that they have collected 97% this financial year already, so it is the 3% left that they are chasing hard.
Firstly - Please be aware that Councils will take back a debt. If you are on benefits then there is often a means form to take it from the Bailiff back to the council.
Two - bailiffs that make unreasonable demands are out for their interests only, remember you pay their wages! If a Bailiff is threatening to take goods, it is often a scare tactic to force you into committing for payment and often more than you can afford. Don't be bullied. If the Bailiff is getting pushy, simply hang up the phone and re negotiate with the council and if all else fails, give us a call!
Three - bailiffs that threaten jail and commital and those that state they can enter with a locksmith can't. You have to be deliberately avoiding them for this to happen but they use this again as a scare tactic. They cannot take this measure untill you completely ignore responsability.
Four - Fees. These are set! Don't be fooled and don't pay for what you have not incurred as fees. If in doubt, it is on our site and many others. The van fee is often what is charged as standard, but if you are charged a van fee and they threaten to take vehicle when they arrive, or clamp, then it stands to reason they can't take a car with a car!
Five - A Bailiff only has as much power as you give him! To try and have people see this is often hard when they are intimidated, but you all have so many rights...a bailiff won't tell you that but we do.
So if you are struggling with Bailiffs this time of year....look for answers and give it back to your council.
Re: Council Tax Bailiffs -pls read all with questions
Great advice, but it raises some very interesting points!
1. The council took back a debt from bailiffs because they couldn't collect from my partner, but passed it on to solicitors without informing us that anything was happening who subsequently made her bankrupt. Appeal on 7th Feb.
2. I have complained many times about the bailiff's illegal actions over the years but the council have done nothing about it, and the bailiffs continue to intimidate.
3. I've been threatened with this in writing where the bailiffs stated they would be round with "a locksmith and the police" after falsely claiming they had a walking possession agreement.
4. They are supposed to list their fees seperately but I've never had an itemised statement, just a total outstanding. They are presumably (I wouldn't know for certain not having received a statement) claiming for home visits when all they have done is push a letter through the letterbox without even knocking - this has happened many times, including this morning. I work a lot from home and have two large dogs that bark the place down if anyone knocks. They don't.
5. Agreed - but they take little notice. They don't have the power to take my car as it's on H.P. and is for business use (i'm self-employed) but despite having told them this several times, verbally and in writing, they continue to threaten to do so.
What concerns me is that they continue to operate in this way and for me it's not just about knowing my rights, it should be about compensation for the stress and worry I have and still have to endure, wondering if my car is going to be there next time I look (I have no driveway or garage). How about loss of earnings for the days they said they would visit but failed to do so, or my ruined-with-worry Christmas when they said they were going to call on Christmas Day? What about the illegal threats as outlined in the above points? I'm now permantly in a state of stress, can't think straight, work has been affected, pains all over because of tense muscles and haven't slept for more than 5-6 hours a night for as long as I care to remember. That can't be right, surely, morally or legally?
Knowing your rights is a great start but the whole system wants scrapping. Unfortunately with this money-mad government it's worse than it has ever been.
Re: Council Tax Bailiffs -pls read all with questions
Seylectric, I totally agree. I think the best way to fight back is to SAR them and claim back the unlawful charges as we do with the banks. Also report them to Trading Standards with copies of their letters clearly showing abuse of their powers. Also report them to the courts.
Trouble is, not enough people actually make complaints through the proper channels.
I totally agree with you about compensation. I have read some very sad stories on here where folk have been worried sick and living in fear. I know bailiffchaser has successfully sued a bailiff company and won (although they have now appealed).
The certainly need to be held accountable for their actions. What is even more worrying is that it is expected that they will be given even more powers soon to include breaking in, in your absence, and the taking of pets. The thought of what lies ahead sickens me.
If you think my post was helpful, please click the scales
I will be in sunny Jamaica from 18th to 24 May thanks to Barclaycard
Re: Council Tax Bailiffs -pls read all with questions
I'm on it, when I can keep my head straight, but with the hassle of fighting my partner's bankrupcy which is hell enough given that it should never have taken place in the first place, it's difficult to find the fees the solicitor wants to fight it all and my own stuff - which is over unpaid illegally issued parking tickets (illegally worded, council have had to change the wording after losing several cases at NPAS and i'm refusing to pay) just takes up more time and a clearer head than I have at the moment.
I have a lot of money to reclaim from the banks over bank charges but again don't have the time or money to deal with it.
Re: Council Tax Bailiffs -pls read all with questions
I so relate to all you have written.
So many people are becoming more aware, but so many still are not, which is where we can only hope that more and more people look for information and rights.
As for the parking fines - I was happy to do this for you! I have the information bits but never got the definate go ahead, as we got their FOI report back two weeks and could definatley challenge their tickets! Pls let me know.
We just introduced a CCM system. Cold Case Management system, where those affected by bailiffs on older cases we are researching and taking on board. So far two uncertificated bailiffs and....totalling £18,972 in what is now legal action pending for the claim....you can fight back...its just in reality bailiffs and their companies know we all lead normal lives and don't have time or energy to fight back afterwards....I hope people do and if I can help in any way seylectric, give me the go ahead as said before..i only needed back the signed authority...we enjoy the battle...!
Keep reading and finding out what was and is or is not legal...you can even out the system for fairness...Alison
Re: Council Tax Bailiffs -pls read all with questions
Thanks, Ali, the bankrupcy thing is taking precedent at the moment as is raising the neccessary funds, which isn't easy.
I will get a case file together re. the parking tickets at some point - incidentally it's the same company that have been acting illegally as documented previously over the council tax issue, for which I will be seeking compensation regardless of whether or not we win the bankrupcy appeal.
Incidentaly the bailiff called the other day re. the parking tickets, didn't bother to knock but pushed the documentation through the letterbox - they seriously expect to be paid for a bailiff's visit for pushing a letter through the door? They could have sent it by Special Delivery for about £4 which is exactly WHY I will not pay up. I saw him note the registration number of my car, which is untouchable because it's on HP and it's for business use. I have already informed them of this in writing and advised them that they will not legally get in the house so to charge me for any further vistis is pointless and unjustified given the fact that it is impossible to gain anything form their visits.
What does annoy me is the fact that the council have been defeated several times at NPAS appeals becuase their tickets were illegally worded; they gave a date of offence instead of a date of contravention on the tickets - there is no offence and technically it's libellous to suggest otherwise - and they have now reworded their parking tickets BUT they still continue to allow the bailiffs to pursue those illegally issued parking tickets. That's the real issue that I want to fight but I don't have the time to deal with it all.
Re: Council Tax Bailiffs -pls read all with questions
That also pees me off. The council can issue tickets as it feels like. Also enforce them without anybody batting a eyelid. When the truth comes out ? Nothing they continue. What a load of [naughty word]!!!!
Re: Council Tax Bailiffs -pls read all with questions
Originally Posted by whatamuppet
Surely the question is why should the 3% not have to pay their tax when the other 97% do?
Heres one for all to read, council tax bailiffs have recently levied on my wifes vehicle which I have show is used in the course of her employment, they won't emove the charge saying they were unaware at the time, still unlawful I believe, also applied a charged on a day they did not attend my cctv confirms this. This is an attempt deception under the Theft Act, if they call again, ther are contionuing the attempt, 'any person may arrest any person FOUND COMMITING, such an offence, shall I arrest them and convey them to the Police Station. A Genuine question? Can anyone help me on this ?
Re: Council Tax Bailiffs -pls read all with questions
Originally Posted by whatamuppet
Surely the question is why should the 3% not have to pay their tax when the other 97% do?
Circumstances! Perhaps your life is so good that this doesn't apply to you.
You might, however, change your tune if you ever fall ill, have to support a sick relative or partner, run a business that crashes or become unemployed - to name just a few reasons why people can't pay.
Re: Council Tax Bailiffs -pls read all with questions
I am in dispute with Phoenix collections. They have said that they have a walking possession order, but I have NEVER let a bailiff into my property. They put a letter through my door today saying that they will come with a locksmith and the police within 24 hours, even though the case is being investigated by the council, as this is for council tax arrears. The council have ut a seven day stay on the account, but I wonder whether this will be enough for the council to now take this account back, as Phoenix have refused reasonable payment, and have also provided no proof of any walking possession order? I am sick of being bullied by these people. Why won't they accept reasonable offer of payment, we are on a low income and have children, this has to be stopped. A lifelong labour voter, I am now going to vote Lib Dem because they want to get rid of this most unfair tax.
Re: Council Tax Bailiffs -pls read all with questions
without a court order, no bailiff (with the exceptions of bailiffs recovering some income tax i,e revenue people, can force an entry into your home, neither remove or unlock locks with a smith or not. Make a written complain to both the bliff firm and the council and the bailiffs association. you have not signed a walking possesion order, but these unlawful poeple are capable of siging one for you! DO NOT ALLOW them in-ever! The council will accept your payments in the meantime-keep good records, send chques only or postal order and keep receipts. Write a financial statement, showing what you can afford-see the c.a.b. who will back your letters up! But a small cctv (£30.00) at home-base, set it up to your telly, records their attendances and keep a copy of the video. Start a log and write everything down. In time, they will get fed up and move on, the file WILL be sent back to the council, who will re-arrange another court date (the only option open to them)-you will then be able to tell a magistrtae what you can afford-never refuse to pay, but DO offer something-good luck, and stay calm, there are ways out of the mess!
Council Tax Bailiffs -pls read all with questions
are pushing hard to collect.
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Originally Posted by whatamuppet
