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 arrived home yesterday to find a note through my door stating that bailiff had attended to remove goods as we had failed to contact then after they have made previous visits, we have had nothing from them before!! The company are Bristow & Sutor and they have been instructed to collect outstanding council tax. We were paying our council tax arrears up until November 2006 when my partner became job less, we are in serious finacial difficulties and only just manage to pay the mortgage, second charge and all the other agencies we owe money too!! I have come to arrangements with most which is a good thing.
I NEED HELP WITH the following: what are my rights with regards the bailiff? I am going to send them the letter that Zooman has written but I do not understand what my rights are. I am really worried that they will come back and so scared about them getting in. The debt is in my partners name but most of the stuff in the house is mine so surely they cant take it?? I cannot prove that its all mine either. I NEED SOME URGENT ADVICE ON THIS PLEASE AS I AM GETTING REALLY NERVOUS.
The one thing that really annoys me is that if Abbey National paid me the £4300 in charges they owe me I could clear the bl***y debt!!!!!!
Under no circumstances let them into your house, you don't have to. They will probably say all sorts to get in but they have no right whatsoever to enter your house without being invited in by yourselves. Make sure your windows and doors are closed, as they can legally enter through them if they are open. Basically tell them you have sent them a letter concerning this and will only deal with it in writing.
Good luck.
Pam.
If anything I've said helps you then please feel free to tip my scales!
There is a person on this forum called The Watchdog, she runs a company who give advice and actually deal with bailiff firms all for free. Find a post that she has written, click on her username and i'm certain her website address is listed there. I've looked at the website before and loads of good info in it. If i knew how to put the link in here i would!! Sorry and good luck. The bailiff Watchdog -
now im really worried, just been reading a thread posted by hostage29 stating that the bailiffs forced way into home and when he tried to get them out they assaulted him so called police, took police 2 1/2 hrs to get to him and then said bailiff reported him for assault and to drop the complaint!!
I have written my letter and will be sending today but am really scared as they seem to like to bully people, Im pregnant and have a young son and I really really dont want this to happen to me!!!!!!!!!!!!
hi alice, dont let my case worry you, my partner made the first mistake of answering the door.if you get a visit dont anwer and tell them to leave as its causing distress to you [ as your pregnunt ] and your child, or you will call the police.
I agree. Best thing to do is ignore the door when they call round. They'll hang around for a while but just ignore them. If you don't invite them in they can't do anything.
Ring up your council though and try to make an offer of payment - that should stop the baliff visits. Council tax and mortgage payments come first. Anything else must wait as they have no power to take your home or throw you in jail.
I have been in exactly the same situation. I was heavily pregnant when I answered the door to a baliff. I had no idea that I was behind with my council tax payments but the baliff wouldn't accept that at all. Sneak a peek out the window to see who is at your door first before you open it.
By the way, calling the police has little or no effect in my experience. They say it's not a criminal matter if you let the baliffs in.
Please please, everyone that is reading this post.....
Keeping behind your door is your right, but does annoy a bailiff and makes them more determined and adds so many more fees.
If you are worried, then please don't just think by being behind your door it works, as our office knows too well that they will push the issue and will force entry, which under a magistrates court warrant they can.
If your partner lost their job, and their is hardship, there are options depending on the type of benefit you get and other situations. We so urge people, please deal with the issue. by all means stay behind your door, but communicate with the Bailiff.
Yes they may appear scary and bossy and with attitude, but many good bailiffs are reasonable and if you don't have a good one, call us!!
bailiffs are becoming more and more aware that people are hiding behind their doors and is not helping, only making them more determined. Visits they claim for can be checked and verified, so don't be put off with their charges as you can and do have rights.
If you wish to know what sort of benefits will allow you to pay the debt off at a more reasonable rate, pls email. Many people when they lose their jobs or are going through a hard time don't realise how many options there are for assistance and to have debts frozen and interest etc, so whatever you do, don't just hide behind that door, or you will find the door with a locksmith.
Please please, everyone that is reading this post.....
Keeping behind your door is your right, but does annoy a bailiff and makes them more determined and adds so many more fees.
If you are worried, then please don't just think by being behind your door it works, as our office knows too well that they will push the issue and will force entry, which under a magistrates court warrant they can.
If your partner lost their job, and their is hardship, there are options depending on the type of benefit you get and other situations. We so urge people, please deal with the issue. by all means stay behind your door, but communicate with the Bailiff.
Yes they may appear scary and bossy and with attitude, but many good bailiffs are reasonable and if you don't have a good one, call us!!
bailiffs are becoming more and more aware that people are hiding behind their doors and is not helping, only making them more determined. Visits they claim for can be checked and verified, so don't be put off with their charges as you can and do have rights.
If you wish to know what sort of benefits will allow you to pay the debt off at a more reasonable rate, pls email. Many people when they lose their jobs or are going through a hard time don't realise how many options there are for assistance and to have debts frozen and interest etc, so whatever you do, don't just hide behind that door, or you will find the door with a locksmith.
Alison
ur right i wouldnt hide behind a door. i would open it and wrap a baseball bat straight round his kisser. baliffs collecting council tax cannot force entry, there is no power of entry attached to warrent. baliff fees regarding council tax recovery are set by law. they can only charge for the first two visits and they cant charge for letters. you can remind them of this fact.
Number 4, Stygia Avenue, Hell...come in, we have beer and Pringles.
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Re: Urgent help needed re bailiff visit!!!
Tevion, almost every post of yours contains actions that are not acceptable on this site. Tone it down, please; you should not be wrapping a baseball bat around anyone's kisser, let alone a bailiff's.
Tevion, almost every post of yours contains actions that are not acceptable on this site. Tone it down, please; you should not be wrapping a baseball bat around anyone's kisser, let alone a bailiff's.
WHY? what so special about baliffs. what u should have said is that almost every post on this site is about the unacceptable behavior of baliffs. i have seen other posts stating that people would use whatever action to stop baliffs entering their homes. baliffs work on intimidation, why shouldnt someone stand up for them selves. my views are mine as r urs and i wanted to exoress them. if u dont like them dont read them, and u dont own the site or voice the opinion of every one who views or posts.
Number 4, Stygia Avenue, Hell...come in, we have beer and Pringles.
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Re: Urgent help needed re bailiff visit!!!
CAG does not condone violence, nor threatening people with violence. If you're so tactless that you cannot keep your more intense feelings to yourself, then I advise that you sit in the corner until you've calmed down enough to post sensibly. Saying that they will use 'whatever action' is not the same as saying specifically that you'd 'wrap a baseball bat round his kisser', or whatever it was. I am not telling you what to do - I am warning you that that kind of post can lead to your posts being pulled and you de-registered with the site. You are also hindering the OP from getting on with their thread. I will ask you politely again - please do not advocate violence on this forum.
ok fair enough. i am not saying that violence is always the answer but if u are being threatened and facing aggression from an individual such as a baliff, then sometimes you have no other option. if you are being treated fairly and spoken to in an acceptable manor, then fine, speak to people and treat them as they treat you. however, as you know baliffs in general seem to treat people with little respect what so ever, make unrealistic demands, and usually try and threaten and intimidate people all the time. so sometimes you have to be assertive.
Number 4, Stygia Avenue, Hell...come in, we have beer and Pringles.
Posts
1,908
Re: Urgent help needed re bailiff visit!!!
Obviously, if someone is offering you or your family violence, then you must take appropriate steps to get out of that situation, yes. That's the safest and more sensible way to put it
HELP HELP HELP!!!!!!!!!!
I am in the same predicament as everyone else that has posted on this website re: Council Tax & Balliffs. I have arrears with my CTAX and the council got a liability order which meant they were taking 17% of my pay every month which left me little to survive on and meant that although I was clearing the previous years CTAX it meant I could not keep up with the current year so I fell into a vicious circle. I have got a new job and (touch wood) they have not tracked me down as in the ideal world I would like to consolidate my CTAX (this year and last year) so that I am paying the full rate for this year and alittle extra off of the arrears so that I eventually clear it!!! What can I do the council have passed it over to equita now who are demanding full payment. I hate not being able to answer my door but at the same time I am a single parent who juggles full-time work with studying and am really strapped for cash!!!!! Please help as I do not want to go to prison!!!!!
At this stage, many councils are being more than reasonable and are setting people up to agreements for liability from the year past and looking at the year ahead! So don't give up hope.
Firstly, please pay the council anything that you can afford at the moment. I appreciate that equita are collecting but at present, paying something is better than nothing and it will be passed to Equita in relation to the debt while they hold it.
I am in London all day tomorrow being Tuesday and not in the office, however if you make contact with Sarah, there is a number on our website to call, she will send you an authority to act form and we can try and negotiate with the council for you. We make no gaurantees to anyone, but we do try hard and have been very sucessful with councils seeing the benefit of reasonable amounts that someone can afford, rather than amounts that set them up to fail.
As silly as this sounds, even bailiff companies are reasonable for negotiation, I mean it! So if you are in doubt, dont ignore the bailiff it makes it worse. Sarah will look after you tomorrow and I am back in the office Wednesday.
You won't go to Prison! As long as you make a payment of something....and are seen to be trying. Besides, am sure your daughter/son needs you so prison for a single parent at any stage would be harsh. Chin up, don't open the door but maybe email or pick up the phone to find us.
many councils offer varius forms of help for different things including debt councilors. if you arranged to speak to one of these and explained your situation, im sure the staff working on CT deptment could hardly refuse your offer of payment when it was being recommended by one of their own.
Please please, everyone that is reading this post.....
Keeping behind your door is your right, but does annoy a bailiff and makes them more determined and adds so many more fees.
If you are worried, then please don't just think by being behind your door it works, as our office knows too well that they will push the issue and will force entry, which under a magistrates court warrant they can.
If your partner lost their job, and their is hardship, there are options depending on the type of benefit you get and other situations. We so urge people, please deal with the issue. by all means stay behind your door, but communicate with the Bailiff.
Yes they may appear scary and bossy and with attitude, but many good bailiffs are reasonable and if you don't have a good one, call us!!
bailiffs are becoming more and more aware that people are hiding behind their doors and is not helping, only making them more determined. Visits they claim for can be checked and verified, so don't be put off with their charges as you can and do have rights.
If you wish to know what sort of benefits will allow you to pay the debt off at a more reasonable rate, pls email. Many people when they lose their jobs or are going through a hard time don't realise how many options there are for assistance and to have debts frozen and interest etc, so whatever you do, don't just hide behind that door, or you will find the door with a locksmith.
Alison[/quote
it doesnt matter how many fees a baliff tries to add on he is only allowed to charge for two visits 22.50 and 16.50.
they are not allowed to force entry just because they have a magistrates warrant, theres no power of entry attached.
if a baliff said he was going to return with a lock smith and remove goods dont worry hes talking crap. he cant force his way in and if he did you could pursue charges of burgary. on top of that he needs a police officer present if entry were to be force. one more thing, if a baliff was going to use a lock smith, he would have to be certain that there were enough goods on the premises to pay the locksmith costs the baliffs costs and the original debt. the baliff would still have to pay the locksmith if ther wasnt which means he would be out of pocket and baliffs dont like losing money.
Tevion, I wish you what wrote was true, however reality is....
A bailiff can and will enter via a Locksmith if the need arises and I can assure you, we know this first hand. Under a magistrates court warrant they are granted that right, to which I don't suggest anyone try and challenge it.
The link to view these extra powers can be found here.
Our advice, don't avoid the issue, it makes it worse and each visit they are entitled to a fee.
A bailiff can charge standard fees, however many do charge a one off fee for a van or attendance fee when they first visit your home. While we dispute this, this is a charge that can be applied upon broken agreements etc and as stated, first visit can find its way into your fee charges.
While bailiffs for many are that scary unreasonable thuggish character this is not the case however stereo types are often easier with the media to believe in. We are not anti bailiff, anti the bad apples yes, but not all are bad apples. I sound like I am becoming a supporter, but in honesty I cannot say they are all bad, genuinly.
It is interesting to note...that when I first began our service I did a day with a Bailiff. It was of interest to see the other side. What I saw, and experienced were many doors knocked, lots of mistakes made on warrants that was frustrating for me let alone the Bailiff. A start at 6am that finished at 4pm, and no it wasn't a day that was tailored to me at all or our service, it was harsh reality. How much the Bailiff earnt that day? Nothing.
I am not defending what they do, nor condoning it in all circumstances as a method to use in this day and age. But....for every person that hides behind that door....if everyone did that....then the one person that was accidently home...would be the one person that wears for it all. Only adding a different perspective, trust me in our role, we get frustrated too!! I believe it is the system..not the Bailiff..guess thats why when one fails....we try the other!
as far as i am aware force of entry can only take place for criminal fines under a magistrates warrant not council tax, this is not a criminal penalty. i asked a friend whos boyfriend is old bill and he said i was right.
If you have aq problem with a bailiff company then search for it at companies house you will then get the option to download company info for £1 which will give you the companies directors and their addresses. write to them directly !!!!
Urgent help needed re bailiff visit!!!
had attended to remove goods as we had failed to contact then after they have made previous visits, we have had nothing from them before!! The company are Bristow & Sutor and they have been instructed to collect outstanding council tax. We were paying our council tax arrears up until November 2006 when my partner became job less, we are in serious finacial difficulties and only just manage to pay the mortgage
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Re: Urgent help needed re bailiff visit!!!
Originally Posted by The Watchdog
