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 have an ongoing dispute with newlyn about old council tax arrears on a flat I own , they are 3-4 years that they now want payment from me for which was when the flat was rented but they have obtained Liability Order in my name , the Baliff now says he will come with a locksmith to my parents house and the flat and take possesion unless I agree to clear in installment's over 12 months which is not affordable for me being a single parent on Tax credits , I am sure they cannot do this but he is adament under levy and distress laws he can bring a locksmith to both addresses , I have offered £100.00 per month he wants almost £400.00 per month
The bailiff cannot seize goods from your parent's property as the debt is nothing to do with them or their address,as regards to your flat i'm afraid that unless your tenants at the time informed the council that they were living there at the time the debt arose, or the fact that you neither told them at the time that you were renting your property out, you are liable for this debt.
As to regards of their monthly amount requests, go to your council explain to them your income and outgoings and the fact you are a single parent on a low income,they should then contact the bailiff's to reduce your rate or even take the debt back.
Good Luck
Thanks, but can they take a locksmith and enter the flat I own, I am not staying their at the moment but have possesion's in there , I have fully paid last years council tax and have just received this years bill but this relates to 2001/02/03.
I did explain to the baliff I can make an arrangement now to clear this in installments so am not refusing to pay but he said if I don't agree to £300-£400 a month by monday he will bring a locksmith to both address and I could go to prison also?
No No No
They cannot send you to prison infact i now urge you to go the council and tell them of their actions,if you have not let them in your property or signed a walking possession they cannot enter your property,they can however climb through an open window,have you been shown a warrant of distress,execution warrant or any other letter of authority from them,if not they have no rights.
And i cant see how they can use a locksmith at your parents house either, bailiff's will use many scare tactic's to make you pay as quick as possible.
Once again i urge you to contact your council and the citizen's advice .
I have called the council and they say they have no responsibility any more for this debt it is entirely with newlyn and they can take what ever recovery action is necessary to recover although they did say it is very doubtful that they could break in without the Police and they would need a warrant of arrest. I am going to now phone newlyn Head Office now and see what they say.
Your council ARE responsible for your bailiff's actions,phone them back and ask them who you need to go through to put an official complaint against the bailiff's actions.
no bailiff can say that you can go to prison ,this is mis conduct on their behalf and is a reportable offence and also the threat of using a locksmith.
Are you receiving any benefits such as income support etc etc ??
once again offer them a monthly payment that you can afford,state to them that this is your only offer you will make.
you must treat the bailiff the same as he treats you,he or she is no better than you and never will be,bailiff's are people who go through life with no remorse to their actions, in fact they hide behind their jobs coz they wouldn't be able to fit into the life that the rest of us normal people live.
keep pestering them with your offer and ask the manager of this obvious cowboy outfit where his bailiff got the right to threaten you with prison.
Also state to him that the next time a bailiff calls all of the conversation will be recorded.
Hi curlysmum - the council do ahve to atke responsibility, but are sometimes loath to do so.
If you PM me with the court, i will find out the head of bailiff departments name and this is the person you need to complain to about his actions. He could potentially lose his certification and bond.
Alternatively, go on her majesty's corts website and find the court and it may well tell you on there. It also has a PDF for you to download to complain.
You can also compalin to the local governmnet Ombudsman that the council are refusing to deal with the bailiffs they retain and won't look into your dispute about what's owing - both of these actions should make both the council and the bailiffs start to abide by the book.
All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.
The police do not attend with bailiffs unless there is a breach of the peace. They are not there to assist bailiffs to enter a property. If the bailiff has never gained peaceful entry ( ie you have let them in or they have walked though an open or unlocked door or window ) they have NO RIGHT to force entry. There is also something called the National Standards for Enforcement Agents which they should be adhering to. May also be worth checking what kind of charges have been added to your bill as a result of the bailiffs involvement. Where no entry has been gained they can only charge £22.50 for a first visit £16.50 for the second visit. If still no entry they cannot charge you any more that this.
Newlyn - Levy & Distress -can they break in.
about old council tax arrears on a flat I own , they are 3-4 years that they now want payment from me for which was when the flat was rented but they have obtained Liability Order in my name , the Baliff now says he will come with a locksmith to my parents house and the flat and take possesion unless I agree to clear in installment's over 12 months which is not affordable for me being a single parent on Tax credits , I am sure they cannot do this but he is adament under levy
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