Hi hoping for some quick advice

. I stupidly let them in

signed a controlled goods agreement and I've defaulted.

They've issued me with a 're.entry notice giving me the 2 days notice and they will be back today.

Albeit not here yet.

My question is can they take goods not on the agreement.

More info needed... What was the debt for etc (Solely because this may affect the advice we can give you)

A CT Liability order will be different to a Consumer Credit Debt - They could potentially take items which are not on the Controlled goods agreement if the amount that they are trying to rcover for isnt reached with the items they had i believe.

IE lets say you managed to get a new TV but messed up with your payments and defaulted - They could also include the TV to cover the amount (Extra charges for revisiting etc)

Hi thanks for the reply. It's for council tax, sorry I should have put that.

So its a CT liability order thats been issued?

Beyond this i cant help that much further but ill see if someone else might beable to come along and assist / advise.

Yea it is. Thanks very much fkofilee

Others have more knowledge.

Can you list the items shown on the agreement ? If the items are needed to live e.g furniture, do you have other similar items ?

I doubt they will come tonight, just in case they need a locksmith, if you did not let them in. Even then they would have to load a van.

More likely to visit tomorrow or Monday.

If you can make payments to cover the one you missed and say the next one due, phone them to see if you can pay, rather than hassle of another visit to you.

Hi listed is

Tele....its knackered worth about a fiver

Wardrobe...would leave me with none

Chest of drawers...wardrobe and chest would fall apart if moved

Microwave

Three piece suite..would leave me nothing to sit on as I have no dining table

Side tables..worthless

Lamp...now broken but still here

That's it.

Debt is £3100

I've just found my council's code of conduct for enforcement officers and it states no goods to be taken without prior agreement from the council. Also states unless goods cover at least 30% of the debt ...mine clearly don't ...then they should not be removed.

What are the chances that they do actually abide by the code of conduct?

Well im sure they cant take the sofa can they? There is a list of stuff somewhere that they arent allowed to take, might be worth searching!

Aye there is it's a bit ambiguous. If they have to comply with their code of conduct then I don't think they can take anything.....hopefully

Well im sure they cant take the sofa can they? There is a list of stuff somewhere that they arent allowed to take, might be worth searching!

The agreement signed is probably not valid, as the items listed should not really be included and the value does not really go towards the amount owed.

If they visited, it would be purely to put pressure on you to seek help of a friend or relative to pay your debt. They are unlikely to take the items listed.

See this

https://www.citizensadvice.org.uk/debt-and-money/action-your-creditor-can-take/bailiffs/your-belongings-and-bailiffs/what-goods-can-a-bailiff-take/belongings-a-bailiff-can-take/

Thank you. It's just dawned on me that the list has been done without any real thought that it won't cover the debt so that they can add the fee on

A bailiff will take any measure required to secure a debt... Especially a Council Tax one but there are rules about what they can and can't take...

What was the payment arrangement?

They couldn't take the sofa if it is your only seating.

Yes, they can take the other items if they feel they would sell, but that sounds unlikely.

They can however remove goods not listed on the controlled goods agreement if the listed goods are insufficient to clear the debt or more goods are found that can clear more of the debt.

Most of the items will probably be exempt, they must leave sufficient furniture to allow the entire family to sit,

beds and bedding they can't have,

along with other household essentials.

They can't force you to take off a watch, chain or ring you are wearing,

if jewellery is lying around they can have it away.

Busted and Stupor are noted for trying it on and threatening to clear a house including snatching exempt items.

 

I've just found my council's code of conduct for enforcement officers and it states no goods to be taken without prior agreement from the council. Also states unless goods cover at least 30% of the debt ...mine clearly don't ...then they should not be removed.

 

What are the chances that they do actually abide by the code of conduct?

I would suggest that you call the council on Monday and bring the Controlled Goods Agreement to their attention. It may be useful to also send a text message to the individual enforcement agent regarding the local authorities Code of Conduct.

Given the size of the debt, the matter of bailiff fees is of limited importance right now. Have you previously had bailiff visits or payment arrangements etc?

Yea I have a bad few years with council tax.

It's not for the property I live in I'm up to date with that

. I bought my parents house, cheaply I'm far from rich, many years ago.

My dad died 5 years ago leaving it empty

it's taken me this long to get it in a saleable condition

as per the rules for council tax on an empty property it went up to 150%

I'm really struggling.

I wouldn't mind it's going up for sale next week

The sensible thing for Council to do is to put a charge on your For Sale property (which Bailiffs prob knew nothing about) rather than remove your cr@p furniture.

Offer that as a solution before the Bailiff's call again.

They don't like removals as auction price may only realise only 20% of value, still leaving you with balance of debt.

I assume your house value is sufficient to clear the debt, even if sold at auction?

AFAIK Bailiffs can remove any items listed on the Controlled Goods Agreement that you signed.

Thanks.

who do I offer this to

as this is the scenario I am trying to get.

The bailiff wasn't interested when I tried to explain

said I am liable for the council tax and it didn't matter.

Yes it will more than clear the debt and then some.

Although im hoping for a normal sale rather than it going to auction

Also tried speaking to council who say its with the bailiffs now speak to them.

Round in circles

So they can't remove things not included on a CGA?

be very careful of people that post here with what, if you weigh up what the majority of posters indicate, gives a totally different appraisal .

that's why the post has now been removed.

everyone is not necessarily here to help YOU..

dx

So they can't remove things not included on a CGA?

The only goods they can actually take away to sell on a revisit are goods they have under their control, unless the find items of value which were previously hidden. But then they would have to go through the process of taking control of these other goods in your house or remove them into safe storage for a period.

Why would B&S find goods of value on another visit they had not seen before ? If you have inherited items of value or gotten hold of items of value since, i would suggest you have these removed before a revisit, otherwise yes they would be at risk.

Get onto the council first thing Monday morning. If you are using a Solicitors to sell the house and the house has plenty of equity, i am sure the council tax liability can be resolved in a amicable way without too much extra cost being added.

Thank you everyone. I find it bizarre that people would take time out of their day to knowingly give wrong advice on here. Takes all sorts I suppose

We have current or ex bailiffs post comments giving a different view. It is just their view on the matter.

Also sometimes the legislation passed by parliament is clear as mud and therefore it is open to interpretation.

And you have different opinions on way forward. Hence dx comment to look at what most people are suggesting.

Remember that the council owed the money have a responsibility to review ways you have available to settle the liability order. Selling these household goods is a waste of time. As long as you are trying to deal with the matter as best as you can.

I see Thankyou.

I've emailed the head of revenues collections requesting he look into placing a charge as an alternative, and explained the goods are all but worthless. Their own code of conduct says the bailiff must obtain prior permission from the council before removing goods for a CT debt so hopefully he won't be able to obtain this.

Thank you I do really appreciate all your advice. They've not arrived yet odd considering they were insistent they'd be here at 3.30 yesterday to remove