Hi Nicholas I know exactly the situation you're in as I've been there myself. It is a truly terrifying experience to have these thugs turn up on your doorstep. Especially if said thugs totally misrepresent their powers, which is what is happening with the Equita bailiff. If they have never entered your home and you have never signed a Walking Possession Agreement (you didn't sign anything did you?) then they are totally out of order in saying they can force entry to your home and take what they want. Do not, ever, allow a bailiff into your home. Avoid even talking to them. Youmay be legally obliged to pay your council tax debt but you are NOT obliged to speak to a bailiff. Try not to panic, I know it's difficult, but the bailiffs really have very little power, if you refuse to deal with them then they have no option than to send the debt back to the council. But, I'm not an expert and there are plenty on this site who are, and who can help you. Stick in there, it'll be fine. Honestly. I didn't believe that at first either but reading posts on this site will give you the knowledge you need to deal with this situation. You just need to know your rights, something the bailiffs would rather we stayed ignorant of. All the best Eliza

Thank you all for your support and advice. I'll keep you updated as to what happens next. No bailiffs have shown up so far, despite their threat to come with a van in 24 hours. Can't help thinking that this is all so unnecessary...terrorising people for a few quid.

No, he didn't. But I shall give him seven days and then write to CEO again.

Hi Hallowitch I've had a response to my complaint but not to the letter you helped me with. THe Head of Revenues from the council rang me at home and asked "couldn't we sort this out on the phone instead of writing back and fore?"..I responded that although I was happy to talk I still require a WRITTEN response.

Hi dx, are you absolutely certain the levy/WPA is invalid at the new address?? I questioned this with the Head of Revenues & Collection at council and he said the address is "irrelevant" (really seems to like that word!) as my hubby signed the WPA it's "valid at any address where we reside"..now this sounds like another load of old you-know-what to me. Not only do the bailiffs misrepresent their powers but the council are at it as well/

Hey Hallowitch, No the Head of Revenues skirted that issue...kept changing the subject when I brought it up.

I should also point out that this same person accepted an offer of payment to be made weekly direct to the council using online banking and yet I STILL received the bailiffs letter threatening to remove goods tomorrow!

Hello All My OH signed a WPA in August 2008 at our previous address. The bailiff didn't gain entry and levied on a hired car in the driveway. Nothing other than the car was levied. I have made a complaint to the council as the bailiff has been threatening to come and force entry using a locksmith. The head of revenues/collections at the council spoke to me and said the fact that a hired car was levied is "irrelevant" and that the WPA is valid because my OH signed it! Hallowitch has helped me a lot and I thought I knew my rights after all the reading I've done on this site and the help the caggers have given me. However, I was totally bamboozled by the Head of Revenue's statement that it was irrelevant what was levied as the debtor's signature is all that is needed for the WPA to be valid!! Is it just me or is that a load of b*****ks! I feel I'm going around in circles here. Oh and another thing...I read somewhere (but can't remember where..or even if I flippin dreamt it) that a WPA is only valid for 6 months. Does anyone know if this is the case? Also, the bailiff levied on a brand new car (hired) worth approx £13k for a debt of £400!! Surely it's illegal for a bailiff to levy upon goods which are obviously valued at an amount far in excess of the debt? Thanks in advance for any replies x

?? What are "tatties poached eggs"?? Tatties is just another word for spuds/potatoes in Scotland, where I lived for many years. Chips are made from tatties too! lol Do you perhaps think that tatties means mashed potatoes?? This is so off topic it's ridiculous but it's keeping my mind occupied at least! lol

Hallowitch, thank you so much for your help. It really is appreciated. I tweaked the letter you put together and have emailed and posted it this afternoon and will let you know the outcome.

Aaargh, PLEASE stop going on about bacon!!! lol...I can smell it now and there isn't even any bacon cooking! I do, occasionally, (I know this sounds gross but plenty of my veggie pals do it too) have a smokey bacon flavoured crisp butty...just to stave the cravings. It's not quite the same though. The fake bacon you get in the supermarkets tatstes just the same as the crisps. Now enough...I'm really getting off topic now!! hehe

LOL..thanks for that Jimmy, you made me smile, which is an unusual occurrence these days I'm with you on that one with regard to eating nothing with eyes except tatties!!.

Thanks Rae, I'll keep you updated. I'm vegetarian but I DO miss bacon!!!

Treat us like human beings? Now there would be a novel experience. My hubby has his appointment with the specialist at 5.30pm Thursday this week. We'll find out if the cancer is back. It's all I can think about at the moment. Wish us luck. Thank you for all your support, I think I'd have gone loopy (my hubby would say I already am) without this site and the great advice. E

HiJimmy Thanks for your support. I have indeed thought about going to MP, press etc. I'm not particularly keen on the idea of having my affairs in the public domain and this is what has stopped me so far. BUT, I hear of this happening more and more and I do believe if no-one speaks out against such unjust and bullying behaviour then this will be seen as acceptance of it. And that can't happen. The hot potato may be about to land.

Hi Hallowitch and thank goodness you're here!! I know and you know that we are classed as vulnerable but the Council are not interested. And yes, I wondered at why they would try to get us to sign a further WPO in Niovember if they already had a valid one. The previous one was signed AUgust 2008. Over 16 months ago, even had it been valid in the first place, isn't it out of date now? I read somewhere it's invalid after 6 months. Do you know the answer to this? Any suggestions on how to escalate this issue?? I wrote to the Chief Executive ...how much higher do I have to go!

Hi Fluffy Bunny No, they gave no info on how to appeal or escalate it. Just ended the letter asking me to ring them to arrange payment of this year's CT. We are on benefits and claim Housing and CT Benefit so I don't know why they are demanding this. Obviously made a mistake.. was going to ring the woman who wrote the letter today but thought I'd get some moral support on here instead

Dear All I posted a thread about a bailiff from Rossendales on 2 Nov 2009 after he visited our home. I'd insert a link to the thread but afraid I don't know how. We've had an ongoing dispute with the bailiffs and the council now going back to the end of 2008 when we lived at our old address. Some may remember (esp Hallowitch, H Contrails TomTubby who helped a great deal) that my OH signed a WPO at the old address in Sept 2008 (in my absence) under duress, he was told this was an "Instalment Plan" by said bailiff, his first language is Dutch. He had no clue what he was signing. The bailiff levied on a hire car sitting in our driveway. I understood, after reading up on this site that the Levy was invalid as the car didn't belong to us. AND as the Bailiff didn't gain peaceful entry (just stood on doorstep) he had no right to claim he could return and remove goods even in our absence. Anyway, I've written several letters to the council. The last one on 4th Nov 2009 was regarding the visit on 2 Nov by the dreaded Mr CU****. I took advice and headed it FORMAL COMPLAINT, sent it via email and reg post to the CEO of the Council. I received a reply last Saturday (along with two further invoices for CT totalling £1200 for NEXT year despite the fact we are in receipt of HB and CT Benefits!) I don't have a scanner so I'll give you my question/complaint first (there are several) and then their reply: 1. I complained that no warning was given to us, at our new address, to advice us of the bailiff's visit on 2 Nov 2009. LA Reply: Once a Liability Order is obtained, and a notice of the intention to disrain is sent, a Billing Authority can instruct a bailiff at any time without further notification to the debtor. 2. I gave a detailled account of what happened that day, down to the bailiff shouting in the street that "this is what happens when you don't pay CT" to threatening my partner with physical violence "I'll thwack you in the face if you don't move". LA Reply: I have received a report on the incident from the bailiff. The use of intimidation, force and aggression are denied by the bailiff. All bailiffs used by the council are properly certificated and are experienced and knowledgeable in the law of distraint. THe bailiff also denies that the police attended whilst he was at the property. If they did attend you will have an incident number. Please provide this in order for the details to be checked. (I did ring the police while bailiff was here, he said he had to wait here until they arrived. I wasn't really thinking clearly and just wanted him gone so I said I'd told the police call had been cancelled. He left. The police still came. Despite our telling them that the bailiff threatened to assault my OH they didn't give an incident number and, in hindsight, I should've insisted they take a statement. They were very nice and told us never to open the door to a bailiff, keep all doors and windowls locked etc but seemed uniniterested in the fact that the bailiff thretened my OH. Naively, I believed that as we had witnesses then their statements (if it came to that) would be enough to prove to the council that the bailiff used aggressive behaviour. The bailiff, and the council are effectively calling me, my hubby and two other impartial witnesses liars!!) 3. I claimed that the bailiff committed fraud by charging a fee of £120 for "van". LA Reply: Please be aware that the costs are permissable in law and that no fraud has been committed. 4. I stated that the bailiff had no right to enter our property as he did not have a valid WPO. LA Reply: MR XXX (my oh) signed a WPO on xx Aug 2008, a copy of which is held at the bailiff's office. The bailiff had a right to enter the property to disrain on goods because Mr XXX had signed the WPO. (I have already, in a prev letter disputed the validity of this WPO both with the LA and Rossendales, both refuse to acknowledge that it was invalid as a hire car had been listed on it. Am I correct in believing that as a hired car was levied this rendered the WPO invalid?? Am I going mad!! lol Also, surely there's a time limit on WPOs? I read somewhere on this forum that they are enforceable for only 6months. If this is the case then it's obviously out of date anyway?) 5. I pointed out that on 2 Nov at our new address, the bailiff levied on goods outside the property which should they be taken wouldn't be worth more than about £2 in total! (a broom, a bucket and an old plastic garden chair!) but that this property belongs to our landlord. (Landlord lives in manor house, we have a cottage in grounds. There are many outbuildings, barns etc. None of which we rent/use) LA REPLY: The bailiff is entitled to levy on goods outside a property. THe bailiff report indicates that you were required to provide proof of ownership for these items but have not yet done so. (Now really!! They must be taking the you know what!! They expect us to "prove ownership" of a bucket, broom and discoloured manky old plastic chair?! When does common sense and logic EVER kick in with these folks!) 6. I asked that the council take the debt back into their administration as we are both on prescribed benefits, my OH is very ill, has suffered from severe depression for almost a year now and has had ongoing health problems which are being investigated. He had cancer five years ago and it was treated successfully but now it looks as though its returned. He had a CT scan last week and we must wait another week to find out if ithas come back. I'm terrified of what's going to happen to him and don't need this extra stress alongside the worry of waiting to find out what his prognosis is. LA reply - You request that you should be classed as vulnerable and that the Liability Order be returned by the bailiffs. In view of the amount of time the debt has been outstanding and the lack of any attempt to clear the debt I am unable to consent to this request. Please contact the bailiff to arrange payment of the debt. THe letter also stated that I have never made any payment yet I have made payments, online, directly to their account and can prove this to them. I know this was a very longwinded, rambling read and I do hope some of you managed to stick with me. Any advice as to what to do next would really be welcome. I'm so worried about my OH that I can't sleep or eat I'm so terrified that the cancer has come back. What do I do!??? No-one is listening. Despite the fact that the letter was sent to the CEO at the LA the response was from some Revenues Processing Manager. This person appears to either have very little knowledge of the law and guidelines in connection with bailiffs and their activities adn yet..how can that be possible? How do I get them to listen to me!? I honestly feel like screaming at the moment. Sorry to be so "all over the place" Please help! Eliza

We definitely need to do something about this company "Rossendales", I doubt the councils employing them are even aware of what decidedly dodgy and underhand methods they use. It is a total waste of resources to employ these "people". As someone else said here, Jimbo I think, they are preying on people who are in dire circumstances, financially and to place this added pressure is disgusting. What is this? Feudal Britain!

This is incredible..the courts MUST be aware of this when they issue certificates! This is so corrupt.

Hi there, I too have had terrible problems with Rossendales and have filed a formal complaint with Cornwall Council. He tried to charge me £110 for a "van visit". He was also aggressive and threatened my partner, who was simply asking him to leave our property ... he said he'd "thwack him one if he didn't move!" Nice. The bailiff in question has had his certificate revoked but reapplied using a different spelling of both forename and surname in order to get a new certificate. This info was given to me by the CAB. He threatened to break into our house by getting a locksmith, complete nonsense of course but it is a very frightening situation to be in. Good luck with your battle. I'll post when I have heard anything from the Council, it's been 3 weeks now and no correspondence received from them.

Hi Mr W, Remember my thread last week regarding Rossendales and the infamous Mr Curnow? Well, I was speaking to CAB today and they have discovered that this chap DID have his certificate revoked due to his misrepresentatrion of what he has authority to do (and not to do) BUT, he reapplied using a different spelling, i.e S Curnow instead of his actual name which is S kernow. So, he's fraudulently obtained a new certificate! He also charges folk £110 for a "van fee" which goes in his pocked. He's well known down here in Cornwall. Thought you'd be interested. (I've put all this in a letter to CEO of Cornwall COuncil, Plus my MP) Eliza

Hi Combathamster, I'm in a very similar position as the council seem to accept NO responsibilty for their employees, i.e. the bailiff's, actions. I'll be very interested to see if anyone can come along and help with this one. Good luck with this one Eliza

Indeed he is! Good name for him, he misinterprets EVERYTHING in his favour. Unbelievable

Hi Mr W Happy Contrails posted a link to a video on youtube which shows him in action and gives his name.