Hi Everyone Everything was going quite well and i was able to keep up the payments but my circumstances changed dramatically in June when i was only able to make half the amount i agreed to pay monthly. I fell pretty ill due to a load of pressures on me and came down with serious depression. My doctor issued me with a sick note - a "statement of fitness for work for Social Security or Stautory Sick Pay" and signed me of work for 3 months. 1. I contacted CCCS and sought their advice. 2. I have written to BOS and gave them a detailed explanation of my situation and the recent change in my circumstances. 3. I submited my financial statement and list of creditors requested a 4 month holiday 4. I am just applying for Employment Support Allowance. But, BOS already has a possession order on my property and i am not sure if they will consider the change in my circumstances. Can anyone pl give me some advice on what i can now do? Many thanks/BF

Hi PT - many thanks. I'll wait for a couple of days, go through their letter again and then may be ask them for an explanation/clarification. warm regards/BF

Hi PT Thanks for getting back - yes they hv asked for my financial statement - which i hv submitted by email but the scanned doc was not legible for them. I think thats the reason. Hard copy had been forwarded. They have stated that they would attach to what ever benefit i get and they are also seeking commital hearing. sorry i ommitted this infor in my earlier posting. basically they really do have it "in" for me. I guess i caused a lot of problems for them having written to the various people CEO, Councillors etc. and threathening them with a writ for global levy. thats why i was asking if i can get some guidance on how to negotiate with them now. Many thanks/BF

Hi Seanamarts many thanks for your fast contact. basically, i just need some guidance on negotiating with the council on the repayment of the debt. Do I just submit them a financial statement and a list of creditors and then offer a monthly sum? many thanks/BF

Hi Everyone, WE HAVE SUCCESS!!!!!! I received an email from the Council that the debt has been recalled and no further action will be taken by the bailiffs. They said that as there has been no actual restraint on any of my goods they ask that i take no further action on the summons i requested the magistrataes court to issue. (under regulation 46 of the Council Tax (Administration and Enforcement)Regulations 1992. so - the first battle is won and i am really grateful to everyone. Thank you, thank you, thank you. if it were not for your help, support, guidance - i would have gone mad!! i would not have had the strength and focus to keep going. but the war goes on .... they said that hopefully, i will qualify for council tax benefit, but there is no right to withhold payment of Council tax pending assessment. Basically they said that if we cant come to a suitable arrangement, they will take deductions from Job seekers allowance or Income support etc. and ultimately put a charge on my house and send me to prison. so what next? how do i negotiate with these guys to get them to accept my proposal. I am a little stunned at the moment. thanks again . All the best/BF

Hi Everyone

Hi All, just to keep u updated: 1. have written to leader of the council 2. hv been in real bad shape in the last couple of months and my doctor gave me a sick note for 3 months off work. so hv sent a copy of this to the council 3. wrote to magistrates court and requested them to issue a summons on the council as a result of their bailiffs serving me global levy and claiming i signed a walking possession order which i had not 4. notifed council of same 5. advised council that if their bailiff di return with a lock smith, my 88 year old aunt and i will not let them in 6. i hv also completed the housing benefit and council tax benefit caim form and Employment will try and submit these today thanks to everyone and all the best/BF

Hi Seanamarts and Hallowitch many thanks for your contributions and advice. I'll get on it. Great help!! thanks/BF

Hi Hallowitch, i sent them an email notifying that i have now got a sick note and that i shall be apply for various benefits Regarding payments to the council - they told me not to send them any payments to them - but to the bailiff. so should i just make the payment by cheque in favour of the council, but send the cheque to the bailiff? i hv started preparing my letters to CEO and Concillor but these will take me time to do as i have to look for a new nursing home for my brother as the current hospital gave a deadline of 05 July. many thanks/BF

Hi Hallowitch, Thanks for your post. I guess that clears the matter. The bailiffs can gain entry as long as they notify me the date and time in advance. But in my case - there are the following a) i have a vulnerable person b) I did not sign a wlaking posession agreement c) the notice of siezure is incorrectly completed - in that they have applied a global levy so how do i apply these - i have already notified the council and copied the bailiffs? I have also been to the local police adn showed them the Walking possession agreement. The police said that the levy was improper and global. They also remarked that the signature was not like mine!! but they cannot do anything as its a civil matter. I am writing letters of complaint to the CEO and the councillor and that all takes time. But in the meantime where do I stand and how do i try and stop the bailiffs from returning with a locksmith? thanks again BF

HI All, since my post earlier, i hv delivered the letter to the magistrates court. in the meantime, i had a doctors appointment and unfortunately broke down whiilst seeing my doctor - having explained all my problems. he gave me a sick note and took me off work for 3 months and some serious medication and advised that i can apply for Employment Eupport Allowance and various benefits which i am in a process of doing. no further news so far from the bailiffs. look forward to hearing from soon. thanks/BF

HI All i have a bit of an emergency as the bailiffs have now turned up at the door to "remve goods" - i told them that i have a dispute with the council. i told him i was not letting him in and he said he will return with the lock smith. i have also requested the magistrates court to serve a summons on the council by virtue of regulation 46 Council tax (Administration and enforcement) Regs 1992 immediate worry is the bailiff - i dont want him to return with lock smith and force entry. furthermore i have my old aunt here. i am, of course notifying the council that i have requested the magistrates court to serve a summons. got to go serve the letter on the court so hoefully i'll hear from you soon. thanks/BF

Hi PT yes thanks - been going thru the thread and my various letters. I'll get my act together and just get it done. Thanks again

hi PT many thanks - will you pl give me some guidance on how to approach this as i seemed to hv hit a mental block! The whole thing revolves around their intransigence and refusal to acknowlege the inappropriate behavior of their contractor. many thanks/BF

HI Rae thanks Rae - good point!!. you are right - no i did not send a formal complaint. Actually, I think it worked out better - as now i have better ammunition for that. I will have to do that after the weekend as i got a pile of stuff to do this weekend. All the best/BF

Hi Thanks Hallowitch for your fast reply. This is a very, very useful piece of information. I can put it to good use. Many thanks indeed. I'll get cracking on to it after the weekend. I am going to see if we can get another 5/1 over the fritz fraternity. (Er- i say that in the nicest possible way) That will cheer me up. Come on England!. All the best/BF

Hi All I sent a really detailed letter to the council and i think i am nearly there. However, the councilare still holding ground that a) on the Vulnerable status issue, - I do not qualify b) They think the signature on the walking posession is mine! - even though i said i never signed one c) On the subject of citing the Ambrose v. Nottingham City Council - they tell me that i hv to take this up with the bailiff. They maintain that the bailiff is totally independant - they got nothing to do with the Bailiff. Is that really the case? since they instructed the bailiff to act on their behalf and the bailiff works for them.? Acc. to this site Council Tax and Bailiffs I should serve a summons to the council Before i do the deed - can anyone tell me this case number? I think this case was also cited by Tomtubby who is a CAGGER Many thanks/BF

Hi - Thanks Rae, PT, Hallowitch and every one. You all hv been a tower of strength. I know its not over yet, but i could not have come this far without yr input, help and support. I've had enough now - its time to put this to an end. i got work to do and other bills to pay - i just dont have any more time for this. I am going to spend the next few days.. through to the weekend to finalise this. I will take a dynamic and positive approach and write to the various people and authorities mentioned in the thread, now that its pretty clear where I stand. To quote the great prophet El Ali Bin Derek Trotter - "Who dares win Rodders - Mange tout" I'll let you know how this whole thing finishes. Thank you all. All the best/BF

HI Rae Many thanks for your input. I'll write to the Council again and try and argue the "Vulnerable Situation" issue. Yes - i'll also contact my local MP etc. I'll be back on line later in the evening as i got to be off now .. first bit of business prospect for nearly a year thanks again /BF

Hi All, One thing i need to clarify - the Vulnerable status - does this apply to the person or the household. in the early part of this thread, my 88 year old partially blind, partially deaf and partially disabled aunt can be classed as vulnerable. Rae (Kelcou) is of the view that her vulnerable status applies to the household. I told the council that it applied to the household. They disagreed. I tried to do some research on this but cant find anything. Can some one tell me a source i can use to substantiate this. I went on Department for Constitutional Affairs - Enforcement - National Standards for Enforcement Agents but there is nothing there to establish if the vulnerable status applies to the person only. Many thanks BF

Hi All, well i phoned the council and basically they said i must contact the bailiffs and get their complaints procedure - (which i have done but they hv not replied) I told the council that the signature on the Walking Possession form is not mine. I also told them that the inventory on the Notice of Seizure of goods is "irregular" but - their response was that i hv to contact the bailiffs. The lady said it was none of their business how the Bailiff conduct themselves!! When i told them I would report this to the police and issue a summons against them (As Per Hallowitch's comments Ambrose V Nottingham council) I was told by the council that they will contact the bailiffs to call me. They do not seemed to be concerned on any of my comments even when I told them that the signature on the Walking Possession form was not mine, nor the fact that the notice of seizure and walking possession was not given to me on 22nd Sept 2009. So I sent them an email to the council as follows : Further to my earlier email, I am formally writing to request for my debt to be removed from your bailiffs as the levy fails the tests set out in the Ambrose judgment (AMBROSE V NOTTINGHAM CITY COUNCIL) because your agents have carried out an all goods levy. The inventory or list of goods left by the bailiff lists only 6 items where the last three were[/font] All pictures/ornaments All Furnishings All electrical items This levy fails the Ambrose case and is, therefore, be irregular. I understand that you do not have copies of the levy - I am writing to you and will attach copies. I shall be most grateful if you will be so kind as to reply to me within 12 days. I have been advised that failure to comply with this will be grounds to issue a Regulation 46 Complaint in the local Magistrates Court and I shall seek further legal advice over this. Furthermore, will you please note that the signature shown on the Walking Possession form is not my signature. Yours sincerely, +++++++++ pl let me hv yr comments All the best/BF

HI All thanks for your comments and contributions. The Bailiffs droped a letter - "Notice before Removal" dated 02/06/2010 whilst I was away from home and they state that they will be attending within 48 hours with a locksmith and the police if necessary to gain entry to my property. I did not see this letter till just now. i am contacting the council and phoenix again but this will take time for them to receive. i am going to take this to the police and show them as i hv to go away on business the rest of this week and i cannot cancel this. i'd appreciate any comments or suggestions pl. thanks BF

Hi PT, Hi Rae, yes its actually great to see you after a long "Sabbatical". I'll make some copies. the items he listed - the first three are correct - but then he did barge in past an old lady - so whilst he was in the hall - may be he could have made a note. the remainder are "All pictures /ornaments" "all furnishings" "all electrical items" As PT mentioned, until today, i hv never seent his doc. and they did not leave me with a notice of seizure. this was attached to the fake walkin possession they sent. this is the first time i hv seen both these documents. the date of this document does match the date they claimed to have carried out the walkin possession. However, there's no time mentioned. so it seems that its my word against theirs... which leaves me at a disadvantage....however, anyone looking at the documents could see that the signature is totally not mine. i can report this to the council, the police etc. is there anyway i can apply for the possession order to be " striked out" in a court? thanks/BF

HI PT good to see you again. well they have a copies of my signature due to the letters i have written to them -(see this thread) and four letters requestig them copies of the walking possession. but anyone can see tht its not my signature - and its in the hand writing of the bailiff - who wrote the walking possession!!! anyone can see that. he did not even change the pen !! Its unbelievable. !! well i hv to write to the council - and declare this as a fake. is there a bailiff "organisation" ... like "Association of bailiffs" to whom i can report this? what do you suggest - as the council takes so long to reply to a letter. thanks/BF

HI sorry for being quiet but theere was nothing to post as i was waiting to hear fromt he council and the bailifss. have finally heard from the bailiffs - who sent me a copy of the walking possession. i am totally amazed - they faked my signature. I never signed such a document. the hand writing is nothing like mine - yet the bailiff had the audacity to fake my signature and list some goods - in the same handwriting - any comments - what do i do now?? i am just totally amazed. regards BF