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skawarrior

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Everything posted by skawarrior

  1. Good Afternoon, I just wanted to chime in as someone who has struggled immensely over the last 5 years, I've had low income, a loss of jobs and a partner who battled depression. Over this time I've missed payments and in between made overpayments that saw my mortgage arrears go up and down. I have seen off 4 Eviction attempts and on almost every occasion it has proved to be my willingness to resolve the matter that has resulted in the rulings in my favour. The last eviction attempt was made based off an amount that totalled less than two payments in arrears and had saw me making overpayments for three months whilst my Mortgage lender insisted we no longer have a valid arrangement in place and they wanted full clearance or eviction. Don't give up, if you think you can stay in your home and repay the arrears go ahead and fight for it. Everyone with the exception of your lender wants to ensure you keep your home and that you can repay all money in a suitable timeframe without problems
  2. Quick google led me here, note a little down the page it says, A High Court Enforcement Officer is allowed to enter premises to levy execution. However, as with all bailifs they are not entitled to enter domestic premises where they are denied permission to enter BUT the High Court Enforcement Officer is allowed to enter by “peaceable” means – through open windows, unlocked doors etc. Commercial premises are different and they are allowed to gain entry (peaceable or not) as long as the residential property is not connected i.e. multi-use (pubs etc). Upon lawful entry into the premises any internal doors, cupboards or windows may be broken in order to execute the Writ. So if its for a business they would expect to force entry but I doubt that's the case with you now external link removed
  3. Well that was quick just got a reply from the e-mail Dear {SkaWarrior}, Thank you for your email setting out your recent experience with the Council's bailiffs. I have asked the revenues section to let me have details of the situation which led to the bailiffs becoming involved and what action they propose to take in the light of your complaint. Once I have this information I will let you have a full response. Yours sincerely {My Local CEO}
  4. I've already got a thread running regarding my dealing with Bristow & Suitor and outstanding Council tax but I thought if my question is answered it may be useful to others being in a different thread. When the bailiff calls it is most likely I will by out at work, I have a car on my drive which is absolutly knackered, to look at it though you wouldn't know as its all engine related. My question is even if this car was fully working I'd imagine its value is way less than the overall debt. Can it be levied against if it won't cover the whole debt? The Bailiff won't be given access to my home so the only property he has access to is this car. If anyone knows how it would be valued that would help too.
  5. Thanks for the advice Tingy, I called the Council today to ask for my account reference number so i could make an online payment. I know it's been said they will most likely refuse payment but the woman I spoke to turned out to be extremely helpful and offered to take a payment over the phone rather than have me go online to pay. I've made an initial payment of £100 which I intend to make on the 29th of every month. I e-mailed the council tax department and and equiries@ address for my local CEO. I'm in the process now copying both e-mails to a letter I can print and send recorded delivery to them both. So lets see if anything comes of this, any suggestions on how long to wait before following up these letters?
  6. Thanks for that, that's what I wanted to know I'll be leaving instructions that under no circumstances are they allowed in. I did want her to answer the door to hand the bailiff a copy of the letter I'm sending today. If I'm lucky they'll come one of the days she's not there and I'm at work. I've also got a second car which due to lazyness on my friends part is still in his name. As there is no evidence that I am the owner of the car it's just parked at my house I'm hoping they settle on levying that car and don't cause any real hassle on the next visit. At which point I'll send them a photocopy of the log book and declaration from my friend stating it's his car.
  7. That's my main concern there, my child minder may answer the door and although I know she wouldn't allow entry if asked could the bailiff just enter. Is an opened door considered giving them entry if she is standing in the doorway and requesting them not to enter?
  8. I'm currently following the excellent advice found on this forum regarding unpaid council tax arrears. I've contacted Bristow & Suitor with an offer of £100 per month (they want £111 per week) which they have refused. I've now adjusted the template letter to fit my needs to further ask for the £100 arrangement to be settled and to inform them I am unwilling to progress this case in any way other than in writing. I've had one visit during which time we weren't in and a letter was left with their demand for £111 per week. I've been informed that in order to secure an arrangement that may be acceptable I have to speak to the bailiff. I will not be allowing him entry to my home but my main concern is that three days a week my daughter is looked after by a childminder at our home. I'd rather not have to explain the in's and outs of this situation and ask her to not answer the door to anyone. So my question is this if I've informed Bristow & Suitor in writing of the following can he try to gain entry if my childminder answers the door but does not explicitly tell the bailiff he can come in. "Please be advised that I will only communicate with you in writing. I have noted your repeated attempt to contact me over and this will be duly logged by time and date along with any further contact attempts. Should it be your intention to arrange a doorstep visit, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you. There is an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance. This notice directs that you are not being given entry to my home or to levy goods contained within. This notice revokes your entitlement to charge a Walking Possessions fee and an Attending to Remove fee." I'm also a little unsure as to whether my car can be levied upon as it is the only means of travel to work 20 miles away and so without it I cannot pay the debt back at all. I'm sure I saw somewhere they can't take anything that is essential to being able to work but is this only in relation to a self employed persons tools etc.
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