Hi all, any help would be greatly appreciated! Sorry if it’s a little higgilty-piggilty, I’m not sure what info you need so trying to get it all down and time is of the essence…
I’ve just got back from university, spending Christmas at home with my mum and brother. However today a bailiff came round to the house and delivered this letter;
BRISTOW & SUTOR.
NOTICE OF INTENTION TO FORCE ENTRY.
I visited today to remove goods that were listed by a Bailiff on 19/10/2011.
These goods were not abandoned; they were left with you whilst a period of time was allowed for you to try to pay off this debt in full including costs.
You have not done so and the law therefore directs that the goods should be removed and sold.
If you refuse me access to remove these goods I have the right to break in to remove them, in your absence if necessary.
To avoid this you may ring me on the mobile telephone number below, to arrange to meet me to pay, or allow me access to remove.
If you are unsure of my rights to do this, I urge you to take this letter to a Solicitor and refer them to the Appeal Court cases of
Khazanchi & Another V Faircharm Investments and McLeod V Butterwick as reported in The Times law reports on 25th March 1998.
If I hear nothing from you by 10am tomorrow on the 22/12/2011,
I will interpret this to be a continued refusal of access and I will return to remove goods by forcing entry
if no one is present or if I am refused access by someone in the property.
It’s signed and dated today (21st)
The debt owed is for council tax. I am uncertain of the correct amounts but I’m of the understanding it is in excess of £1500
including the bailiff charges (which have been on going for a while).
I need to know my mother’s rights in this situation.
Unfortunately, she has allowed peaceful entry, so I believe they can force entry tomorrow.
When she allowed peaceful entry she did so because she was led to believe (by the bailiff) that he had a legal right of entry.
She was on heavy anti-depressants and pain relievers at the time, not really in the right frame of mind in my opinion.
The time they were granted peaceful entry they listed the few items of any worth across our home in an inventory;
(mainly wooden furniture of poor wear – the telly and all hopes of watching a Christmas film, and importantly my mother’s sewing machine, an item she relies on for her income!)
She has signed this inventory of goods ‘seized’.
We quite simply don’t have the money they’re after, the debt was owed back when my mother was in full time employment
(she’s been living in arrears since my parents’ divorce, paying off one debt but subsequently creating another).
She was laid off two years ago, and has been fighting her last debt since.
Currently she is listed as self-employed – specifically she’s working on an internet business which is barely making enough money to keep her.
This will however go under once they remove her sewing machine.
It is stated around the internet that bailiffs cannot take items which are necessary to create your income.
Now that my mother has signed this inventory is she liable to lose it?
Or does this make the inventory void?
Does it mean anything?
Baring in mind she was rather drugged up (the pain relievers are for two slipped discs – she’s been recommended not to consider spinal surgery because of her poor mental health;
the depression has been on-going for 15 years) when she allowed entry,
and subsequently not in a fit mental state, do they still have the same rights to enter the property again?
The excess charges are also ridiculous! I have a list,
I’ll post them in a response to this one as that’s really a separate issue.
What I need to know is do we have any rights against the bailiff tomorrow?