You may find it useful in your complaint to quote from the National Standards for Enforcement Agents. http://www.dca.gov.uk/enforcement/agents02.htm Ellie

Thank you Zooman - I will ensure that impatience/frustration does not get the better of me - and will give the company opportunity to respond first and go though complaints procedures etc etc...thanks very much also for the advice about costs I was not aware of that - incidentally is that figure a rule of thumb or set down in statute/statutory instrument somewhere?? Ellie

Thanks - I have read the the thread - but I would still prefer to go for a taxation hearing rather than a counter claim - as this would help in setting a precedent even if the case was unreported - the problem I have is that when I challenge fees on individual cases the bailiff company capitulates - but always says something along the lines of "we are entitled to charge these fees but as a gesture of goodwill etc etc".I would like a more persuasive decision that would apply in general which could be used for similar cases as a legal precedent. A decision from a District Judge would be helpful I think. E

I agree - it is appalling -although unfortunately for someone like me who's profession is debt advice -sadly all to familiar and definitely not a "one off". Maybelline - this is what I would do - 1. contact your MP if you have not already done so -and also find out who you local councillor is and contact them as well - if you phone your council authority office they will give your the details of your local councillor. Ask him/her what the council's policy is for dealing with vulnerable people. Your son's autism and the fact you are on benefit should mean they should treat you as vulnerable. Ask that the account is recalled from the bailiff due to your vulnerable status. 2.Try and get an appointment with a local advice agency or cab. It will help of the bailiff/council know you have sought advice. 3. As advised above do not let the bailiff in -and make a note of any dealings you have with them -useful in case of a complaint. 4. Don't bother trying to negotiate with the bailiff - as you have discovered they are difficult to negotiate with. If they don't collect they will send the account back to the council - who may well send the account to the magistrates court. Provided you attend the hearing and it will help if you have been for advice - the magistrates may write off some or all of the debt. Incidentally - the council has a duty to try to collect by all possible means before sending the account to the magistrates for a committal hearing - that is why it will have been sent to to the bailiffs first. Well done for complaining to the Local Govt Ombudsman - I would advocate anyone with any similar problems to do the same - I don't think the local authorities or the Local Gov't Ombudsman has any idea regarding how private bailiffs are intimidating people -and it is only by complaining that they will ever know. Good luck Maybelline xx

Sorry - an addendum - I notice that the form states it is in relation to distress for rent - can it be used for distress in relation to collection for other debts as well? Ellie

Martin - thank you for this -I have asked at my local county court about procedures for complaining to the court re certificated bailiffs and have not got very far. This will be very useful. Incidentally I was also thinking about an application to the county court for a taxation hearing for excessive (and I think illegal costs in relation to council tax -the bailiff has added £350 in van fees but does not have a levy). Any advice on this? Cheers Ellie

You might want to open another account though as recently banks are quickly capitulating to requests for refunds - but then closing the relevant account - be ready for this by opening another account for your income to be paid into - with another bank that you have no debt with.

Thank you for your welcome Karnevil. I cannot obviously comment about anyone else but I would never suggest a repayment plan if there was any query regarding liability for the debt - eg because the debt may have already been paid (it is very common for paid or settled debts still to be sold on) or because the lender has fallen outside the Limitations Act. I think the issue of bank charges has only recently been routinely dealt with - and unfortunately due to huge work pressures I think many debt advisers just don't have the capacity to take this on. I do try always to point out though that these charges are probably not legal and can be reclaimed - and usually suggest websites such as this one to do it. Becuase of sheer volume of people going to CCCs and CAB's I do think that the onus is on clients to emphasise that they do not think they are liable for the debt for whatever reason, and it is then reasonable to expect the adviser to act on this information and not to suggest a repayment arrangement before liability has been established.

Hi everyone - I am a debt adviser (for an independent charity) and have been interested and very impressed by the depth of knowledge on this site. Hope to learn a lot more and thereby improve the advice I give and also share my experience when I can. I have a particular interest in bailiffs and have been reading the threads with great interest, particularly in relation to council tax recovery. I would love to think that if enough bad practice was exposed then local authorities could be persuaded/instructed by legislation not to use this antiquated form of debt collection. Pie in the sky I know but I can dream... E