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  1. this just happened to a friend. .. warrant was issued 12 months ago to old address AFTER the new rules came into force. the 12 month period has just elapsed, my friend expecting that "it's safe to come out now" contacted the bailiffs by phone. Note, my friend was found and contacted about a month ago only by email and no evidence has been provided so far to confirm the debt was valid, they sent each other a couple of emails mainly disagreeing with each other. It turns out that one of the emails sent by the bailiff (2 days before 12 months passed) was their idea of a "payment agreement".. . of course this was never acknowledged of agreed to by my friend and the exact wording I am waiting to find out, can the bailiff simply create this payment agreement without agreement from the alleged debtor? The result is that the bailiff has reset the 12 month clock with a simple email. Please someone tell me this isn't right. Thanks
  2. Action Fraud has seen an increase in the number of small to medium sized businesses being contacted by fake bailiffs requesting payments for a phantom debt. The [problem] involves the business being cold called from someone purporting they are bailiffs working on behalf of a court, attempting to recover funds for a non-existent debt. The caller will then request payment by means of bank transfer and if this is refused, will threaten to visit the premises to recover the debt that is owed. A range of different businesses are being targeted; including Nurseries, Manufacturers, Hotels and Taxi Services. http://www.granthammatters.co.uk/action-fraud-warns-of-fake-bailiffs-phantom-debts/
  3. I am in a huge mess financially and I lost my home last year due to the fact that I couldn't afford the Bedroom Tax - my son had moved out etc. I have moved into my Mum's house where my brother also lives. Several weeks ago I received a Bailiff letter from Bristow & Suitor (for Council Tax at my previous address approx £1000) and I paid him £50 over the phone (he had posted a letter through the door) I then arranged a temporary payment of £10 per week for 8 weeks after which a review would be conducted. I only work a few hours a week - and failed to make a payment due to not earning any money that week - because of this, they have removed the temporary arrangement and have said that I now have to wait for the Bailiff to call. I am worried that the Baliff may call whilst I am not in and my Mum being confronted by the Bailiff and/or him attempting to take her's or my brother's property. I use my computer to earn money - I do online Market Research after my Benefits were stopped a year or so ago and couldn't get a job - can he take my computer? Is there a possibility that he could take my Mum's or my brother's property? My Mum is getting on and wouldn't know how to deal with a Bailiff. I intend to carry on paying the £10 per week - even thought the arrangement has been withdrawn as at least I will be paying something. I am terrified I could end up in prison and I would really appreciate any advice.
  4. In September 2013 I started writing on the forum about the procedure that debtors were expected to take in cases where a bailiff took control of a vehicle (or other goods) that either did not belong to to debtor or which the debtor considered (for one reason or another) to be 'exempt' from being taken. To avoid repeating myself a copy of the thread is below: http://www.consumeractiongroup.co.uk/forum/showthread.php?418396-Third-Party-Goods-Interpleaders-and-the-serious-potential-to-damage-the-new-Bailiff-Reforms-on-6th-April During that period (mid to late 2013) I spent a considerable amount of time writing to many organisations (including finance companies etc) and in my correspondence to government departments, I urged them to consider implementing a procedure whereby debtors could avoid the costs (and considerable delay) of court action by the debtor making an initial 'informal' claim to the enforcement company. I was delighted to hear that my suggestion was implemented (with minor amendments) and the position from 6th April 2014 is that instead of a debtor (or third party) having to issue court proceedings a simple informal procedure MUST first be made to the enforcement company within 7 days. The procedures are outlined under section 85 of the Civil Procedure Rules and came into effect on 6th April 2014. If a debtor considers that a vehicle should not be clamped or removed as it is thought to be 'exempt' (maybe as it is subject to finance or 'necessary' for employment) ) then it is a simple matter of writing to the enforcement agent to outline the reason why the debtor considers that the vehicle is 'exempt' and to provide any supporting evidence. The enforcement agent must then serve the creditor (normally the local authority) with a copy of the claim and the local authority must decide within a specified number of days whether they 'admit' the claim. If they do, the vehicle is released. On a personal level I have prepared many of these 'claims' over the past 7 years and so far....not one has ever been rejected and the goods are released. As long as the supporting evidence and 'reasons' are clearly outlined there should be no problem at all in the goods (normally a vehicle) being released. It would seem that in the past couple of months debtors are (for one reason or another) bypassing this initial procedure and instead.....making an application to the county court for an injunction. Unfortunately debtors are quickly finding that this procedure is not only wrong but is very expensive and can lead to their car being held in storage etc for a long period of time.
  5. The following news story appeared on SCOOP last night and involves a bailiff from JBW Group. A judge told Birmingham Crown Court that he feared the public would think him "mad" to not send the 32-year-old to prison A violent dad who refused to pay a parking ticket has been jailed after he threatened to stab a fines officer when the penalty spiralled to £400. Robert Hunter was sentenced to 15 months after threatening Craig Fishwick with a kitchen knife when he called to his home on Yarnfield Road, Tyseley. A jury convicted the 32-year-old at Birmingham Crown Court after hearing he told Mr Fishwick: "You're not taking my f ****** car, I'll stab you." Jailing the dad for threatening a person with a bladed article, Judge Roderick Henderson said: "The public would think I was mad if I did not send to prison immediately someone who behaves like this." Hunter received the fine last year, but left the fee unpaid, the Birmingham Mail reports. Mr Fishwick, a collections officer with 20 years experience, went to Hunter's home with a bill for £400 on July 16, but received no answer when he knocked the door. He pushed a note through Hunter's door and later received an aggressive call on his mobile. When Mr Fishwick returned, Hunter opened his front door holding the knife and threatened the fine collector, making a 'stabbing motion' and lunging forward. But Mr Fishwick said Hunter never got closer than four feet away from him. Judge Henderson said: "You got a parking ticket and you neglected to deal with it, I suspect. "Lots of us have been irritated by parking tickets. "While there was some impulsiveness in what you did, you knew what it was about, you knew you were stuck with the fine. "You chose to go to the door with a knife." The judge went on: "If you had connected you might have caused very serious injuries. "The reason the courts and public get so wound up about knives is because they cause devastating injuries and can kill someone." The court heard Hunter had a previous conviction for criminal damage and possession of an offensive weapon from 2009. In that incident he smashed the window of a bus with an extendable baton after a passenger gave him a dirty look for parking in a bus stop. Martin Liddiard, defending, said since that incident Hunter had become a dad-of-two and was settled down and working. He said: "It was spur of the moment and reactive. It was very short-lived." http://www.scoop.it/t/lacef-news http://www.mirror.co.uk/news/uk-news/youre-not-taking-f-car-5799147
  6. Hello friends, First post so please excuse my very minor knowledge in the matter I need help/advice with. Lat week a bailiff from Crewe county court knocked on my door stating he had a warrant from the court regarding a ccj issued on behalf of United utilities water plc, I said I had no knowledge of the issue and he left, he left a mesage on my answer machine the following day asking me to call him. After reading information from various sites I decided not to call (unsure how I should have proceeded or what I would say) I came home last night and a letter had been hand posted through my door that is essentially a photocopied template with details filled in by hand. It contains yesterdays date (hand written) a claim number (hand written) a warrant number (hand written) the claimant (hand written) the amount of £1,192.08 (hand written) and a stamp that says the bailiffs name, bailiff, Crewe county court and below that a telephone number and a second stamp saying 'URGENT' The writing states that the warrant has been issued for the payment...... ....or removal of your goods to the saleroom unless within 24 hours the above amount is paid into the court office, you will leave me no alternative but to carry out the warrant by re-attending your premises with the auctioneers van and porters to remove your goods to the saleroom to satisy the warrant. You will have to pay additional removal fees and auctioneers costs. The bailiff has never been into the property to levy goods, can he simply turn up to collect goods, especially if I am not there? I feel i must say that this situation is not come about because I simply refuse to pay, it is the net effect of family seperation, and 2 redundancies within the same year that have compounded financial issues. I am a single father of two kids that live with me, I work full time but earnings only cover basic living costs....there is certainaly no lifestyle to talk of. I have a number of other debt issues but this is an immediate problem I am worried about. My car is an old banger and probably has a value of £200 tops but it is essential that i keep it for work commuting and hospital appointments (my youngest has a heart condition and requires regular visits to liverpool chest and heart hospital and alder hey) Could someone please tell me how to proceed, I have almost no assets, live in rented accomadation, and wages dont cover the cost of living ...i have nothing left to pay off debts and they are compounding badly. Last year I let a bailiff in and he levied goods against a council tax bill which I am paying £112.50 a month for to stop him taking items away which means I cannot afford to pay the current tax.. ...as an example of the situation getting worse. I hope this makes sense. Thank you for reading. Mark
  7. Today I received a visit from a Horrible woman from Ross and Roberts about outstanding council tax with Birmingham city council. I did have a payment arrangement set up with Ross and Roberts which I had been paying for the roughly the last 6 months but with receiving the current years water and council tax bills I missed Aprils payment. I was hoping to pay make two months payment later this month to catch up but they have sent out the bailiffs. My 6 month baby (Hasn't been well last couple of days) was sleeping when the agent came and starting banging on the door. I wasn't going to open the door but unfortunately she claimed she saw me through the letter box and she started shouting and banging louder and I was worried she would break the glass on the door. She shouted either I open the door or she would come in with the police and a Locksmith. I asked her if we could speak outside or in her van and that I know she can't force entry as she hasn't been inside my house before for this debt. She said she was willing to talk outside but insisted she had a right to gain entry with a Locksmith with the police in attendance. She then went and sat in her van we talked through the window. As I was willing to pay the two months installments I asked her how much was the minimum she was willing to accept to which she replied £500 and she telephoned someone for call for a removal van and told me I had 30 minutes to find a way to make a payment. otherwise she was going to add charges for the removal van. I told her let me call someone to see if I could raise the money but knowing I wouldn't be able to raise that much today I called payplan to clarify if she could gain access (Wasn't sure if the law had changed last year). When she realized who I was talking to she said I now only had 10/15 minutes to make payment and started to call (she claimed) the police and locksmith and shut the window on me. This shook me up but luckily I still had payplan on the phone who reassured me she couldn't get into the house and police wouldn't do anything unless their was a breach of peace. After 15 minutes the bailiff banged on the door and asked if I was "Going to pay" and I replied I can't she said I 5 minutes before the removal van arrived. As she walked off the drive she pointed to the neighbors car and asked if that was my car, I told it was the neighbors. She realised where I worked (I was wearing my uniform as I was getting ready to go to work) and checked the car for signs it may be mine. She then went to my other neighbors house and knocked on their door. I told she has no right to discuss my situation with them due to Data Protection Act but she told me to shut up and stepped into the neighbors house. While she was in There I left my wife and baby home and locked the door went to move my car (parked at end of road) to somewhere else in case the neighbors tell which is my car. On my way back home I phoned Ross and Roberts office and asked to complain about their agent but was told I had to complain in writing. I told them their agent was threatening to break in and was also discussing my case with other people and asked them to call her and tell her to stop but they claimed the couldn't. On returning home I informed the bailiff that I spoke to Ross and Roberts and event they said agent couldn't gain access without a warrant and that I had a right to see the warrant but she just laughed and the office would just have sent me back to her. Couple of minutes later she drove off. I was wondering if someone could advise if the bailiff had a right to talk to my neighbors as I believe I should have been protected by Data Protection Act. Also does anyone have the email address to who I could complain to, in order to get her to back off as I'm worried she may return and harass my wife and children when I'm not at home. I already had to phone in sick as I got late for work dealing with her. (I think I have seen email address of someone at Birmingham city council on the forum before but cant seem to find it today) Any sample letters/emails I could send would be greatly appreciated, as would any other advice. Don't know if it matters but I also can't see her name on Justice . Gov Thank you in advance.
  8. I had a visit from a Bristow & Sutor Bailiff this morning regarding outstanding Council Tax. He said he wanted me to come up with £200 by tomorrow morning or he would remove my goods. I said I could not afford that amount and he said that I should borrow it from someone. I politely told him he would not be allowed entry to my home to which his reply was he does not need my permission to enter my house a s the law has changed and it is a criminal offence to obstruct a bailiff and I would be arrested if I did not let him come in to remove goods. What I would like to know is, is this true? I have small Children in the house which he was aware of.
  9. For a few years now I have been burying my head in the sand over my debts and have decided now I need to deal with them as they are looming over me like a dark cloud. My situation is: Housing: Tenant/rented accommodation Income: ESA/DLA I have been contemplating bankruptcy for a while but the stigma and shame is holding me back. I have a breakdown of my debts: Mortgage express-£64,000 (This is the main reason for this thread) Mail order-£1400 (no payment plan in place) Mobile phone-£209 (no payment plan) Credit cards Vanquis credit card-£195 (pay £1 pcm) Link financial (Barclaycard)-£1950 (pay £1 pcm) Tesco credit card-£2400 (pay £1 pcm) Egg (now Barclaycard)-£5100 (pay £1 pcm) Capital One-£451 (pay £1 pcm) I am thinking of writing to all my credit card companies and request they write off these debts where I have been paying £1 pcm to each of them for approx. 4 years now, what is the likelihood of them executing this request? I am thinking of the same action with the mobile phone debt and mail order. I cannot agree to a payment plan as I simply do not have any surplus income. If they refuse, do I set up a £1 token payment plan like the credit cards? With regards to the mortgage shortfall, this has been on my file for approx. 3.5 years and I haven't had the chance to dispute this amount (I had a buyer that the mortgage company refused to sell to as I would not sign an "acknowledgement" of the "£64k" alleged debt). If they had accepted the buyer, then this debt would have been approx. £18k, but they decided to proceed with the repossession (negative equity) and this resulted in this amount. They have written to me a handful of times over the last 3.5 years but no action via the court as yet. As I want to deal with my credit file, would it be wise to instigate communications with them so this can be settled via the court?
  10. Hi All, I have been helping one of employees out as he does not speak good English - and I have been in his position in the past. He has various debt which he is trying to resolve. One of these is council tax from several periods, at a previous property. One period had gone to DCA stage, a company called Ross and Roberts, the other part was threatening letters from Birmingham City Council. After trying to contact and reason with Ross and Roberts and failing due to awful tele clerks, I spoke to BCC and asked them to intervene. They worked out a repayment of 40.00 per week from the Ross and Roberts side, and 28.00 per week for the part still with Birmingham City Council. My employee paid both payments to Birmingham City Council, a total of 68.00 Per Week. As Ross and Roberts were never paid direct, that side of the debt escalated and an enforcement fee was thrown onto the amount (which was only 400 pound approx to begin with) of an additional 275.00 Ross and Robert had written to my employee saying that he needed to pay them, but the amount owed was to BCC. He didnt undertand this correctly. As it had got to this stage, the process went to enforcement. I contacted the Bailiff who stated that the minimum immediate payment would be 175.00 plus a payment plan. I contact them twice more to see if they can lower this to 100.00, but the ladty never called me back after she promised that she would. Is there anything that can be done? Rob
  11. Hi all. 3 weeks ago Rundles sent me a "notice of enforcement". They said I owed council tax from 2010/11. We had been under the impression our landlord was paying it, which was incorrect. I cannot find a copy of my tenancy from this date to prove this, however, so accept I must pay it. However, this is the first contact I have had in 5 years. Rundles refuse to provide me with a copy of the liability order or any relevant documents showing what we owe etc. Rather than provide a copy they have just proceeded to threaten a removal of goods , "with or without" us present. Am I right in thinking I have a right to proof of the debt etc. from them? Also, had we been aware the LL wasn't paying, we would have applied for council tax benefit for which we would have been entitled. Is there anything we can do about this now? Thanks in advance for all help
  12. Almost on a daily basis I receive an enquiry on this subject from either a debtor, solicitor or a police officer. Hopefully this thread will assist. Under the new bailiff regulations an enforcement agent has a general right without a warrant to enter debtor’s premises to search for and take control of goods. The legislation is Paragraph 14.1 of schedule 12 of the Tribunal Courts and Enforcement Act 2007 In cases where a Controlled Goods Agreement has been previously signed, the bailiff may have re-entry rights into the premises under Paragraph 16.
  13. This thread seeks to examine the provisions contained within the Tribunals Courts and Enforcement Act 2007 in regards to the protection of vulnerable debtors.
  14. Hi I really hope someone can help me, I am absolutely pulling my hair out with an ongoing council tax issue. There are a few issues which I'll try and break down as best I can without waffling! I have posted on here already about an issue with my council and Marstons bailiffs. My car was taken for an unpaid council tax bill of £217 in 2013. The car was worth £2,500 and sold at auction for £1100. The bailiffs added a sum of around £800 in illegal charges, which I'm STILL disputing with them. I escalated my complaint through the council who took no responsibility for the illegal actions of the bailiffs employed by them. I then took my complaint to the Ombudsman who said it was a financial issue and to seek legal advice. At the time, the council broke down what they thought was owed on that account and stated that actually there was an amount of £531 owed not £217 and that just over £300 had been allocated against this bill from the sale of my car. Meaning at the time it looked as though Marstons kept £800 from the sale of my car. There is a long thread about this issue detailing why the bailiffs acted illegally. I havent been able to find a solicitor that deals with these kinds of issues so I'm stuck. The second issue is, all of a sudden, I've had 5 or 6 letters about very old outstanding council tax bills from shared accommodation. One of the letters was about the £531 that my car was taken for!!!! The letters were all very unclear about what is owed and any payments made against these accounts, so I asked for a proper breakdown of each account and also asked why I am now being pursued AGAIN for a debt that should have been paid by the seizure of my car. In the councils initial email response, they said that only a payment of £20.34 had been allocated from the sale of my car against that outstanding amount!! I replied immediately and asked the council to hold any action on all of these accounts as they clearly had incorrect information and I asked for proper clarification and details of all payments allocated to each outstanding account. In the meantime they have sent each outstanding account to the bailiffs again, adding £75 on to each account. In their latest response, they have not acknowledged my request for clarification of what has been allocated against the £531 for the sale of my car. And have told me I must deal with the bailiffs if I have issues with the account. Honestly, I don't know what to do. I have been fobbed off at every point of this ongoing problem. I am happy to pay anything owed, even though the old accounts were in other names, not just my own. But it's disgusting my car was taken and sold for £1,100 and it looks like Marstons have kept it and I'm now being pursued for the same debt with added charges!! Help please!?
  15. I had driving offence just before Christmas 2014,, was fined by magistrates court amount £500.00 .. I am on benefits ,spoke to clerk of the court on phone requesting £20.00 per week on payment card ,, made 3 payments on card , benefits were taken unlawfully from bank account , had no money to feed daughter or pay bills for 2 weeks ,unable to continue to pay off fine on card. I received an enforcement notice from excel civil enforcement dated 18/02/2015 asking me to contact them before the 28.02/2015, ,,i am on benefits ,I am 30 yrs old benefits each week amount to £110.00 per week , I am a single parent . I rang excel on the 26th of February ,,they told me that the minimum I could pay was £35.00 per week ,despite me informing her I could not afford that much , she said I would have to make 12payments of £35.00 and one single payment of £20.00., ,despite my protests and telling her numerous times I could not afford that amount out of my weekly benefit amount of £110.00 per week shewas insistent that they would not accept anything else , I made an arrangement for the amount of £35.00 per week to be direct debited from my bank account . I made a £20.00 payment , ,but before any of the direct debits could be taken ,my benefit money was unlawfully taken from my account which left me with £4.82 p to live on ..in the meantime ,I contacted the police about money being removed from my account , ,they gave me a crime number ,,I was borrowing money from family land friends for basics ,food ,gas and electric ,dinner money for my 8 year old daughter ,this morning ,27 th March ,,excel bailiffs knocked on my door at 6.30 a.m ,,intending to remove goods ,informed me that he was recording and filming all conversations and what was happening . I asked him If I could call the court office when it opened at 9 oclock to tryand arrange a payment and explain the situation of all monies being taken from my account unlawfully also asked the bailiffif he would be prepared to do the same thing arrange payments ,,he said no ,he was there to take the payment in fll ,which amounted to original £470.00plus the compliance fee £55.00 ,plus enforcement fee of £235.00,,. ..told me that if I didn,t pay him the full amount he would get a warrant immediately to remove the goods ,,told him that they were on hp ,he said he would take the only settee I had ,it would be sold for next to nothing and that he would come back for more ,,I tried to make a payment arrangement with him numerous times but he declined each time and stated that only full payment would be accepted he was not prepared to come to any payment arrangement of any kind and that it would be a waste of time ringing the magistrates courts as that they were the ones that had sent him,as he knows what they would say , ,and they woud not be prepared to come to any arrangement as they would only tell me exactly what he had told me i.e. payment in full as he knows how they work .I asked my friend over the phone to pay £301 on his debit card ,I had to pay £100.00 out of my rent money ,then contacted my father over phone who said he would pay the remaining amount £360.00, ,I asked him if he could go to my fathers to fetchthe 360 ,then wait until 9 a.m.for me to contact the court office to speak to them and try to make other payment arrangments and after he picked the money up from my father he could cme back to me to find out what the court had said ,but he said no ,as his vehicle was tracked ..I had to telephone my friend again ,who was in work ,who offered a part payment of £300.00 and then would he come to an arrangement with my self to pay the remaining balance in instalments I could afford ,but the bailiff said a firm no !!..payment mustbe made in full today. .Now I have no money for rent ,for food ,for gas for electric etc;; ..despite me informing the bailiff , I have his name ,of my situation and that my 8 year old daughter was upstairs who would go hungry and cold ..after payments were made by my friend and father ,,he then wroteout on a form a controlled goods agreements ,,Ido not understand why he handed methis controlledgoods form and made me sign it after thedebt had been paid in full ,I am destitute ..please help
  16. Hoping someone can help me with this - seem to be hitting a few brick walls trying to find out correct information myself. (please be nice, I'm a newbie!!) My partner had a judgement order to pay his ex's court fees of £5,500. This was due early October 2013. As a single dad on a low income he did offer in October to pay £100 per month but this was rejected. The next he heard was when the bailiffs came knocking at the door. They claimed they could seize and remove his minibus, and called for a tow truck. I asked what needed to be done to to stop them removing the vehicle, to which I was told the debt had to be paid, I informed them the debt could not be paid in full (they had added charges bringing the total to approx £7816.61) but agreed to make a part payment until I had got some advice. I paid £3,000 on my credit card. It was only after I had made a payment that they would let me read the paperwork inside (it was dark outside at the time) and we discovered that the mini bus was in fact a protected good as tools of the trade, they were therefore not entitled to remove it, and I felt they had obtained the payment through misrepresentation and under duress. The following morning I contacted the bailiff to request a breakdown of the charges, a copy of the writ and request my £3000 back as they had taken a payment under false pretense. They still have not provided a copy of the writ or breakdown of the charge and claimed that the mini bus was not exempt as they believed it was being used for personal use - its an 18 seater VOSO regulated mini bus that has a tacko fitted! he also has a car. When I pointed that out they said they weren't aware of that or that another vehicle was available, I pointed out it was no excuse as they are required to make an assessment with due diligence. The writ has now been stayed pending the balance being paid £100pm to his ex. So I have 2 Questions.... 1) What is the balance? We have written to the ex for her bank details and stated that of her £5500, £3000 has been paid and 25 monthly payments will follow. She has written back saying that its 48 payments of £100 to include the bailiffs costs - can she enforce this? How can we check what she has been charged for and get a copy of the writ? 2) Can I get my £3000 back as a chargeback? I have phoned tesco credit card, they said no as I had willingly handed over my card and therefore entered into a contract with the bailiff? Not accepting this answer I have written to them with a sworn affadavit stating the payment was under duress and the baliff had made a false representation to gain a payment.I have rung them again yesterday to get an update, they say it will be next week before it gets reviewed due to a backlog in that department, but they weren't encouraging as they said it had already been refusedonce. Am I correct in thinking that if the charge back is successful, the £100pm order will still stand, but the bailiffs will go after the ex for their fees as she will then be receiving the payments directly? Sorry for the ramble but there is a lot of back ground! any help greatly appreciated
  17. With over 16,000 visitors viewing the following thread it is proof that there is a huge public interest in these notices...and yet.....almost all debtors are not told the reason why they should display (or ‘deploy) these notices....what they are intended to achieve...what to do if they are ignored....or most importantly; whether such notices are effective. http://www.consumeractiongroup.co.uk/forum/showthread.php?392005-Removal-of-Implied-Right-of-Access-notices.....CIVEA-advises-bailiff-companies-to-IGNORE-the-notices Enter the words 'Notice of Removal of Implied Right of Access" into Google and you be directed to various websites with an interest in Freeman on the Land movement. There are many such websites including , Get out of Debt Free, Freedom Rebels, Fmotl (Freeman on the Land), Eureferendum, tpuc (The Peoples United Community) , and others. With the notable exception of websites advising about TV Licensing, the notices are rarely ever recommended anywhere else. This thread is not intended to criticise any of these ‘movements’ (Freeman on the Land or others) and if offence is taken, it is certainly not intended. On 6th April bailiff law as we have known it for over 100 years will dramatically change. Under the new regulations, enforcement agents will not be rendered a trespasser. Also...and this is vitally important..... from 6th April 'wrongful' levies will no longer be deemed 'illegal'. Instead, they will be merely 'irregular'.
  18. Hi, i really need some good advice on what to do. i was silly and made a mistake about settling up my council tax and stuck my head in the sand. I got two enforcement arrangements made and passed over to jacobs. i set up a payment plan with them which was more than i could afford. they were supposed to take payment every month. I'm not someone who regularly check my bank statements and didn't know the payments had not come out. they said they sent me a letter but i never got one or a phone call. I came home and found a letter in my door saying if i don't pay in 24 hours, that they were going to take my possessions. the debt is for 1700 and i simply don't have the money, i live barely hand to mouth as it is and struggle all the time. it says that if i don't pay in full within 24 hours they will take everything. i have hardly anything of value and the letter even says they will take things even if i am not there. what am i supposed to do? what can i do? jacobs head office says everything is in the hands of the enforcement agent now and they can't/won't re instate the plan with me and its at the sole discretion of the bailiff. what do i do? i have a car i use to get to work, i live in a somewhat remotes area and without it i couldn't get to work. i won't let them in at all but they say they can come in without me there! i tried calling the bailiff but got no answer other than to leave my name, number and postcode and he will get back to me. do i need to stay home to make sure he won't come in? i know i was stupid but i tried to fix it but i don't know what to do. i live in a rented flat with my partner and we really struggle financially. do they have to agree to a payment plan? please give me some advice, please.
  19. The following story appears on SCOOP today: http://www.scoop.it/t/lacef-news An angry householder, armed with a knife, chased two court bailiffs down a street whilst threatening to kill them. Arfan Bhatti, 46, who was jailed for six months, was furious when the officials arrived to pursue a £132 debt in relation to a traffic fine from a magistrates court. The bailiffs claim Bhatti chased them for about 100 yards putting them in fear of their lives as he yelled he was going to "stab" and "kill" them. He then went back into his home in Byfield Drive, Wigston, before reappearing without the large kitchen knife to shout and swear at them, as they took refuge in their van. The victims, who had already called for the police, drove away. When arrested he claimed he did not initially realise the two men were court bailiffs. Mr Murphy said the background to the incident related to a £332 fine from Hertfordshire Magistrates, towards which he had already paid £200. A warrant was issued and on March 25 last year the bailiffs arrived at 10am and, despite cars on the driveway, there was no response to their knocking. One of them went to the back door and another went to the kitchen window, where the defendant was seen inside brandishing a large knife – prompting them to flee and one of them dropped his clipboard. Mr Murphy said the victims had told him they were "officers of the court." Bhatti pleaded guilty to possessing a knife in a public place and causing an affray. Judge Michael Fowler said: "I accept it wasn't planned, but you responded to those bailiffs carrying out their duty in an unacceptable way.
  20. Hi all having a few problems Had a liability order against me and the OH I accept no probs, I have defaulted on the agreement with the council as money dried up and had to choose between food and heat or paying, I have paid just over 1/3 £950.00 remains They have given me 14 days from 15-12-10 to pay in full.or they will pass to the Baliffs. they go on to tell be about the Admin & enforcement act amended 2006 From what I have read on the forum this does not sound right.( some is but not all) 1st no distress 24.50 2nd 18.00 leveying distress 24.50 for 1st 100 24% 100-400 4% 400-1500 no need to go on as £950 then Walking Possession 12.00 Close Possession 15.00 per day it says these are fix by law at the end it states If the baliffs are unsucessful, the council will make an application to the court for your comimtal to prison, It is not that I won't pay it's I can not pay at the moment until the money cones in. The other thing at the start of the letter it states Various properties year outstanding 2010. I don't have or owe for any other property, so what is that about. Questions 1- Can they charge all of the above, I undestand some of them, but not the close possession @ £15.00 per day. 2- And what of the chances of being sent to prison. 3-what is the variuos property's about? 4- do they have to give me more time as there are some bank hols in between. Hope some one can help, as just found out the OH is expecting, It's alright for these people in recovery they get there monthly wage, sometime I get no payment or very little for 2-3 months at a time. Thanks in advance Leakie
  21. Hiya Any help would be very much appreciated please. Started up in business in 2003. Due to the recession the business was closed in 2008. Due to lack of money the vat retuns from july 2007 to oct 2008 weren't filed until close of business at end of 2008. The said returns were all sent together with a covering letter stating the business was now closed and I was de-registering for VAT. They replied and sent a form to fill in to officially de-register, which was duly filled in and returned. Somewhere around 2011 I received one of there yellow surcharge letters saying I hadn't filed my vat return on time so a surcharge would be added etc. I phoned up and was told there must be a glitch on the system and to just ignore it. which I did. Then in Feb last year (2014) received a call from HMRC debt management saying we owed in excess of £7000 in unpaid vat saying we were still in business. They were told that is not the case as the business was closed in 2008, and asked they put it in writing. Received a letter stating they had decided the business ended in 2008 and to file the final vat online. I could not file online as never had a log-on (didn't even know you could it was always a paper return). in a panic, I sent them my photo-copies of the vat returns and de-registering form as I did not have a working printer to copy them again. I sent them off with a hand written letter as to why I couldn't file online. Heard absolutely nothing from them until Dec 2014 when received a letter of impending enforcement for £3000. Phoned them up and explained what had gone on and said would send a letter stating we would look for the information and gave various contact details so they could advise a course of action. Letter was sent. Yesterday the bailiffs turned up at the door, hubby told them go away and promptly phone the debt management team. They said they never received a letter to which I cant imagine what hubby said as I was at work, but eventually after looking she said oh here it it and read it back to him. As its been over 7 years since the business closed I dont have the paperwork anymore, but I did find a box of old floppy discs where I managed to get a disc to work with the VAT accounts for the business from start to finish. Phoned HMRC debt management up this morning and said I have all the information that is needed. She informed me that she would arrainge for the vat returns to be re-issued so I could fill them in again and she would personally deall with them and bring this farce to a close. Finally. Well so I thought anyway. 10 mins later she called back and said that vat returns cant be sent in more than 4 years late so the debt still stands and the bailiffs have been informed to continue. Is there anything I can do? It's my word against there's. I know I sent the returns. Why has it taken until now before they suddenly decide I owe them money. I have 14 days before the bailiffs can returned for the money or goods to the value of. Sorting out the appeals procedure letter but that wont stop the bailiffs and I dont have any money. Any ideas please Oh and I forgot. After sending the returns they should owe us money albeit less than £50
  22. Hi, Hope someone can help. I have recently moved out of rented accommodation have received a phone call tonight from my previous landlords to advise bailiffs on behalf of Rossendales have attended the property. The Landlord advised I was no longer living there, my c/tax for that property has been paid in full however it appears this balance they are chasing is for monies from 2007 for around £800 and they mentioned to the landlord they also have a liability order from 2008 for this. My major concern is currently I am working away in Birmingham and living in a hotel being paid for by work for the next 12-18 months, however as an address for my bank etc I have put down my parents house whilst I am down here and I am worried the next step will be them turning up on their doorstep. As I currently don't have a permanent address I am unsure what the next step would be as I only go back every 3-4 weeks for a day or 2 to see family and friends I am happy to come to some sort of payment plan with Rossendales
  23. please do any body no how to deal wiTH chandlers enforcement agent.l miss my payment with 3day and the company transfer the traffic debt to another enforcement agent and jack up the debt from £200+ TO £500 .
  24. I own a hotel and came back from shopping to find a letter had been hand delivered through the post box. It was from an Enforcement Agent from Andrew Wilson & Co addressed to a former guest who stayed at my hotel many months ago. The letter states the EO will come back to take control of goods. I rang the number on the letter and got nowhere. I was told the EO has the right to force entry if necessary to carry out the Writ of Control. How do I stop this from happening.... Its not my debt, the person they are looking for is not here. They were quite intimidating when I phoned. Any advice would be appreciated. Thank You
  25. In November an innocuous query was raised on this forum from a debtor whose council tax arrears were being collected under a Council Tax Attachment of Earnings Order and the debtor asked whether bailiff fees could be added to the debt. At the time...the answer provided to the debtor was that fees could be added. Unfortunately, within 24 hours the thread attracted personal abuse from ‘new’ members to the forum complaining that the advice was wrong and that fees cannot be added and that paying the council direct meant that bailiff fees had ‘died’ (which is untrue). The extraordinary level of personal abuse against individuals on here from these ‘internet trolls’ led to posters being banned from this forum and threads closed. In fact the same subject was debated on the LB forum and that too came under dreadful attack from the same ‘internet trolls’ (who proudly boasted of their new found skills on their own forum). To sum up the importance of this subject one of the individuals responsible stated that despite what the regulations may say about bailiff fees he would continue advising debtors to: "Fight it all the way"... "Make it as hard as possible for the bailiffs to get paid" and: "Prolong the money reaching council's bank accounts". Since that time the subject matter of Attachment of Earnings has been debated privately with members of this forum and I stated on the thread that I would not post anything further until I had received responses to my enquiries on this subject....which I am now doing.
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