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Bailiff just knocked on the door - please help


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Sorry Tomtubby I didn't notice I'd stuck it in the sticky: here it is again:

 

Everyone's circumstances seem different here. I just a few miniutes ago (thursday) had a bailiff knock at my door to collect a £300 arrears for 05/06 and £2200 for 06/07. He asked to come in and take a list of goods to have security on - I refused but said as I had not got paid for the last 6mths work I did I can only make an arrangement to pay rather than pay the whole debt which he wanted. He refused to make an arrangement.

 

I said again he couldn't come in and I couldn't pay him anything there and then and he gave me 2 similar documents, one for each outlining charges and it is headed " Notification of Intended Seizure" he said if they were not paid, in full within 5 days he'd be back to remove goods. The letters state that the Bailiff called to act on a Liability Order issued by the Magistrates Court, which is probably true.

 

What is the best to do? There are letters at the beginning of this Sticky thread by Zooman, should I send one of those, try to make a nominal payment or what? Any help really appreciated.

 

My income has been dire over the last 6-9 mnths due to a company not paying me, I have just contacted the council who told me they will send me forms for CT relief as my income was so low due to this non payment, but my fear is that this Bailiff will arrive on Tuesday ( he said 5 days) and I'm not sure what to do.. any help really appreciated.

 

Tom

Legal & Trade - Capital Bank CCA 4th May - 16th May due

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Important questions before answering.

 

1/ Did he provide documentary proof which identified him as a registered bailiff or was he just a debt collector.

 

2/ What was the name of the company he claimed to work for

 

3/ Did he give you a copy of the alleged order

 

4/ If a registered bailiff did he gain peaceful access even just by putting his foot over the doorstep

 

5/ Did you sign anything & if you did where you given a copy

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Important questions before answering.

 

1/ Did he provide documentary proof which identified him as a registered bailiff or was he just a debt collector.

No, not about him personally, but I have seen this company before. The printed Notification of Intended Seizure states that they are certified Baliliffs.

2/ What was the name of the company he claimed to work for

Whyte & Co.

3/ Did he give you a copy of the alleged order

He didn't give me a copy of the Liability Order, Just the Notification of Seizure

 

4/ If a registered bailiff did he gain peaceful access even just by putting his foot over the doorstep.

 

I didn't let him put his foot in the door, he actually was quite polite and never tried to force the issue. He asked to come in and take an inventory but I said no.

 

5/ Did you sign anything & if you did where you given a copy

I signed nothing, he just cave me the notification form.

Thanks Joncris

Legal & Trade - Capital Bank CCA 4th May - 16th May due

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Can you send me by private message ONLY the name of the actual bailiff that attended so that I can search our register to ensure that he is certificated.

 

The forms that he has given to you are WRONG.

 

Did he write anything on the Notice of Seizure?

 

The Notice of Seizure of Goods and Inventory are used when enforcing a debt for unpaid parking charges NOT for Council Tax.

 

The law is very specific on this. For a bailiff to collect Council Tax there must first have been a Liability Order.

 

The bailiff will visit....with the intention of gaining entry to "levy" on your goods". He CANNOT force entry. If you refuse him entry, there is very little that he can do.

 

Any goods that he has levied on will be listed on a Walking Possession. This is an agreement that he can RETURN to REMOVE these goods.....and only these goods, in the event that you do not keep to a payment arrangement.

 

IMPORTANT. In relation to council tax........a bailiff can only return to your home and REMOVE goods that he has PREVIOUSLY levied upon.

 

In your case, I would consider writing the following:

 

 

 

 

 

 

Whyte & Co

 

Dear Sirs,

 

Account ref:

 

I refer to a recent visit to my property by your bailiff;Mr.....

 

From your records you will be aware that your bailiff neither gained entry to my property nor did he complete a Walking Possession or levy on any of my goods.

Instead, he left behind a form entitled:"Notification of Intended Seizure". From advice that I have received this form does not relate to the collection of Council Tax. I would be grateful for your companies explaination of this form and confirmation also that the only charge that has been made to my account is a first visit fee of £24.50.

 

I informed Mr ....that due to the fact that I have not received any income for the past 6 weeks I am unable to pay the amount of this liability order in full at this time.

 

I have spoken today with my local authority to explain my financial position and they are sending me a claim form for both Housing Benefit and Council Tax Relief. I understand that I may request that my claim is backdated 6 months to reflect the change in my financial position.

 

I would like to confirm to your company that I am not refusing to pay my debt, but that I am unable to afford to do so at this present time.

 

I would be grateful if your company would consider putting a hold on my acount until such time as my application for Council Tax relief has been decided by my local authority.

 

Could you please confirm safe receipt of this letter.

 

Yours Faithfully.

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Can you send me by private message ONLY the name of the actual bailiff that attended so that I can search our register to ensure that he is certificated.

 

The forms that he has given to you are WRONG.

 

Did he write anything on the Notice of Seizure? No only a stamped telephone number which states: To Avoid Removal Telephone:XXXXXXXX

 

The Notice of Seizure of Goods and Inventory are used when enforcing a debt for unpaid parking charges NOT for Council Tax.

 

The law is very specific on this. For a bailiff to collect Council Tax there must first have been a Liability Order. What exactly is a 'Liability Order'? The form states that "they called to act on a Liability Order issued by the Magistrates Court" I do believe that this did go via the courts some time ago, but I never attended. Is this what it means?

 

The bailiff will visit....with the intention of gaining entry to "levy" on your goods". He CANNOT force entry. If you refuse him entry, there is very little that he can do. I did refuse him and he went away without fuss, he just passed a sly remark that they will be back in 5 days to remove goods.

 

Any goods that he has levied on will be listed on a Walking Possession. This is an agreement that he can RETURN to REMOVE these goods.....and only these goods, in the event that you do not keep to a payment arrangement. None was made or taken

 

IMPORTANT. In relation to council tax........a bailiff can only return to your home and REMOVE goods that he has PREVIOUSLY levied upon. He has no hope then of taking anything has he?

 

In your case, I would consider writing the following: Will do - thank you.

 

 

 

 

 

 

Whyte & Co

 

Dear Sirs,

 

Account ref:

 

I refer to a recent visit to my property by your bailiff;Mr.....

 

From your records you will be aware that your bailiff neither gained entry to my property nor did he complete a Walking Possession or levy on any of my goods.

Instead, he left behind a form entitled:"Notification of Intended Seizure". From advice that I have received this form does not relate to the collection of Council Tax. I would be grateful for your companies explaination of this form and confirmation also that the only charge that has been made to my account is a first visit fee of £24.50.

 

I informed Mr ....that due to the fact that I have not received any income for the past 6 weeks I am unable to pay the amount of this liability order in full at this time.

 

I have spoken today with my local authority to explain my financial position and they are sending me a claim form for both Housing Benefit and Council Tax Relief. I understand that I may request that my claim is backdated 6 months to reflect the change in my financial position.

 

I would like to confirm to your company that I am not refusing to pay my debt, but that I am unable to afford to do so at this present time.

 

I would be grateful if your company would consider putting a hold on my acount until such time as my application for Council Tax relief has been decided by my local authority.

 

Could you please confirm safe receipt of this letter.

 

Yours Faithfully.

 

 

Thanks for your help

Legal & Trade - Capital Bank CCA 4th May - 16th May due

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Quote from Tomtubby above:

 

"For a bailiff to collect Council Tax there must first have been a Liability Order".

If there is already a Liability Order - does this mean a bailiff can seize ones goods, given of course they have taken an inventory? ( which in my case he has not).

Legal & Trade - Capital Bank CCA 4th May - 16th May due

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AFAIU if he can touch it then he can seize it.

 

for instance your car (so long as it's not on HP).

 

That's why when you read other posts, you'll keep seeing the advice, "lock your car inside the garage", or "park your car away from the house" and "don't post on here where you've parked it".

 

Hope that helps a bit,

 

 

Chris.

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I sent the letter Tomtubby suggested. Today I rang as I was asked to do and was told there is a letter in the post replying to mine stating that the collection was in relation to a Liability Order made by the magistrates court and that they are to collect the payments in full or goods to the value of... I have negotiated a weeks grace whilst putting in my claim for relief to the Council, but the question still remains: Is the Notice of Intended Seizure correct for Council Tax with the Liability Order in place? If not, what should they have done and can they do?

 

They have also confirmed that the only charge is the £24.50 Attendence fee.

 

 

Tom

Legal & Trade - Capital Bank CCA 4th May - 16th May due

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This notice as I said earlier is NOT VALID .

 

It is merely a notification to say that they INTEND to come to your home.

 

Thankfully they have also confirmed that the ONLY charges made are £24.50. This confirms that they have NOT gained entry as there is no levy fee and neither is there a Walking Possession Fee.

 

This is good news. Let us know what the reply says when it arrives.

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Will do, but the lady read it out over the telphone and it just said what I stated above. I'll post it when it arrives. Do you think it would be wise to do what Zooman wrote in the first page of the sticky and begin to send a small payment anyway to the council or should I just await the outcome of the tax relief questionnaire?

Legal & Trade - Capital Bank CCA 4th May - 16th May due

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Letter states:

 

1) only £24.50 charge incurred to date.

 

2) "Please be advised that we are acting on a court Liability Order which has been issued against you by xxx Council, our instruction is to collect payment in full or remove goods to recover the debt. We are unable to suspend action on any account unless the Council directly instruct us to do so. Unless the balance is paid in full by return of post a removal team will be assigned to your account."

 

Given that I spoke to the bailiff company on Friday, they have given me until next Friday to act. By that time I hopefully would have been able to get all the documents necessary to the council in relation to any tax relief I may be entitled to and therefore know exactly what is owing to them to date.

 

Any further advice regarding whether I should respond to the Bailiffs letter is welcomed. Also, should I make any future payments to the Council or the Bailiff?

Legal & Trade - Capital Bank CCA 4th May - 16th May due

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DON'T OPEN THE DOOR TO HIM AGAIN no matter what he does or says.

 

If you're claiming CTB you should be writing to the bailiffs using one of the letters off this site to tell them about it, if you're awarded it you can get shut of the bailiffs with a little help.

 

Don't get too involved in the meaning of each word, when tt says there must have been a liability order, she means just that. It doesn't matter whether you've seen one or not, nor does it matter if you attended Court or not.

 

The bailiff doesn't care if he keeps within the law or not, what he does care about is whether or not you know your rights, and whether or not you can prove that he has broken the law. That's why you don't talk to them unless you know the law, and/or are recording the conversation, and do everything in writing, separately emailed, faxed, and recorded delivery if possible, with copies to the council office and the head of the council, if possible - if you have those facilities.

 

Tell everyone everything, in triplicate, at every stage. their mistakes are your ammunition.

 

Chris.

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Why will he not accept instalments?

 

In my experience of owing back council tax is that the bailiffs will accept instalments as you are not refusing to pay but cannot pay at that point.

 

I have instalment plans with two bailiff companies currently.....Ok, you have to stick to it but the home council tax bailiffs have never entered my house (nor would I let them).

 

This guys behavour doesn't seem correct at all.....

 

Have you tried ring the council?

 

I would send an email to his company re offering instalments and copy it on to the council and your local councillors in the meantime.

 

Good luck

G x

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Thanks to everyone. I sent the letter advised and have not heard anything from the Bailiff, but I also went to Council Tax people as my income had been so low for the previous year and they have put a hold on Bailiff for a month while they sort out what I'm entitled to. I'll make some contributions to pay off some of the debt anyway now as I have some part time income which will help, so by the time this is all worked out and I get a figure we should have this sorted.

 

Fella in the Council was really helpful - credit where it's due so to speak..

 

You guys have been brilliant, Tomtubby -thank you and all the rest in support - been a great weight lifted by you all knowing I can share. Thank you - will keep you posted.

Legal & Trade - Capital Bank CCA 4th May - 16th May due

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