help baliffs

[Saffronflowers]

There is no set time, however, it is good practice to call no earlier than 7am and no later than 9pm, but there is no law that says this is the case. There is a very good chance that they wont attend at all today.

 

I would use the time to do everything that you can to get the council to take this back, and also point out to the concil that you have next years liability as well and that if you cant sort it out then you will be unable to pay next years as well. The real reason that Council's use Bailiffs is that they do not cost them anything!!

 

SFx

[dianat1971]

have tried to talk to council but they wont help until its pssed back to them getting very nervous now

[Saffronflowers]

That is what you have to say to the Bailiff in both written and verbal communication. State that you do not have good or the means to raise this sum of money and that it is infact fruitless to persue this case, and to hand it back to the council.

 

SFx

[dianat1971]

thanks for the advice think today just going to be a waiting game on my behalf to see wht happens will advise hubby if they ot been to park car elsewhere when he finishes work.

[dianat1971]

just getting bored now of waiting for them explained to everyone in the house if i go out not to answer door or talk to anyone they dont know. the letter they sent me had on or before todays date they would turn up knowing my luck they come tomorrow when not expexting them

[chris600uk]

It's really horrible but you have to expect them every day until the council take it back.

 

When the bailiffs hand it back, it's called a Nulla Bona, (think that's right) and they get paid for it.

 

So your job is to make that the most profitable option for them.

 

Chris.

[tomtubby]

The following is a template letter from our website that I have adapted to suit your circumstances. I would recommend that this be sent by e-mail IMMEDIATELY and by registered mail.

 

 

 

NOTE: This letter can be adapted to suit your own circumstances and could be used to advise the company that you are aware of your rights and that you will not permit the bailiff peaceful entry into your home to levy distress on your goods, but that you are willing to pay the debt by affordable instalments.

 

To:

Bailiff Company

 

Dear Sirs,

 

Re: Account reference.

 

I refer to your letter dated (enter date)informing me that your company have been instructed by (enter local authority) to enforce a liability order against me, in respect of unpaid council tax.

 

In your letter, you state that you will be visiting/returning to my home to (seize/auction etc my goods.)unless full payment of (enter amount) is made by return.

 

The purpose of this letter is to advise your company that I am aware of my rights, and I am aware also that in order for you to remove goods from my home you must previously have levied upon those goods. Your company are aware that no levy has ever been made and therefore you have no right to threaten me with removal of my goods in the manner described in your letter.

 

I would also like to inform your company that I will not allow one of your bailiff's peaceful entry into my home. I would also like to make you aware that I live in rented accomodation and with the exception of modest personal items, all of the furniture etc is the property of our landlord. Proof can be provide if required.

 

I would like to make it clear that I am not refusing to pay this debt, but I am unable to pay the entire debt at this present moment. Instead, I would like to offer to repay this liability by way of monthly payments of (enter amount). If this is not acceptable, then could you please return my account to the local authority and I will make payments direct to them instead.

 

I am aware that under the Council Tax Administration & Enforcement Act 1993 (as amended), you can charge a first visit fee of £24.50 and a second visit fee, if necessary, of £18.00. No further visit fees can be imposed.

 

I would be grateful if you could confirm safe receipt of this letter and confirmation also that either my payment proposal has been accepted or that my account is to be returned to the local authority.

 

 

 

Yours Faithfully.

[dianat1971]

just gone on their website fpound out how much i owe not as much as i thought but am going to pay council have wrote a letter and sent it waiting reply starting paying in the morning before i hear back from them.feeling alot more confident today about the whole matter im now feeling that i can sort this out with your helps of course but thanks for making me feel that i can deal with the bailiff in a positive way and not to let them bully me

[chris600uk]

That's the spirit!

 

Chris.

[Brandie911]

Unfortunately I have been in exactly the same position but got through with very good advice from CAB and the internet (didnt find this forum till later). The council at 1st wouldn't take back the debt and the bailiffs were wanting payment in full! and wouldn't take on any payment arrangements whatsoever! So I had no choice but to ride it out, I sent a letter to the council telling them that I am willing to pay off the debt with instalments I can realistically afford and even though they didnt want to accept them I sent them anyway through their automated payment line, (they cannot refuse it then) and kept up those payments. Eventually the bailiffs got the message, they were not getting in my house and eventually passed the debt back to the council. Its hard going at the time, as everytime you hear the door knock you think its them, I also had to tell my daughter to not open the door at all and make sure everything was locked. So keep your chin up, you can and will get past this, just a matter of riding it out!

[dianat1971]

just had another letter telling me that they are now coming any day next week not bother about it wrote to council and bailiffs can go jump for me paying them

[chris600uk]

What does it say?

 

Chris

[dianat1971]

theit address and mina at top

in big red letter removal of goods

council tax debt thanet district council

your debt remains outtanding despite our previous applications for payment

accordingly i will be calling ,with transportation to remove your goods during the course of the coming week. goods will be removed whether you are present or not with the ploice in attendance if necessary.

 

when seizing your goods i will need to remove sufficent to cover the costs of removal and tp clear your debt at public auction. this very significant costs of removal contractors and auctioneers will be deducted from the proceeds of the sale of your goods

 

if you wish ,even at this late stage to avoid these distresssing and costly actions contact me on this number

 

yours faithfully

 

a ******

not his name but might as well be

name of bailiff

[chris600uk]

Did you send tt's letter off?

 

Chris

[dianat1971]

yes but think bailiffs office are a set of useless tossers mind my french computer generated letter sent through post date bailiff should have called here its gets even better they cant spell my name on the letters and im wondering if its spelt wrong on the liability order as well

[chris600uk]

I've got a feeling that won't help, but I'm not sure....

A distress shall not be deemed unlawful on account of any defect or want of form in the liability order The Council Tax Regulations 1992

Although if it was a civil debt, it'd be wrong.

 

Hmm, have you made tt aware of that?

 

I'd pm her with your name spelt correctly and the one they've used and ask her if it makes any difference.

 

This is the only time I agree with pm's, generally I see them as a bad thing, unless they're used to exchange personal or sensitive info that could be misused by others..................

 

Chris.

[chris600uk]

If you read tt's letter you'll see the bit where it says no goods can be removed unless a levy has been made; which it hasn't.

 

That's the trouble with these bailiffs, they will tell you stuff that isn't true with a straight face. Worse still, they know it isn't true but to hear them say it you'd think they'd read it off a stone tablet.

 

Chin up,

 

Chris.

[tomtubby]

As I have said on previous posts, there is clear case law on this point. In order to REMOVE goods, bailiff's must first have "LEVIED" upon goods. They can then RETURN to remove in the event that you have not kept to the terms agreed when signing the Walking Possession Agreement.

 

Always remember that a bailiff will NOT simply levy on goods, sign a Walking Possession agreement and then walk away.

 

A Walking Possession agreement is an agreement NOT to immediately remove those goods. It is the bailiff's "security" that allow's for him to RETURN back to your home and REMOVE those goods listed in the event that you do not keep to the payment arrangement PREVIOUSLY agreed with him.

[Givuzagame]

Email the bailiff and the council. Copy on to your local councillors too (all parties)

They should be open to discussion on this and accept instalments.

Thats why we have a democratic society isn't it?

 

Good luck

Gx

[dianat1971]

just need to check something hubby from tonight has the works van with his firm that he works for name plastered all over it can the bailiffs touch this if they come

[chris600uk]

No, (put very very simply) as it's obviously someone else's property as well as being exempt-goods as a tool-of-the-trade.

[chris600uk]

I say put simply, cos nothing to do with bailiffs is ever completely simple, but as you've described it as belonging to your OH's employer they can't touch it.

[dianat1971]

thanks he got offered it for 2 weeks so thought i would see his car going to be locked up whilst he got van

[chris600uk]

Well what can I say, you just cant be too careful:)

[dianat1971]

since lst posting on here and sending of letters still waiting to hear from bailiffs and council have started to pay council direct now by payment card so just waiting for their next step now