Bailiff called today

[GodI'mfedup]

Hello

 

My problem is with Bristow and Sutor. Ok I should have paid my council tax and how I got behind is the usual story of reduced hours of work, robbing Peter to pay Paul and sticking my head in the sand.

 

Anyway last November a bailiff called left a letter (amount owed £245.00) to which I replied immediatly via email to say I'd missed the representative explaining circumstances and that I wanted to set up a payment plan. I also emailed the council to ask if I could pay directly to them but was told the matter was now out of their hands and I would need to deal with the bailiffs.

 

Cut to mid Dec and I had heard nothing so I emailed again to enquire what was happening. They replied saying that a letter had been sent out on Nov 22 (if it was I never received it and still haven't). Setting up a plan of £54 for Dec and then £45 thereafter. I had already been paid at the begining of December and had allocated and paid monies to others. So, I sent a letter explaining this and said that I would send £20 in Dec and then commence payments of £45 from January. I also emailed the council and informed them of my intention. I did not receive any communication from either of them to say this was unacceptable. I have paid Dec and Jan payments with Febs payment being due after payday first week of Feb.

 

The baliff came back today I wasn't in, my daughter was and they said they would try and come.

 

I'd like to know where I stand now if/when they should come back. Is there a set time they can/can not call?

 

My income is roughly £355 a month.

 

Thanks in advance for any advice you can give me.

[Michael Browne]

Advicenow has an excellent 'Bailiffs-and How to Handle Them' pdf here:

 

http://www.advicenow.org.uk/fileLibr...ailiffs-07.pdf

[tonycee]

Ok. So the bill will have risen to £288.

That's £245 + £24.50p first visit + £18.50p second visit.

(not much chance of getting away with these unless you are incredibly strong) the worry of £43 will haunt you considering their threats.

Anyway, £288 minus £65 paid = £223.

Are you OK paying £45 per month?

If so, do it over the phone, or by bank transfer.

Remember, they cant charge you anymore than £43, so dont be intimidated.

Whatever you do, dont let them in your house, EVER, and dont sign anything, EVER.

Keep us posted.

[GodI'mfedup]

Thanks for the link to the PDF Michael it makes very interesting reading. I still don't want them back but I feel more enpowered now with regards to my rights and what they can and can't do. i've saved it so i can refer to it later, if I need to.

 

Tony, Yes I am ok with the £45 at least it'll be done with pretty quickly. but don't have credit card or bank account (only a BS which doesn't support SO or DD). So have to send a BS cheque. I guess I never recieved the letter they sent ( yeah right) because they couldn't charge me for it.

 

Have warned daughter to keep windows shut and not let them in, if they should come back.

 

Thanks both of you

 

Sarah (not quite so fed up now)

[tonycee]

Sarah (not quite so fed up now)

 

Good.

 

Well done.

 

Its £24.50p + £18.00p, not £18.50p.

 

Hope you can sleep over my 50p mistake.

 

Wish i had found CAG before i parted with £2k to B&S.

[odds]

Have warned daughter to keep windows shut and not let them in

 

Make sure the windows are locked as they can enter through a window as long as they don't have to force it, same with doors, no point shutting them without locking it.

 

Pete.

[GodI'mfedup]

Make sure the windows are locked as they can enter through a window as long as they don't have to force it, same with doors, no point shutting them without locking it.

 

Pete.

 

Thanks for the tip Pete.

 

Just to clarify I haven't let them in (or indeed seen them as I was out both times they called) or signed anything, so as long as I continue to pay the agreed amount every month are they allowed to still gain entry not? Bit confused on that point.

 

Hope you can sleep over my 50p mistake.

 

Wish i had found CAG before i parted with £2k to B&S.

 

Ooooh 50p if only that was all I had to fret about

 

Blimey is it all sorted now, you must have had a right game with them ??

[tonycee]

Just to clarify I haven't let them in (or indeed seen them as I was out both times they called) or signed anything' date=' so as long as I continue to pay the agreed amount every month are they allowed to still gain entry not? Bit confused on that point. [/quote']

 

Not unless you let them in, or they enter via an open door, or window.

Its called peaceful entry.

 

I believe you have nothing to worry about as the amount is small to them.

They WILL want the money, and its best if you can pay them, but again, no need to fret over this.

 

Blimey is it all sorted now, you must have had a right game with them ??

 

It WAS a nightmare, but nobodies fault but my own.

I believe that approx half of the charges applied, are for FALSE claims of visits, vans for removal, etc.

 

I am about to set off on a journey to recover those charges.

[GodI'mfedup]

Thanks for your support

 

I have every intention to keeping to the agreement I made with them. I want the matter sorted as soon as possible. I have a smaller amount for this year which the one decent council official I have spoken to has arranged for me to pay £3 per week directly to them. I'm determined that this is my year to get financially (sp)? straight.......at 45 it's about ruddy time

 

And good luck with your fight to get the false charges back. It's scandalous that there is not better laws to protect the public from these people.

[chris600uk]

My income is roughly £355 a month.

 

Have you applied for council tax benefit? All they can say is no.

 

Are you a single mum? if you are then you're in a vulnerable category an the council should take the debt back.

 

Have you checked the validity of the bailiffs certificate? If he's not got one, then he hasn't got the right to be bothering you at all, and you can make a form 4 complaint.

 

Are you sure that the debt they say, is actually the debt you owe the council? Because the bailiffs firm may not be telling you the whole truth.

[GodI'mfedup]

Hi,

 

Children are all grown up now.

 

I am in reciept of housing benefit and council tax benefit. I work part time in a nursery but my wage varies from month to month because I don't get paid for LEA holiday, as we are closed.

 

My difficulties have all come about because of a reduction in working hours and as a result of reviews of my benefit entitlement, they decided my benefit was over paid, re-adjust and round and round in circles we go. The two amounts mentioned above are the shortfalls from reviews. I am now digging my heels in and disputing my current review because I don't think they have taken into consideration that yes I may have earned more money some weeks during the time they are looking at but for seven weeks of the period in question I am earning nothing because of the school holidays. I am arguing that surely they should spread the money earned out over all the weeks in the period, to come up with the actual amount earned. They mess it up every time without fail. I am now in a position to look for more work so I can finally be free of their incompetence although this doesn't help at the moment.

 

The other thing they do is freeze my benefit whilst they are sorting it out so then the landlord is breathing down my neck because he isn't getting his rent. (This time last it got as far as court landlord/me because the council were witholding over a thousand pound of rent, post a review. I managed to get it sorted, council paid and judge ruled that housing association should give me time to pay the amount the council said they were not liable for but that's another story). The council are currently stopping £40 a week from my H benefit to get back the overpayment (the one I have just disputed). Now the landlord is saying he wants all the money owing plus last two months HB payment shortfall (approx £950) in fourteen days or he will envoke the possession order they got when we went to court. (the judge said because of the type of lease I have and it was signed after 1985 when the law changed, his hands were tied and he had no option but award it)..never rains but it pours eh!!!

 

No I haven't checked the baliffs certificate, how do I do that?

 

Short of getting the council to admit they have made a mistake and I don't owe them the money (don't fancy my chances) then yes I am.

[chris600uk]

No I haven't checked the baliffs certificate' date=' how do I do that?[/quote']

You can either check the central register by phoning the Ministry of Justice on 0207 210 0431/0516 or you could wait for tomtubby to pop in and pm the bailiffs name. The info at the central register can be months out of date, and you may have to phone round the county courts.

[chris600uk]

(i)They replied saying that a letter had been sent out on Nov 22 (if it was I never received it and still haven't). Setting up a plan of £54 for Dec and then £45 thereafter.

 

(ii)The baliff came back today I wasn't in, my daughter was and they said they would try and come.

 

(iii)I'd like to know where I stand now if/when they should come back. Is there a set time they can/can not call?

 

(iv)My income is roughly £355 a month.

 

(i) This is a try it on letter to see if they can bully money out of you, they don't care whether you can afford to pay it or not. But if you can, you should keep to the repayment plan or they will use any excuse to accuse you of breaking your agreement and add charges to your account with them.

 

(ii) Did they gain entry when they came round?

 

(iii) If they didn't gain entry you don't have to let them in and should ignore them as if they are not there.

There is no set time when they can call, but generally they are not supposed to call after sunset and before sunrise, however they have been known to call at 6.30am and as late as 9pm.

 

(iv) You are on a very low income which is why you are receiving council tax benefit, surely that would place you in a vulnerable category and there fore the council should take the account back - you could do with advice from tomtubby here, her experience and expertise would be very helpful.

[tomtubby]

Can you send me by PRIVATE MESSAGE ONLY the name of the bailiff so that I can search to see whether or not he or she is certificated on our database.

[GodI'mfedup]

Ok bit of a update.

 

I emailed the council over the weekend to ask if they would take the debt back, explained all the cirumstances that I wanted to avoid further intimidation and charges from the Bailiffs and would be better and quicker for council if I paid direct.

 

Anyway Tuesday came and the council refused to take the debt back saying there would need to be special circumstances to do so and there are none.

 

The upshot the conversation was me saying well as far as I was concerned I was keeping the agreement I'd made with the bailiffs back in December, they had no need to make two more visits. so I wouldn't be allowing them entry into my home if they should come back, or signing a walking possession order. I did ask them exactly how much the debt was when it went to B+S so I knew exactly how much I owed them.

 

That's how it was left really and I was just resigning myself to four months of dodging the call, whilst I paid off the debt. Then had a letter today from B+S confirming installment plan and date to pay on. So as long as I'm a good girl and pay my installments on time (and believe me I shall be) hopefully all will go smoothly from now on. If I add what I've already paid them to the total of the installment plan confirmed today it adds up to the original debt......plus £43 which knowing what I know now, I have to say did make me smile a bit.

 

Thank you all for your advice you were all a great help.

[tonycee]

 

RIGHT RESULT> Well done

[GodI'mfedup]

Ahhh thank you

[casbah]

Have you applied for council tax benefit? All they can say is no.

 

Are you a single mum? if you are then you're in a vulnerable category an the council should take the debt back.

 

 

Becareful here, its not that clear cut, I am a single parent and do not qualify for any housing benefits and they were still requesting my commital to prison ( scare tactics but you never know)

[casbah]

ok make that thruppence worth.

GISFU ANY money you pay to the bailiffs will pay their fees first, and I'm sorry to say but if you think the charge is £45 and they say it is £245, then £245 will go in their pocket, not to the council.

Now I think and I'm not an expert, but just had bitter experiences with my council, the council cannot refuse payments. Some councils even allow you to pay online. All the time you are making payments I doubt any Judge is going to care who you are paying to just so long as you are paying. Bear in mind the Courts are looking for WON'T payers and not CAN'T payers. I suggest you contact your council and ask for contact details of all the borough councillors in your area. Explain to him/her and say you already receive housing benefit and cannot afford these extra fees, also highlight that you have never refused to pay, but due to circumstances etc you haven't been able to pay.

My situation is slightly different to yours I don't get housing benefit, and I contacted the council and said I wanted to pay direct and they tried to fob me off so i asked for my local councillors number and within 20 mins of talking to him the council rang me back saying i could pay by DD?staning order.

I suggest you talk to your borough councillor.

and remember this I've never seen a poor bailiff

[chris600uk]

Becareful here, its not that clear cut, I am a single parent and do not qualify for any housing benefits and they were still requesting my committal to prison ( scare tactics but you never know)

 

Although I understand why you say it, I think you need to go back to the fundamentals.

 

The bailiffs know that the court (and most councils) will do almost anything within it's power to avoid jailing anyone for nonpayment of council tax.

 

If you have said written emailed or just implied an intention to pay - then the courts don't want to jail you. To actually be jailed for non-payment you have to work at it by repeatedly refusing to pay.

 

The council have several weapons at it's disposal for recovery of council tax - the bailiffs are the most cost effective one, and they behave in the sneakiest most unpleasant fashion with the councils tacit approval; they know that most people do not know their rights - this gives many of them the opportunity to propogate ideas that are simply not true..

 

But if you don't have the money to pay or have goods that they can seize and the bill is less than £750 and you can only afford to pay a nominal amount each week or month, then they can't draw blood from a stone.

 

It therefore follows that to defeat any recovery action you would have to be in dire straits indeed, or rather adept at hiding your assets.

Either way you would almost certainly be apparently eligible for council tax income support etc.

 

It is one of the sick facts of life in our country that when we are in financial difficulty we are often better off on benefit and working "on the side" , than working openly and honestly. Those who choose to work honestly are the easiest of targets, and will suffer the most.

If you do choose to work then they will assume that you do have the money to pay, and should be selling your possessions to pay off their bill - it's not called a Priority Debt for nothing.

[casbah]

Yes Sorry I should have made it more clear. What I was trying to say was if one council department ( housing benefit) has said, that by what you have told them, you have too low income to pay the full amount, then how can you afford bailliffs fees. I would play this card, and inform my borough councillor.

[GodI'mfedup]

Thank you all for your continued support and information.

 

Just as an update. As I said I had had a letter from B&S (post my conversation with council) detailing my installment plan. I sent first payment off earlier in the week and emailed B&S to say I'd sent payment by cheque and I'd kept a note of the cheque number and proof of postage incase of any problems with the mail Yesterday I had an email back confirming payment had been received and giving the next due date. So things seem to be going ok at the moment. Only got three more payments to make then.

[chris600uk]

Glad to hear you've got it organised,

 

Good luck:)

[tomtubby]

Just remember to ENSURE that your payment is made so that it clears into their account BEFORE the due date.

 

Bailiffs make their money from you missing a payment and using this slip up to charge an "attending to remove fee" as they will say that you have broken your arrangement.

 

Apart from clamping cars, the above situation is the most common complaint that our company deals with.

[GodI'mfedup]

Hi again,

 

thanks I will keep that in mind....I have to send them a building society cheque, so they don't have any worries about it not clearing because the money has already left my account. I am remaining vigilant and now thanks to the advice and information found here. I am more aware of my rights and what they can and can't do.