Council Tax/Lawson Maclaine - Telling me can only be sorted with a visit from them...

[gni03349]

Do NOT let them into your home.. the only way anybody can visit you is by invitation, or by order of the court.

 

Of course, they want to get into your home, so they can see what goods you have and then probably try to con you into signing a Walking Possession Agreement, which means they can come back at any time and break in if necessary to take your goods!!

 

If they turn up, there is a letter you should hand over to them, and NOT sign. However, I will have to find it, unless somebody else comes along and posts it for you.

[gni03349]

You may want to take a look at this...

 

Debt Basics - Bailiff Guide - know your rights

[gni03349]

Thanks to ODC for this (taken from another thread).

 

You will have to edit parts to suit your circumstances. This is to post to them... by recorded delivery preferably, keeping the receipt of course. Keep a few copies, and if a bailiff turns up, hand him a copy of it.

 

 

DOORSTEP COLLECTION VISIT – PLEASE READ CAREFULLY

 

 

 

I refer to your recent correspondence.

 

I note it is your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied license under Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and civil action will be taken.

 

Furthermore I do not acknowledge any alleged debt owed to Hutchison Telecoms for a mobile phone contract. This contract was terminated in OCT 2007. You have failed to provide any proof whatsoever that I have signed any further contract with the company or indeed I have used a mobile phone on their network since that date. Unless you can provide DOCUMENTARY evidence to substansiate your claims I will not be entering into any further discussion with you regarding this matter.

 

 

 

 

Post this off Recorded Delivery and see what happens. DO NOT SIGN the letter __________________

[gni03349]

If it was through the court, you would have received a copy.

 

When did you make the appointment for? Send the letter anyway.. get all the details you can about any bailiff that turns up, and refuse to divulge any information at all. Hell.. even wait outside for him if you have to. If anybody turns up, hand them a copy of the letter, and send them on their way. They have no legal right to enter your home unless its with YOUR permission, or with a court order.

 

They prey on the fact that they "think" people don't know their rights, and abuse the law to suit themselves.

 

You can even phone them up and cancel any appoinrment.. don't listen to what they say when they say it's not possible!

 

I would PM TomTubby, and ask for some help on this (find any post from TT, and click on the name. You will then see a screen, and on it in small letters it will say "send message"). The fact you arranged an appointment might mean you "invited" them round. However.. under false pretences. What they told you is complete rubbish.

 

Good luck.

[gni03349]

...

Edited June 17, 2008 by gni03349
new post as was answering...

[gni03349]

So if there is no court order, there is no need for them to be visiting, unless you invite them, and you can call, fax, write etc to cancel your "invite".

 

Deal with the council direct, and tell them of the bailiffs fairy story. Tell them you want to arrange to pay off the amount through an agreement with them. Try calling them first, and regardless of their reply, follow it up in writing restating what you said in the phone call.

 

It might be worth mentioning to them that they are liable for the actions of these bailiffs (as the council employed them), and with the lies you are being told, it may or may not implicate them in any further proceedings, should that happen.

[gni03349]

The council are talking out of their.....

 

The bailiffs have no legal right of entry as there was no court order to allow them to do so. A Walking Posession Agreement allows them to enter your home and take your goods. DON'T sign anything at all.

 

Of course they will insist that you pay the whole amount in one go, but quite simply, if you don't have it, you can't give it to them, so it's in their interests to accept a reasonable monthly amount.