Baliffs attending tommorow

[ben08]

Hi,

 

 

The bailiffs came last wed with a white van.. 2nd visit!! i ignored the door so they left a letter saying that "they will return at their convenience" i called them up to explain i haven't got the money as i am out of work & claiming contribution based job seekers. they told me to get the money 700pound or they will have to return on Monday 4th aug. i m not sure what to do!! i dont have the money, im behind with all my debts & mortgage and i dont want them calling round & getting the kids distressed and making a scene on front of the neighbors, im scared that if i go out they might break in with a locksmith, i know not to answer the door to them or leave any windows or doors unlocked as they can gain entry.

 

I heard that after 3 visits they pass the debt back is this true??

 

Thanks in advance for any advice

[Ell-enn]

Hi there, what is the debt for?

 

If it is a county court judgement, then they cannot take any goods from your home without having gained entry on a previous occasion and levied on your goods. I think you will find that the letter is meant to scare the living daylights out of you and force you to pay.

 

If it is a county court debt then you can enter a N245 form asking for the judgement to be varied to an amount you can afford each week/month, and we can help you with that.

 

Once we know what sort of debt it is we can advise further.

 

Kind Regards

 

Ell-enn

[ben08]

Hi

Thanks for your reply

It is for unpaid council tax

[Ell-enn]

Have you been in touch with the council to let them know you are unemployed and receiving benefits?

[kermit2482]

Rest assured they cant force entry nor use a locksmith on this visit, the only time this could happen is if you have allowed a Walk in pocession agreement and you then breach it. As for it being returned after 3 visits, NO this is NOT correct, you get the commital letters first.

 

my advice would be to offer to pay it at a fiver a week this should be accepted as you are on JSA

[tonycee]

Ben 08.

 

Do not have anything to do with the bailiffs EVER.

 

They have no power, and will just try to scare you into paying them.

 

Send them letters 1 & 6 HERE

 

Then do as Ell-enn says ASAP.

[tomtubby]

Do NOT answer the door and under NO circumstances should you agree to sign a Walking Possession. Ensure as well that you have moved your car away from the house as the bailiff will put a levy/seizure against that.

 

You should NOT telephone the bailiff company. Instead you should put everything in writing.

 

All councils in the country are pursuing unpaid council tax very quickly and are issuing Liability Orders as soon as somebody gets into arrears. The problem is so bad that just this week we were told by a Magistrates Court that so many people turned up for a Liability Order hearing that the queue went out of the main building door!! Previously, it was rare for anyone to turn up for such hearings. You are not alone.

 

I would suggest adapting the following letter to suit your circumstances and that if the bailiff does come round you either have a copy of it stuck on your door or hand it to him though the window. The letter MUST be sent by registered post and by e-mail to the bailiff company.

 

To: Bailiff Company

Date:

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 council tax arrears.

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

The purpose of this letter is to advise your company that I believe that (my/our) circumstances fall within the category as contained within the National Standards for Enforcement Agents of “vulnerable situations”. The reason for this is that (explain your circumstances, and provide some evidence, if possible) see note below).

Accordingly, I would like to request that you do not visit my property as this would cause undue stress and anxiety and would incur me in additional fees that I would be unable to repay. Instead, I would like to request that you (return this case back to the local authority/or accept payment terms as outlined etc)

I would be grateful if you could confirm safe receipt of this letter, and confirmation that (payment terms have been agreed/or case returned to the council)

I am copying this letter to my Local Authority. (ensure that you keep a copy)

Yours Faithfully.

[ben08]

Thanks for all you're replys

 

When are bailiffs able to attend with a locksmith?

and are the able to take a car that is on hp in my name??

I have noticed in previous letters from the bailiffs it states the cost of a van attending is 110 pound, is this a correct amount they can charge?

 

Thanks

[tonycee]

ben.

 

They cant attend with a locksmith EVER, unless they first levy on your goods.

This is why we stress NEVER let them into your home, and NEVER sign anything.

That way they have ABSOLUTELY NO POWERS to do anything except frighten peope.

I personally disagree with Tomtubby that you should never answer the door to them, go outside, front them, tell them you know your rights and that there is nothing they can do.

Watch them squirm.

 

HERES something to read to try and put your mind at rest.

 

Letter 3 HERE is for your vehicle being on HP..They simply cant touch it.

 

Finally,the law states that the maximum that they can charge you is £24.50p for the first visit and £18.00 for the second WITHOUT levying on your goods.

 

Thats the law mate. Not something we make up.

 

Be strong.

[ben08]

okay thanks tonycee

I feel a bit better now;)

[Heathliver]

Just to reiterate what TT said in there draft letter, you would appear to fall into the Vunerable category as laid out in the National Standards for Enforcemnet Agents that hasn't been superseded yet. You, I presume, are unemployed and as such it is usual practice to send the writ back to the council advising them of the fact. The local council will be well aware of this guidence as local councils signed up to it.