Bailiff and Locksmith

[tmj30]

Hi everyone and thanks in advance for your help and advice.

 

I received a letter last week from Phillips Bailiffs regarding unpaid Council Tax. It says "unless full amount outstanding is paid within 7 days of this notice our removal team may attend your premises with a locksmith to remove goods (as in accordance to law). The action may commence at anytime on any day without further warning"

 

I have rang National Debt Helpline and they have said under no circumstances to let the bailiffs in as they cannot force entry. This is the first letter I have had off Phillips and they have never been to or inside my house before.

 

I was just wondering if anyone else had had a letter mentioning a locksmith. How do they get away with threatening you with a locksmith when they cannot force entry unless they have been in my house before and have a walking possession agreement?

 

Thanks again

[Lula]

NDL are absolutely correct they CANNOT do this, do not let them in, make sure all your windows and doors are closed, if you must talk to them, do so through the letterbox, better still just dont talk. Never ever sign anything either, someone with more experience in these matters will be along shortly to advise you further.

[tmj30]

Thank you for your prompt reply. The locksmith thing has really got to me and I just wondered how they can state this in a letter when they cant legally carry it out.

 

I have done alot of research on bailiffs because of this so I am aware I dont have to let them in but my husband is terrified and I am having a hard time on getting it through to him where we stand because of the locksmith threat.

[Lula]

I would also complain to the council as this is unacceptable behaviour, send them a copy of the letter that you received and give them a time frame for a response, I think perhaps Trading Standards would also be interested.

[tmj30]

We are currently claiming JSA so we contacted the council to ask them to take back the debt and stop payments out of benefit payments because no way in the world can we pay what the bailiffs want (£500 to stop them coming round) but they refused to take it back. I have been reading these threads and it seems cos we are on benefits we are deemed as vulnerable so why are the council refusing to take back the debt and call off the bailiffs.

Edited September 17, 2008 by tmj30

[tomtubby]

Firstly there is NO requirment in law for a bailiff to even send you a letter to advise you of a visit when they are collecting Council Tax.

 

If you complain at this letter you will very likely be told that the wrong letter has been sent to you.

 

The situation is that bailiffs CAN INDEED attend at your home with a LOCKSMITH and FORCE ENTRY. However in your case they are being economical with the truth because this situation CAN ONLY APPLY if they have PREVIOULSY been into your home and levied upon goods and you have then not paid as agreed or defaulted.

 

It is for this very reason that you MUST NOT allow a bailiff into your home in the FIRST place.

 

There is a letter under Consumer WiKi that should be sent to the bailiff company.

[Fair-Parking]

TMJ 30 There have been a few threads lately that are similar to your predicament. For advice, experience and peace of mind look up

 

Text message - bailiff calling tomorrow

 

Drakes/Marstons broke my lock (particularly the link to Devon & Cornwall police)

 

What bailiffs can and cannot do

 

Scared and need some help

 

You'll feel a lot better after reading these.

[letsmakeamark]

If you can then pay the council direct.

[donnap]

A bailiff can only use a locksmith if they are instructed to collect payments for unpaid court fine or unpaid income tax or if they have listed(levied) your goods and then you dont pay what you agree! that is the only time. they may try to say we will get a locksmith as a "scare tactic" if you get this recorded you can file a FORM 4 to the court the bailiff was certified at,you can view the bailiff register]

 

REMEMBER DO NOT LET THEM IN, YOU DONT HAVE TO!!

[wonkeydonkey]

The give away to these letters are always hidden the word "may" in other words "we want to scare the living daylights out of you and this threat (pre cag) always seem to do the trick as you will know no different"

 

WD

[brassnecked]

The give away to these letters are always hidden the word "may" in other words "we want to scare the living daylights out of you and this threat (pre cag) always seem to do the trick as you will know no different"

 

WD

Still absolutely true even 4 years ohn from the start of this thread.

[The Evil Bus Driver]

Thank you for your prompt reply. The locksmith thing has really got to me and I just wondered how they can state this in a letter when they cant legally carry it out.

 

I have done alot of research on bailiffs because of this so I am aware I dont have to let them in but my husband is terrified and I am having a hard time on getting it through to him where we stand because of the locksmith threat.

 

Incidentally have you got a dead bolt on your front door? Might come in handy.