Bailiff saying will be here with police this friday please advise.

[jtnikyu40]

I have a debt with my local council for £473.51 started running a business and it was running at a loss and collapsed and may end up being made bankrupt due to it. once the council started getting onto me about the debt i contacted them filled in a profit loss sheet and was awarded full benefits from then due to low earnings however they refused to accept an offer to clear debt. now have a spinal problem and am on income support with a claim for disability living allowance outstanding. live here with my wife and 3 year old son. rossendales having visited twice now state I owe £667.01 and this Friday they will be attending with the police. what can i do? have no money to pay a large amount and have offered them and the local council to deduct direct from my benefit but so far they are refusing. any advice would be so welcome

[postggj]

the police have more things to do than play nurse maid to a baliff

the police will only be there if a breach of the peace is going to happen.

the baliff is just trying to scare you.

 

you will get more comments but ive read a thread where if the debtor is classed as vunrable, the council have to take the debt back.

being on medical benefits i believe is a reason

 

but wait for more comments on people who deal with council tax

[jtnikyu40]

am on phone to them now and saying will not return debt as I did not contact them between April and now they insist debt stays with bailiff. my medical condition or the fact that they can reclaim it from my benefit do not matter it is all to do with no payment and no contact to them since April, fact that have been preocupied with health issues does not matter they said.

[PGH7447]

Get the CAB involved, if it is a debt to the council

[jtnikyu40]

Just need to know if they can break in on friday as they say they will if we do not let them in?

[berrylover]

Have you let them into your house before?

[jtnikyu40]

never, only spoken to them on doorstep

[scatz1972]

Hi

 

TomTubby posted this on another thread. My apologies if im not ment to do this.

 

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 warrant/liability order etc against me, in respect of (a parking charge notice/council tax etc).

 

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 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.

 

 

 

Note: The following are defined as “vulnerable groups” according to the National Standards for Enforcement Agents:

•Disabled

• The debtor or the debtor’s partner is suffering a long term illness.

• Single parent.

• Expectant mothers in the late stages of pregnancy.

• Elderly and /or infirm.

• Individuals suffering from mental confusion.

• People who are either blind or deaf.

• Persons where there has been a recent bereavement in the family.

• Those persons whose first language is not English.

• People who are in receipt of benefits.

[jtnikyu40]

they say it is something called a magistrates liability order/distress warrant so they can break in

[scatz1972]

Whats the debt for, Council Tax?

Edited October 1, 2008 by scatz1972
forgot a word

[jtnikyu40]

council tax

[scatz1972]

Have you let the bailiff in?

[scatz1972]

Sorry just seen your post that you havent.

 

They cant do anything, they have no more powers than me or you.

[jtnikyu40]

no never

[scatz1972]

Here is the National Debtline advice. Call them your will find them a great help.

 

National Debtline England & Wales | Debt Advice | Factsheet 02 Bailiffs And Council Tax

 

Send that letter that Tomtubby wrote to both the council and the bailiff, by recorded delivery.

[jtnikyu40]

seems silly that I have informed the local council that I am in recipt of income support and would like for them to take the money from their direct that they are insisting on ignoring this way of claiming the money just to allow the bailiff fees to grow thus putting me into more debt. not counting the stress on my health this is causing.

[bingowings]

Hi JTniky, they are trying to scare you so you will pay them. As you haven't let them in before they cannot break in. They say this to panic you into letting them in. DON'T

[scatz1972]

If I was you, I would speak to my MP aswell.

[bingowings]

If they do call this friday, make sure all windows & doors are closed & locked. If you feel the need to talk to them do it through the letterbox. If you own a car park it elsewhere. The advice from the people on here is second to none. Like you i've been bullied, scared, but everyone on here is supportive and reading the threads you will learn how to deal with them. Good luck

[Fair-Parking]

40 - Read the thread started by Loobylou under 'Rundles'. This case is almost parallel to yours and the advice is much the same.

 

But quickly - the bailiff has no right of entry with or without the police, who are not and extension of his office and who they think can be called on at anytime it suits the bailiff.

 

Though this liar may have a warrant for collecting money, he will not have any 'warrant' authorising entry. He is a private citizen the same as you with no more rights.

[jtnikyu40]

council back on phone to me now, they confirm not willing to return debt from bailiff and "yes you will get further feesadded to the debt, even if you are ill we only have your word it is causing you any stress that may be effecting your health the fact is council tax department will not recall this from the bailiff even though your on income support as you have made no payment since April" they refuse to say what will be gained for them by leaving it with bailiff instead of recalling it and start deducting it from benefits

[Ell-enn]

Can a bailiff force his/her way into my house?

Most bailiffs do not have the right to force their way into your home to seize your goods. The only exception is that bailiffs from the Collector of Taxes (Inland Revenue) can get a warrant to force entry, but this is very rare.

All other bailiffs have a right of peaceful entry only. This means that they cannot use force to enter your home, for example, by breaking a window or a door. However, they can enter your property through an open door or window (front and back) and can climb over fences and gates, but cannot break them down.

You do not have to let a bailiff into your house. A bailiff cannot force their way past you if you answer the door. If all your doors and windows are securely closed they will not be able to gain peaceful entry to your house unless you let them in.

Bailiffs are well aware of their limited powers and may use a variety of different means to gain entry peaceably. They may attempt to walk in as soon as a door is opened. They may ask if they can use your telephone to check if an arrangement is satisfactory with their office. They may simply ask you if you would prefer to discuss matters inside. These are ploys to get inside your home.

Can I be arrested or imprisoned for not letting a bailiff into my house?

No. If a bailiff is accompanied by the police, they are only there to prevent a breach of the peace. You cannot be arrested for refusing to allow a bailiff into your home.

You cannot be imprisoned for not paying your debts. However, non-payment of council tax, child maintenance or magistrates court fines can lead to imprisonment if you 'wilfully refuse' to pay. This means that the magistrates must be satisfied that you have the money but choose not to pay. You should be required to attend a magistrates court means enquiry hearing before this is decided. This gives you the chance to explain why you have not paid.

 

Hope that info is helpful

 

You should now write a letter to your council (by recorded delivery or hand deliver and ask for a signed receipt) heading the letter "Formal Complaint" and detailing what has happened. Send a copy of any evidence of your receiving benefits. Whilever there is a formal complaint on file they must suspend all enforcement action. If you need help with the letter, let me know.

 

You then need to contact your MP who should have a "surgery" in your area weekly or monthly.

 

Kind Regards

 

Ell-enn

[chris600uk]

It's important that you keep your cool, and start writing letters, use the law as a battering ram and get your rights back.

 

You can email the council and you can email the bailiffs, but when you do, make sure you send them a copy of the email in writing.

 

The reason is simple, you have to become a complete pain in the arse and pick them up on every mistake. Like the bailiff's bill, how did it get to be £667.01?

 

I suspect a bit of foul play, and that's your first bit of leverage.

 

Perhaps if you could also check if the bailiff (don't post the name on a public site) actually has a valid certificate to be collecting for Rossendales.

 

Don't be a victim, bite back?

[chris600uk]

council back on phone to me now, they confirm not willing to return debt from bailiff and "yes you will get further feesadded to the debt, even if you are ill we only have your word it is causing you any stress that may be effecting your health the fact is council tax department will not recall this from the bailiff even though your on income support as you have made no payment since April" they refuse to say what will be gained for them by leaving it with bailiff instead of recalling it and start deducting it from benefits

 

 

Unless you have telephone recording software/hardware, don't speak to anyone on the phone.

 

Only do it in writing - that way you can prove what has or hasn't been said, besides, the people you are talking to are not in the slightest bit interested in your problems. They don't get paid to be nice to you, they get paid for getting money from you; sadly that's not just the bailiffs.

[scatz1972]

Hi

 

Write the letters, and send them by recorded delivery, you will get nowhere on the phone, most the ppl down the council havent got a clue! There was a letter somewhere that you could pass the bailiff through the letterbox...I will have a look about.

 

Like Chris says question those extra charges, there is a set amount that a bailiff can charge whilst collecting unpaid council tax. The tariff is at the bottom of the link that I gave you for NDL.

 

But in case:

 

For a visit to your home where no entry is made and a list of goods is not made (i.e. a levy is not made)

 

£24.50 for a first visit

£18.00 for a second visit

No further charges for further visits