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Bailiff has been to property three times - what shall i do?


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Dear All

 

I am in the process of moving house. I have notified the council that i will be quitting the tenancy at the end of the month, but i have an outstanding council tax bill for that property.

 

The bill is for the full years council tax, which, as i am moving out of area i am a bit begrudged to pay a whole years worth when i only will get a few months service if you see what i mean.

 

Anyways, i am moving my possessions fromone house to the next most evenings after work, and in the last couple of weeks i have found letters shoved through my door from a bailiff who wants to collect the whole outstanding balance.

 

He is understandably getting irritated looking at his letters as i am never at the house when he calls. He now has posted a "final warning" letter stating that unless i contact him to allow him to levy a WPO his will distrain my goods.

 

Now, no one knows the new address and i have asked for a final settlement bill for the rent and council tax to be sent to the property i am leaving so i can settle up before i go.

 

Should i just ignore the bailiff? there are no real possessions left in the house now, except a few bits of junk in the loft which is the next job and a climbing frame and trampoline in the garden. Garden gate is locked.

 

I know he legally cant smash in a door to gain entry but is there anything else he can do to gain entry? Just wondering what the next move is - apart from empty the place and wonder off........ but i dont wont to leave a debt hanging if i can help it. New house new start as it were.

Meekle Vs CAPQuest (littlewoods) No CCA produced WON Total alledged debt written off

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He has no right of entry unless, you leave a door or window open.

 

He has the right of levy on items left outside such as a vehicle belonging to you.

 

Don't park a vehicle you own outside, park it away from the house, at the least park it outside the curtilage of your house. That's outside the next door neighbours or on the other side of the road at the absolute minimum, although much further away, preferably out of sight is recommended.

 

You don't have to do anything, or even speak to him, you can walk right past him in the street, treat him like he's invisible, etc.

 

The only thing he's likely to do if he's a muscle head is lean against your front door and knock, in the hope you'll open it and he can fall right in, thus gaining entry in his view - it's called the "threshold maneuvre" and although it's basically illegal that doesn't help much once he's done it.

 

Of course he/she is less likely to if you have dogs, mine go nuts if anyone passes the house, my bailiff posted his letters and retired safely to his van, which was very wise, cos my GSH can clear the wall in one jump:grin:

 

The other ploy is the "lets talk" ploy, and they always want to do it inside, out of the rain, or so the neighbours can't hear. Well don't worry about the neighbours unless they are offering to help you - bailiffs belong in the street, and that's just where you should keep them.

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now, if i am right, the bailiff cant levy on things that obviously belong to a child (ie the trampoline) and he must gain peacefull entry. Does peaceful entry included breaking a lock off the gate and entering into the garden?

 

just asking incase it comes to that

Meekle Vs CAPQuest (littlewoods) No CCA produced WON Total alledged debt written off

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No, peaceful entry is when you invite or allow the bailiff into the house.

It can also mean when you leave a window or door open so that a bailiff can push it open like any normal person who has a right to enter the property.

 

Breaking and entering is still burglary, damage done is still criminal damage.

The police won't want to prosecute the bailiffs because often, when they have with the best of intentions, they've cocked it up and been given a bloody nose in court.

Sadly that's because many police officers at every level don't understand what bailiffs can and cannot do.

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the bailiff cant levy on things that obviously belong to a child (ie the trampoline)

 

There is a list of proscribed items, and the bailiff may not levy upon them.

 

I've seen one somewhere, just don't know where it is right now

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Dear All

 

I am in the process of moving house. I have notified the council that i will be quitting the tenancy at the end of the month, but i have an outstanding council tax bill for that property.

 

The bill is for the full years council tax, which, as i am moving out of area i am a bit begrudged to pay a whole years worth when i only will get a few months service if you see what i mean.

 

Anyways, i am moving my possessions fromone house to the next most evenings after work, and in the last couple of weeks i have found letters shoved through my door from a bailiff who wants to collect the whole outstanding balance.

 

He is understandably getting irritated looking at his letters as i am never at the house when he calls. He now has posted a "final warning" letter stating that unless i contact him to allow him to levy a WPO his will distrain my goods.

 

Now, no one knows the new address and i have asked for a final settlement bill for the rent and council tax to be sent to the property i am leaving so i can settle up before i go.

 

Should i just ignore the bailiff? there are no real possessions left in the house now, except a few bits of junk in the loft which is the next job and a climbing frame and trampoline in the garden. Garden gate is locked.

 

I know he legally cant smash in a door to gain entry but is there anything else he can do to gain entry? Just wondering what the next move is - apart from empty the place and wonder off........ but i dont wont to leave a debt hanging if i can help it. New house new start as it were.

 

Im confused with your post.......you say you dont want to pay a year for a few months service but we are now in October so thats actually 7 months service. If you had just paid the monthly payments & just stop when you move out then you would have no problem & wouldnt be in this situation. Anyhow getting to your question, the best thing would be ignore the bailiff & just pay whats owed direct when u move out. He wouldnt bother with the trampoline.

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