please can somebody help???

[pixieboo]

hi i am a newbie here , so here goes,

at the beginning of october i had someone from dukes baliffs visit my home due to my unpaid council tax for this year totalling at around £900.

anyway he set up a payment plan saying that the council want it paying in six months so i would need to pay £187 in a few days time and £170 a month , i knew i couldnt afford this amount anyway but stupidly signed the payment plan then he made a list of all my goods.well i could not afford to pay the first installment hubby is off work at the moment and havent got any spare cash, so stupidly i ignored it:(

yesterday we had a baliff from dukes come to my house to remove goods , scared i didnt know what to do and didnt let him in and eventually he left posting a note through the door explaining that he was there to remove the goods as i hadnt kept to the payment plan , fair enough my mess up .

i just dont know what to do i am terrifed of him coming back , i tried ringing dukes and the woman on the end of the phone said she was not allowed to discuss my case on the phone i would need to ring the person who attended my house today ,which i tried ringing all day with no answer.

i dont know what to do , i cant let him take my stuff its breaking my heart i know its my fault i didnt pay my council tax but i cant see my house being emptied over it especially as i have four kids in the house (ages 11-2) and my eldest daughter is disabled so she knows something is going on and is distressed over it already.its making me ill , i cant sleep (hence being up at this ungodly hour) and i cant eat and i am just stressed over it which isnt good because i am 40 weeks pregnant.

i wish i never opened the door in the first place i am scared they are going to try and get in by force

anyone please any advice ???

[vincentfan]

I wish I could help you, but I am not qualified to do so

 

Some-one with knowledge will be along soon

[crazymom]

I have asked for this post to be moved over to the bailiffs board, hopefully you will get more help from the lovely lot on there!

[pixieboo]

thanks crazymom i reliased after that i had put it on the wrong board then the computer went to pot:(

[chris600uk]

hi i am a newbie here , so here goes,

at the beginning of october i had someone from dukes baliffs visit my home due to my unpaid council tax for this year totalling at around £900.

 

 

Did he enter your home?

[pixieboo]

yes the man who came at the beginning of october entered my home , but i didnt let the man in yesterday:(

[chris600uk]

he set up a payment plan saying that the council want it paying in six months so i would need to pay £187 in a few days time and £170 a month , i knew i couldnt afford this amount anyway but stupidly signed the payment plan then he made a list of all my goods.

 

It sounds like you have, and if so you should have a copy of the WPA or walking possession agreement, in which you agreed to let him take goods if you didn't keep to the agreement.

 

 

hubby is off work at the moment and havent got any spare cash

 

So does that mean that you are on benefits? If not them maybe you should be

 

 

yesterday we had a baliff from dukes come to my house to remove goods , scared i didnt know what to do and didnt let him in and eventually he left posting a note through the door explaining that he was there to remove the goods as i hadnt kept to the payment plan , fair enough my mess up .

 

Yes, you shouldn't have let him in in the first place - the bailiffs will ALWAYS ask for unreasonable amounts of money - it's what they do.

 

But if you notice, although he has the right of forced entry, he hasn't has he.

 

 

i have four kids in the house (ages 11-2) and my eldest daughter is disabled

 

You need to look carefully at the list of goods that have been made, to see if he has included anything that is exempt - like anything for the use of a child.

 

You must also check the name on the WPA to see if he actually has a certificate to collect for the company, because if he hasn't then he has seized illegally and the wpa is AFAIK just so much toilet paper and grounds for a form 4 complaint to the court that granted the liability order.

 

its making me ill , i cant sleep (hence being up at this ungodly hour) and i cant eat and i am just stressed over it which isnt good because i am 40 weeks pregnant.

 

This puts you in a category known as vulnerable - and you can ask the bailiffs to return the account to the council for that reason.

 

There's a template letter somewhere here that you can use, when I find it I'll post it.

[chris600uk]

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 arrears of council tax. 



 

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 am 40 weeks pregnant and your bailiff has caused me so much stress that I am scared of losing my baby - and I know you wouldn’t want to be responsible for that.



For this reason, I would like to request that this account be referred back to (local authority) so that the relevant forms can be completed.



 

As I have now made you aware of (my/our) circumstances, and provided proof, if your company continues with enforcement action, I will consider making a formal complaint about the bailiff’s conduct to the County Court

Could you please confirm safe receipt of this letter, a copy of which is being sent to my local authority. 




 

Yours Faithfully.

 

 

This letter was originally designed by tomtubby and originally downloaded from bailiff advice online

[chris600uk]

So what you do now, is this:

 

Email the letter to the bailiffs, and back it up with a hard copy sent by recorded delivery, also email the council tax office and send them a hard copy too - and finally send an email of it to the head of the council tax department.

 

You need to get on to this - and remember DON'T get into conversation with the bailiff - DO check his certificate.

 

And finally, I wish you all the very best and hope the happy event goes off easily even in these unhappy circumstances.

[pixieboo]

thank you so much for you help chris!!!

in answer to your quotes up there . my hubby is off work sick and is only getting a minumum amount of sick pay i.e 23 pounds a week from his employer. the only benefits that we get at the moment are child tax , child benefit .disabilty living allowance and carers (for my daughter).

the goods that he put down on the wpa were furniture , cooker fridge/freezer washer and tumble dryer and the small electrical appilances and the tv , hifi computer and my bed and bedroom furniture.

i couldnt find a name on the wpa only a signature which i couldnt read( he dint show me his id either) the man who came yesterday was a enforcement officer?? an i havent got his name only a signature again.

thank you so much for your help and i will get onto the emails /letters straight away:D

[crazymom]

Hi, as far as im aware they arent allowed to levy on cookers, fridges or washing machines. Same as for beds too. Childrens stuff cant be taken either. I might be wrong!

[chris600uk]

Yes, it sounds as if he has seized exempt goods, frankly I've never heard of a bailiff doing this, they normally aren't that stupid.

 

But IMHO you may find that the seizure was unlawful and you may have grounds for a form 4 complaint - of course if that's true then you might be able to tear up the wpa and stop letting people into your house - but for this you need TT's guidance.

[pixieboo]

hi i have done the emails and the letters are ready for sending out later on today.

as its monday again (why i assume bailiffs dont work on a weekend i dont know) i am starting to worry again about them turning up now i know that they can gain access to my property.

is there anything i can do if they do turn up?? or is it just a case of ignoring them knocking and hope they go away???

i am laying all my hopes on them sending the bill back to the council due to my condition but in reality, what are the chances of this??

and what happens about the extra costs they have put on top of the orginal bill?? i think it is about 3-4 hundred pounds up to yet??

thanks for any help

[letsmakeamark]

They are not allowed to seize :

 

Clothing, beds,childrens toys etc, fridge freezers etc, washing machines etc. Only items like tv video9old days0 dvd player etc. I would also get your husband tonip down to his gp and explain what is going on. Ask your gp for a letter to confirm his condition and also what advice the gp is giving like stress can aggravate medical condition. Then photocopy and send to bailiff and also to council with cover letter. This should in the unlikely event of any further problems cover you and will have the council attention(gaurantee). If you really want to throw it about notify social service about your position. they should also be able to force the council to pull the bailiffs off.

[chris600uk]

as its monday again (why i assume bailiffs dont work on a weekend i dont know) i am starting to worry again about them turning up now i know that they can gain access to my property.

 

They work saturdays as well, but arent supposed to work sundays although you can never be absolutely sure.

 

is there anything i can do if they do turn up?? or is it just a case of ignoring them knocking and hope they go away???

 

Yes, there is - I presume that you have prepared the letters explaining that the seizure was unlawful because it includes exempt goods - so you could prepare a copy for the bailiff, you could hand it to him through the window maybe.

 

 

i am laying all my hopes on them sending the bill back to the council due to my condition but in reality, what are the chances of this??

 

Well nothing is ever guaranteed with these people, but you should have a reasonable expectation that that will happen - what is much more important is that you check if he has a certificate - because if he doesn't have one then he has no legal right to be there and is committing a criminal offence and you can complain to the court.

 

 

what happens about the extra costs they have put on top of the orginal bill?? i think it is about 3-4 hundred pounds up to yet??

 

I wouldn't worry about that just now, until you have got your emails sent and your letters posted. They are only permitted to make the charges that are set out in the schedule. If they made up extra charges then again that is fraudulent, and you have the right to complain to the court - although as soon as you threaten that in writing they'll almost certainly correctly those charges.

[pixieboo]

i had a letter todday from dukes thanking me for the email/letter however they cannot comment on the case and i would need to contact the baliff who came to my house on friday ,they gave his name and mobile number (he never answers tho!!)and i need to discuss my "options" with him?? ,, why cant dukes deal with it?? on the letter that was pushed though my door on friday there company name and address was at the top of the letter (the notice of removal of goods) does it mean that it has been passed to another bailiff company or a private bailiff ?

[chris600uk]

i had a letter todday from dukes thanking me for the email/letter however they cannot comment on the case and i would need to contact the baliff who came to my house on friday ,they gave his name and mobile number (he never answers tho!!)and i need to discuss my "options" with him?? ,, why cant dukes deal with it??

 

They can, they are just trying not to - basically they are hoping that all you'll do is send the letter and hope that does the trick.

 

It cost them nothing - to do nothing.

 

on the letter that was pushed though my door on friday there company name and address was at the top of the letter (the notice of removal of goods) does it mean that it has been passed to another bailiff company or a private bailiff ?

 

 

No the bailiff works for them.

 

They want to cause the maximum stress, because they know that that gets them the best results.

 

They are hoping that by not dealing with it they can force you to pay before anything can be done about their behaviour.

 

 

Have you checked the bailiff's certificate?

 

You do need to contact the council and ask them to act upon your letter.

[Guest BURP]

Pixieboo, you are getting excellent advice from Chris and I don't normally intervene in such threads. You say in your original post you have four children, your eldest daughter is disabled, you are 40 weeks pregnant, experiencing sleep disorder/inducing illess etc. You indicate your hubby is not working so are you living on prescribed benefits? Explore the possibility you should have been on council tax benefit. Can you please go and see your doctor immediately and ask for a letter confirming you are a vulnerable person for the purposes of civil enforcement. A vulnerable person means http://www.dca.gov.uk/enforcement/agents02.htm#part10

 

And make the following letters.

 

Bailiffs Ltd

Address 1

Address 2

Address 3

Postcode

 

DATE

 

BY POST AND BY HAND

 

Dear Sir/Madam

 

Re: Your visit to [1st LINE OF ADDRESS]

 

I write further to your visit by your bailiff and confirm I have been medically declared by a doctor to be a vulnerable person for the purposes of civil enforcement in the meaning of the National Standards for Enforcement Agents directives.

 

Where a debtor falling into a vulnerable persons category is discovered by an enforcement agent, the matter shall be referred back to the court and no seizure of goods may proceed.

 

This document is delivered by Royal Mail and I deem it good service upon you by the ordinary course of post under Section 7 of the Interpretation Act 1978. It is your responsibility and in your best interests this letter is handed to the relevant person within your organisation.

 

Yours Faithfully

 

 

YOUR NAME

 

Council Tax department

Invincible Borough Council

Address 1

Address 2

Address 3

Postcode

 

[DATE]

 

Dear Sir/Madam

 

Re: [YOUR NAME & ANY REF]: Visit by your bailiff

 

I write further to your visit by your bailiff and confirm I have been medically declared by a doctor to be a vulnerable person for the purposes of civil enforcement in the meaning of the National Standards for Enforcement Agents directives.

 

Where a debtor falling into a vulnerable persons category is discovered by an enforcement agent, the matter shall be referred back to the court and no seizure of goods may proceed. I therefore ask this case be taken back into council administration within seven (7) days of the date of this letter and confirm in writing to me at the above address.

 

This document is delivered by Royal Mail and I deem it good service upon you by the ordinary course of post under Section 7 of the Interpretation Act 1978. It is your responsibility and in your best interests this letter is handed to the relevant person within your organisation.

 

Yours Faithfully

 

 

YOUR NAME

[pixieboo]

i cant get into the doctors until next week:(

my husband is classed as unemployed as of today and will be signing on jsa on monday , not the ideal situation but that is where we are at.

the council have contacted me today and they said they are totally unable to intervene once the case has been passed to the baliff ,, so i need to contact the bailiff and discuss my circumstances with them, who say i need to contact the enforcement officer who turned up at my door .just feels like i am back at square one at the moment worrying if they are going to turn up and take my things again:(

[scatz1972]

Hi

 

You need to tell the council to take the debt back as you are a vunerable person.

 

If you cant get in to see the doc till next week did you get a MATB1 form from the midwife?

 

BURP, would this form serve as evidence of advanced pregnancy for the bailiff company as it shows the due date.

Edited November 7, 2008 by scatz1972

[pixieboo]

yes i contacted the council and there response was that they cant do anything to intervene once its in the bailiffs hands

[scatz1972]

Thats rubbish, they can. Have you told them how heavily pregnant you are?

[pixieboo]

i didnt get a matb1 from the midwife either because i didnt need one at the time:(

[pixieboo]

i told them i was 40 weeks pregnant and the stress its causing me (the baliffs) but they aint interested

[scatz1972]

Did you tell the council?