Advice regarding balliffs

[dizzy82]

Hi everyone,im pretty new to all this so sorry if I have posted this in the wrong place.I have been having an absolute nightmare with Newlyn balliffs,which has been ongoing for over a year now.I owe 1600 in council tax,most of which is newlyns charges.They are constantly coming to the house and sending threatening letters.I have tried to contact them on several occassions to arrange some sort of payment plan,which they agree to but only if I pay 250 pound a month,I am in receipt of benefits and there is no way I can possibly afford that but they still refuse to budge if I ask to speak to a superviser they hang up,and all the while more and more charges are being added its madness if I couldnt afford the original debt how on earth am I expected to pay for the added charges.I was going to hold out in the hope they would return the debt to the council so I could pay direct to them,but they came last week and put some sort of hold on my garden table and chairs and my childrens trampoline and said they would be returning in 7 days to collect items.Im really worried now the last thing I want is for my children to see their trampoline being taken away and I am convinced if they even attempt to im likely to HURT:mad: one of them.Im not disputing I owe this money and am willing to pay it back just not at the outragous amount their asking for.

[hallowitch]

i don't think they can take children's toys dealt with bailiffs myself with the help of the people on here someone will help you so just hang in there

[42man]

Hi Dizz....welcome to the CAG forums...i'll move this thread to the Bailiff section, where hopefully you should get some more advice/comment.

[chris600uk]

I owe 1600 in council tax,most of which is newlyns charges.

 

How are they made up?

 

Don't pay Newlyns, pay the council direct online.

 

They are constantly coming to the house and sending threatening letters.

 

That's quite normal behaviour, until they find you won't crack, so don't let them in.

 

 

HI have tried to contact them on several occassions to arrange some sort of payment plan,which they agree to but only if I pay 250 pound a month

 

Stop trying to contact them, only email/write to them from now on.

 

 

I am in receipt of benefits

 

 

What kind of benefits?

 

 

I was going to hold out in the hope they would return the debt to the council so I could pay direct to them

 

Depending on what sort of benefits you are on you may be entitled to have the account handed back

 

 

they came last week and put some sort of hold on my garden table and chairs and my childrens trampoline and said they would be returning in 7 days to collect items

 

Garden table and chairs they can take, childrens trampoline they can't.

Of course if you'd already sold these items to your aunt bessie they couldn't take the table and chairs, but you'll have to get your aunt to take them away. And then send a statutory declaration explaining that the items aren't your property, and therefore the levy is invalid.

 

I am convinced if they even attempt to im likely to HURT:mad: one of them

 

Please, please don't do that! It'll land you in more trouble than you want and the guy may only be doing his job by the sound of it.

 

Im not disputing I owe this money and am willing to pay it back

 

Good, so get a template letter off to the bailiffs, copy to the council and if you are on the right benefit, get the account handed back to the council.

[daisy2504]

Hi am new to this, so im not sure im doing it right,My husband has been sent loads of letters from bcw group ltd for a debt we think his then wife had run up.(weve had loads of other debts but cant afford solicitor anymore)its for £1832.88. we have been together nearly 6 years so am hoping it may be over 6 years old anyway,this m orning we now have a letter from Phillips collection services ltd saying if we dont pay the full amount within 7 days they will proceed with further recovery,im terrified as we dont know what to do ,my husband doesnt know what the debt is for. The letter states

creditor:-aktiv capital

details:-ge capital(first national tricity finance)then gives my address where i lived when i first met him which my husband was never on the electoral roll,which i find strange

please can someone help as im frightened that they will take mine and childrens stuff when its nothing to do with me, i dont mean to sound selfish but these debts from his ex wife are really getting me down, tried cab and they phoned some companys and did it all wrong cos they admitted to the debts that were over 6 years old really dont know what to do THANKYOU FOR READING,I HOPE FOR SOME HELP

[hallowitch]

hi daisy 2504 i relay do understand what you are going through been in the same position myself about 10 yrs ago

ill bet you his x wife gave your old address to them as his forwarding address when they split up

however i don't think the bailiffs section is the place to get help

i would suggest that you post in the debt collection industry section

 

there are some really clever people in that section who will be more than happy to help you

 

will keep an eye on you till you manage to post in other section just in case you need more help with this

and i wish good luck its an awful situation to be in

[daisy2504]

thankyou for reply im not that great with all this so how do i move my post many thanks

Edited May 26, 2009 by daisy2504
spelling

[hallowitch]

click on new post at top of page

click on debt collection industry (written in black in side of page)

at the bottom of the page on left new thread

start new thread there

hope you understand this

[daisy2504]

hi thankyou for that ive just re-wrote it and posted it on debt thread many thanks

[CJS123]

i have recieved a letter from DCA saying the baliffs will be coming for goods i live in my partners house where all the belongings are his, i was evicted from my own rented property about 3 years ago and lost all my stuff with the debt to that house, what can they take from this house if they come, my partner is going mad as everything here is his not mine, only thing i own is clothes (and hes bought most of them) i dont work and dont claim benefits ive just finished a degree at uni, what shoudl i do??

[daisy2504]

hi im not the best one to ask but i was told too repost in the debt collection industry thread and i promise someone will help you hope it works out ok

[hallowitch]

first don't panic I'm sure like most letters from D.C.A. it will not are coming it will say may come and even if they do which i very much doubt the cannot touch your partners property

however as i said to the previous poster you will get more help if you post in the debt collection section

[GamekeeperToPoacher]

i have recieved a letter from DCA saying the baliffs will be coming for goods i live in my partners house where all the belongings are his, i was evicted from my own rented property about 3 years ago and lost all my stuff with the debt to that house, what can they take from this house if they come, my partner is going mad as everything here is his not mine, only thing i own is clothes (and hes bought most of them) i dont work and dont claim benefits ive just finished a degree at uni, what shoudl i do??

 

 

Simply DO NOT LET THEM IN!!!

DO NOT LET THEM IN!!!

DO NOT LET THEM IN!!!

DO NOT LET THEM IN!!!

DO NOT LET THEM IN!!!

 

OK

 

They, should they actually turn up have to gain peaceable entry and evewn if it is raining cats and dogs keep them outside. Then tellt hem nothing in the house belongs to you and they are wasting their time.

 

GK

[spamheed]

i have recieved a letter from DCA saying the baliffs will be coming for goods i live in my partners house where all the belongings are his, i was evicted from my own rented property about 3 years ago and lost all my stuff with the debt to that house, what can they take from this house if they come, my partner is going mad as everything here is his not mine, only thing i own is clothes (and hes bought most of them) i dont work and dont claim benefits ive just finished a degree at uni, what shoudl i do??

 

I found myself in exactly the same position as your other half. With the help of TomTubby and my solicitor we managed to get Rossendales to back off and send the debt back to the council.

 

Your OH needs to get a statutory declaration (basically an inventory stating what is owned by the signatory) this should be countersigned by a court officer or a solicitor.

 

I wrote letter after letter to the Bailiffs, informing them that I had been made aware that they had been given the account and was giving them due notice that the house and its contents were solely owned by myself and that any levy on my goods would be unlawful, I also sent them a copy of the SD by post and fax and advised them that if they ignored it and attended my premises I would prosecute both the bailiff and their company for theft,trespass and illegal entry.

 

My G/F also wrote letters stating that she had no interest or ownership of premises or property, pointed out that any levy on these goods would be entirely unlawful, they did continue to threaten visits and such, but I responded to each letter they sent to her and made it plain that if they came near my house I would have them and eventually they got the message.

 

Since most of their levy's are based on the premise that without evidence to the contrary, they are allowed to assume regarding the ownership of property, ie if it's in his/her house, then the property must be theirs and we can levy against it

 

your OH's letters and SD would effectively act as evidence to the contrary of this premise, therefore any action they take after they have received the SD etc cannot be dismissed as "we had to assume the goods belonged to the person named on the order"

 

Once the debt has been taken back by the council ensure you get an agreement and stick to it