Council Tax debt Bailiff query

[DH84]

Hello, my mother has been having some money issues recently and over the last couple of years has fallen behind on her council tax. Last year we kind of panicked when the Bailiffs (Bristow & Sutor) were sent in and even though we turned them away once we eventually allowed them in and they filled in a wpa and agreed a monthly repayment of £150 (debt was about £800). We paid them by cheque for the first couple of months with no issue, however, one month they didn't cash our cheque (we didn't notice this at the time) until 5 weeks after we sent it at which point they cashed that cheque and the following months cheque simultaneously which lead to one bouncing. They sent my mother a very snooty letter saying it was not their policy to deal with bouncing cheques and she had 72 hours to pay the full balance or they were coming to get her stuff. At this point i knew i'd made a mistake letting them in so i just paid the full balance to them immediately from my account. Completely settling the debt.

 

Fast forward 9 months and they're after us again for £450 which my mother has missed from this years council tax. this time i have flat out refused to let them in and i am a bit unsure whether to send them a letter saying i will send you £75 a month to clear the debt but you will gain no access to the property and this is my final offer + if you send a bailiff around to the property again I will refuse to deal with you and make payments directly to the council only. Or, whether i should try and get the council to take back the debt immediately? If so would the council stop the bailiffs calling round?

 

They came round last night with a notice of intended seizure of your goods, which didn't list the costs or debt but merely said we can call early morning or late evening, goods can be removed in your absence and costs will be substantial. i told them my mother wasn't in and closed the door. they've come round again today while no one was in and left a final notice saying that if we don't pay goods will be seized and costs for that could be over £250. non of the letters i've had so far have detailed a visit fee.

 

So the gist of my questions are;

i haven't let them in this time and the previous wpa was completely settled before this one came into effect, could they force entry?

 

they've called 4 times now, the first 2 times 3 weeks apart then yesterday and today, they can only charge for the first 2 visits yeah? is it usual for them to call every day or 2 or 3 times in one day?

 

should i attempt to deal with them, while still denying them access, or go to the council. if the council could i get them to call the bailiffs off.

 

the bailiffs have attempted to call my mother at work, could they attempt to go into work to see her?

 

my mother doesn't drive but if she has a visitors car on the drive and they come to call could that car be clamped?

 

*they would be perfectly within their rights to try and get in at 2am or anything if i understand correctly?

 

thanks for any help

Edited February 10, 2009 by DH84

[hallowitch]

don't let them in this time just because you let them in the last time does not give them the right to come in. This is a new demand so they must start all over again they can only charge for 2 letters and i dint think they should be phoning your mothers work

chris600uk has helped me with bailiffs and I'm sure when he comes on will help you also

[DH84]

cheers, that's the main issue really. needed to make sure that an old wpa wasn't still valid if settled.

[hallowitch]

if you put tom tubby in search she is resident bailiff expert and read her stuff you should get more info and as i said (my diamond ) Chris 600 UK this is an excellent forum to get help and support don't know what i would without it

[chris600uk]

Fast forward 9 months and they're after us again for £450 which my mother has missed from this years council tax. this time i have flat out refused to let them in and i am a bit unsure whether to send them a letter saying i will send you £75 a month to clear the debt but you will gain no access to the property and this is my final offer + if you send a bailiff around to the property again I will refuse to deal with you and make payments directly to the council only. Or, whether i should try and get the council to take back the debt immediately? If so would the council stop the bailiffs calling round?

 

First, well done for keeping them out this time.

 

I suggest that you send them a template letter warning them that you are under no obligation to deal with them. There's no need to say anymore.

 

Then I would start paying the council direct online, that way the debt will be paid off within 6 months

[DH84]

thanks, i'll get the template sent off recorded delivery and deal direct with the council from this point on. do you know about the other points though? are they likely to keep calling?

[chris600uk]

They came round last night with a notice of intended seizure of your goods, which didn't list the costs or debt but merely said we can call early morning or late evening, goods can be removed in your absence and costs will be substantial. i told them my mother wasn't in and closed the door.

 

Right thing to do, they'll get the message eventually, incidentally I wouldn't tell them you are paying the council, that's none of their business.

 

 

they've come round again today while no one was in and left a final notice saying that if we don't pay goods will be seized and costs for that could be over £250. non of the letters i've had so far have detailed a visit fee.

 

Don't worry they'll get to that, but you must reply to each letter now separately, pointing out how incorrect they are.

 

 

So the gist of my questions are;

i haven't let them in this time and the previous wpa was completely settled before this one came into effect, could they force entry?

 

 

No they can't, when you paid off the last debt that satisfied the liability order they were granted then.

 

 

they've called 4 times now, the first 2 times 3 weeks apart then yesterday and today, they can only charge for the first 2 visits yeah? is it usual for them to call every day or 2 or 3 times in one day?

 

Maybe they were just in the area, but it's not that unusual and of course you've got some history with the firm, so they might think you're a soft touch cos you let them in last time.

They'll take a bit of convincing this time - but you can do it.

 

 

should i attempt to deal with them, while still denying them access, or go to the council. if the council could i get them to call the bailiffs off.

 

Frankly no - I would treat them as if they were invisible - write to their office, and pay the council direct.

If you do that, at some point they will hand the account back to the council anyway.

 

 

the bailiffs have attempted to call my mother at work, could they attempt to go into work to see her?

 

I believe that is harrassment, and you should make a separate complaint about that.

They have no right to do that.

 

 

 

 

my mother doesn't drive but if she has a visitors car on the drive and they come to call could that car be clamped?

 

No, they might levy upon it, but the levy would be unlawful.

[DH84]

brilliant, thanks for that

[chris600uk]

*they would be perfectly within their rights to try and get in at 2am or anything if i understand correctly?

 

No, they are entitled to gain peaceful entry, where you invite them in, or leave a door or window (upstairs or downstairs) open as if inviting them in.

 

To do it at 2am, would risk being treated with extreme prejudice.

 

Keep all doors and windows closed, and park any cars away from the house

[fightinghard]

Sorry hope you dont mind me butting in on this post. I am in a similar situation and am determined I am not letting Ross & Roberts through the door this time!

You mention a template letter - where can I find that?

 

Many thanks