urgent help plz

[tiggerlit]

hi just found this website and was wondering if anyone could help.

at 8.30pm tonight my brother gave me a letter that he had at 7am this morning and didnt give it to us till tonight. i have a bailiff coming at 6am tomorrow morning to take goods for the debt of council tax. this is his second visit as he came last week and we tried to ring him and sort out a payment thing where i would pay weekly as im on low income. the debt if for £219, but he wants £541.50. what i cant understand is when i phoned him tonight after just getting the letter he said that this mornings visit charge was £209. but reading some of the threads people are saying that the first visit is £24.50 (which he has already charged) and the second visit is £18.00. he wont even wait till 9.30am so i can ring the council to see if they will take the payment. can they come at 6am in the morning or is that too early i do know that for certian debts its certian times.

any help would be great as i now have only 4 and a half hours before he turns up.

thanks

[amdmlivingstone]

Hi Tiggerlit,

 

I am so sorry to hear about your situation. Unfortunately, I do not have any info in this field, but I am very sure one of the site team or a more knowledgeable person will be along soon.

 

Keep your chin up.

 

Take care

amdm

[tiggerlit]

hi thanks, i will be on this website all night till he turns up as im so worried. i have my uncles caravan in the front garden so have taken the wheels off it, we also had a freezer down the side of the house and have moved that. police told me to do that when i phoned the 101 number he said they get loads of calls about bailiffs.

[dx100uk]

you are correct.

he can only charge set amounts for council tax warrants etc.

 

contact the council direct first thing.

set up a payment plan & also complain to them about the bailiffs charges.

there is a letter rearding bailiff charges you can download and print out.

i'd do that and hand it to him when he calls & also inform him you are dealing with the council direct.

 

he has no walkin possession, so cannot levvy no goods, but might try the caravan thing.

 

just put him off.

 

dx

[p4ul]

if its got to the bailiff stage then any contact with the court, 99% of the time ends with them telling you to deal with the bailiff.

 

if the bailiff has not already had entry into your house then do not let him in no matter what he says. He can only gain peaceful entry the 1st time so no matter what he says you do not have to let him in.

 

Someone will be around tomorrow to tell you where to go from here.

[tomtubby]

Which bailiff company?

[chris600uk]

i have a bailiff coming at 6am tomorrow morning to take goods for the debt of council tax.

 

He can only do this if he has already been inside your house, and/or if it is a vehicle or goods outside, he has already seized/levied upon the goods.

 

 

this is his second visit as he came last week and we tried to ring him and sort out a payment thing where i would pay weekly as im on low income. the debt if for £219, but he wants £541.50. what i cant understand is when i phoned him tonight after just getting the letter he said that this mornings visit charge was £209. but reading some of the threads people are saying that the first visit is £24.50 (which he has already charged) and the second visit is £18.00.

 

You are right, the maximum a bailiff collecting council tax can charge WITHOUT MAKING A LEVY is £42.50 for the two visits.

Anything else is fraudulent because it isn't provided for in the regulations see schedule 5 here:

 

The Council Tax and Non-Domestic Rating (Amendment) (England) Regulations 2006

[chris600uk]

he wont even wait till 9.30am so i can ring the council to see if they will take the payment.

 

he really has you on the run doesn't he! Well it's time to stop.

 

First of all you do not have to speak to him or let him in.

Don't open the door to him, ignore him AND HE WILL GO AWAY, although after speaking to you already he may persist for a bit; but once he gets the message he'll stop, and ultimately the bailiffs will pass the account back to the council.

 

 

can they come at 6am in the morning or is that too early i do know that for certian debts its certian times.

 

It doesn't matter when he turns up if you ignore him, you are not legally obliged to do business with him. You will not be breaking any laws whatsoever and there is nothing he can do if you don't answer the door and keep all doors and windows locked.

 

You must park any vehicles well away from the house.

[chris600uk]

If you contact the council - they will tell you that you have to deal with the bailiff.

 

This is because the council have a contract with the bailiff so the council worker has no choice but to say that even though it isn't true.

They will refuse payment if you ask them directly, however they do not refuse payment if you make it directly online.

 

If you do pay the bailiff, you'll find they will take their fees out, and pass what's left if there's anything left to the council - it will make it more difficult to pay your debt off.

[Guest BiG SiD]

he has no walkin possession, so cannot levvy no goods, but might try the caravan thing.

dx

 

My advice would be to very careful about advice given on forums! - sorry!! This is where problems can easily arise. Walking Possession (not "walk-in" Possession as some bailiff companies strangely and incorrectly refer to it as!) has nothing to do with permisson to levy distress as here suggested. The bailiff does NOT need your written or indeed spoken permisson to seize assets!

 

As per Chris above, who is quite correct with his summing up of the charges you should expect to incurr. Your charges incurred don't seem to add up with the story. They sound to me as if the bailiff has already levied distress and what incurred is a charge with a view to the removal of previously levied goods rather than simply the actual seizure?

 

Has a bailiff previously called - during which time they levied distress on goods? - He/She would have had to have left an Inventory of Goods seized? - Alternatively they are allowed to charge a levy fee and removal fee in the same visit (even when removal does not have to nesscessarily take place - though this is seldom done - tends to be more on the NDR side of things where perhaps notice of a business going bump or individual absconding is gained - and leading to an 'instant' levy & removal - but certainly not the norm and not by the sounds of it here). If not ring/write to the company and simply ask for a breakdown of their fees, itemising all visits made etc... Something not right here my Spider-Sensor tingling! - is this definately Council Tax and not a Parking fine? (where fee structure is totally different!).

 

All the best

Edited February 25, 2009 by BiG SiD