balliff at my door

[t1ger]

hi can i get any help for the last 2 years i have had a payment plan with equita for my council tax,i have made payment to themevery week, untill the begining of december when i became ill and came off work, i returned to work and made a few payments to them, 2 weeks after xmas i fell and broke both wrists and had to come out of work and go on the sick (im a dinner lady) i phoned equita and explained that i could not work and the not so nice man said that he would put my account on hold,for 4 weeks . well i went back to the hospital last friday and they have sighned me off for another 2 weeks, i totally forgot to phone equita and rang them yesterday monday23rd feb and was told it had been passed to a balliff as i had not payed, they didint want to talk to me and would not give any advice to me appart from speak to the baillif, i phoned the bailiff and he said he would read my notes and let me know what would happen but i was not to worry as he will put me back on my payment plan,

i got my reply today he is coming on monday to collect the goods to my total value and would not agree to a payment plan,

 

what can i do im really upset im out off work and now im going to loose my things,

[hallowitch]

he has no legal right to enter your home do not let him in do not open the door to him

[scatz1972]

Has the bailiff entered your property? if not then they cannot force entry and remove your goods. A bailiff CAN however gain entry through an open window door etc.

 

SO....

 

If you have a car do not park it anywhere near you home, otherwise they will levy on it.

 

Keep all doors and windows closed and dont open the door to the bailiff if they call. If you do open the door then may attempt to put their foot in it, to stop you closing the door and possibly gain entry.

 

Write to the bailiff company explain that you are willing to pay, tell them that you are aware of your rights and will not be allowing the bailiff peaceful entry into your home, nor will you be allowing a walking possesion agreement. Please keep everything in writing that you have a record.

 

There is a letter which I found in the wiki that you could adapt to your circumstances.

 

Send the letter recorded, keep a copy and send a copy to the council tax dept.

 

 

YOUR ADDRESS

LINE 2

LINE 3

POSTCODE

 

 

 

 

NAME OF BAILIFF

 

 

DATE

 

 

Dear Sir/Madam

 

Re: Your Reference

[NAME OF] Council appears to have instructed you to recover Council Tax arrears.

 

This notice directs that you are not being given entry to my home or to levy goods contained within. This notice revokes your entitlement to charge a Walking Possessions fee. Please be advised that if your fees are found to contradict The Council Tax (Administration and Enforcement) Regulations 1992 and you may be liable for criminal prosecution under the Fraud Act 2006, and I will automatically file a Form 4 complaint at your certificating court.

Due to my circumstances I am unable to pay the debt in whole and will make payment of £[AMOUNT]] each month for [NUMBER OF] monthly installments.

This may seem a long time but it’s the only offer I can afford and it allows me to pay future Council Tax liabilities without falling into arrears.

I confirm I am not refusing to pay this debt and if you do not accept this arrangement then I will pay the money direct to the council.

Please provide me with a breakdown of your fees.

 

Yours Faithfully

 

 

YOUR NAME

CC The Council.

 

As pointed out in the above letter, the amount that a bailiff can charge whilst collecting council tax is set out in a statutory fee scale.

 

The Council Tax Administration & Enforcement (Amendment) 1993. Si 773 amended by Si 295 0f 1998, Si 768 of 2003 and Si 3395 of 2006

 

First visit fee: £24.50 This is for a first attendance to levy but where a levy does not takes place. (For example where you are not in)

 

The bailiff can charge a levy fee if they levy but he cannot charge both amounts on the same occasion.

 

Second visit fee: £18.00 Despite any further visits, the bailiff can only charge for a maximum of 2 visits.

 

Levy Fee: Under this heading the bailiff can charge £24.50 for the first £100, and 4% on the next £400 etc.

 

First £100 £24.50

Next £400 @ 4%

Remaining £100 @ 2.5%

 

Walking posession order £12

 

This is the link to the nationaldebtline website, which shows the complete fees a bailiff can charge whilst collecting council tax , they are at the bottom of the page.

 

http://www.nationaldebtline.co.u k/england_wales/factsheet.php?page=02_bai liffs_and_council_tax

[scatz1972]

Also I have had dealings with Equita in the past, they are a slippery bunch it may be fruitful for you to obtain a breakdown of the fees that they have already applied to your current/past account. If the fees that they have applied to you account contradict the statutory fee scale then you will be due a refund....expect a fight though!

[hallowitch]

God i hate the bailiffs

excellent post scatz1972 it would have taken me a week to post that

[t1ger]

hi thankyou for your help, i sent a fax to them (equita) this morning and also to the b'ham council office i also sent a breakdown of my in and outs, to them both.

but i didnt put the balliff name on it i totally forgot,

i phoned the council that i have sent them a in and out form and a covering letter she said that it will take a few days to get on the computer, before they can help in any way. but i was told some good news the lady did say that they might retract the balliff. its a big might might tho.

 

i do have some other things can the balliff come in if my children open the door or if a friend opens the door.

 

what things will they take and can they take the childrens things.

sorry i am just at my wits end i dont know what to do.

Edited February 25, 2009 by t1ger
spelling

[scatz1972]

Department for Constitutional Affairs - Enforcement - National Standards for Enforcement Agents

 

Above are the standards for enforcement agents/bailiffs which they are meant to adhere to, have a read under the vunerable section.

 

Also they are not allowed to take anything belonging to a child, but they can take bikes. How old are your children, are you a single parent?

 

But dont let the bailiff in, it will only result in them making a walking possesion or levy of your goods, they will then start adding fees and one slip up on the agreement and they have the right to re-enter your home even in your absence. SO DONT LET THEM IN!

 

Thats good that the council are looking into your case.

 

Also the national debtline are wonderful and it may help ease your mind if you talk to someone, its free and they are in my opinon better trained than CAB. 0808 808 4000

[scatz1972]

And sorry yes the bailiff can enter if you have a freind answer the door. Best thing to do is tell your freind about your situation.

[t1ger]

hi thankyou, for all your advice, like i said ive sent the letters by fax and i have also phone the courts to see if he still certified, he is till september, can they come in if my children open the door all 3 are under 16 my eldest is 14 and yougest is 6, i dont fancy not being in the room and they open the door to him . if i dont let him in will he keep coming back till i answer or will he give up and send it back to the council as this is what i would like as equita have not wanted to help in any way, sorry for the long questions i just want to make sure i know enough for when he comes on monday.

[scatz1972]

According to the national standards that I posted earlier,

 

Enforcement agents must withdraw from domestic premises if the only person present is, or appears to be, under the age of 18; they can ask when the debtor will be home - if appropriate.

 

Enforcement agents must withdraw without making enquiries if the only persons present are children who appear to be under the age of 12.

 

However, if your home then they do not have to leave.

 

Best thing to do is keep your door firmly locked, tell your children that they must not open the door to anybody that they do not know.

 

The bailiff will only get paid for 2 visits, the only way he will get paid anymore money is if s/he levies on your goods. Eventually if the bailiff cannot gain entry and you have no car or outside property, caravan etc to levy on then they will return the debt to the council.

 

Are you a single parent?

[t1ger]

no im married. thankyou for all your advice, my husband works and that is what does my head in we have never said we dont want to pay we have always been intouch with them it is equita that have failed to keep in contact with us, i have told my children not to open the door i have now started to chub lock the door, he will not get in my house ,

 

the other thing if i am in the house do i speak to them or stay away.

[t1ger]

do i need to close my curtians or blinds not sure

 

will they look through windows or letterboxes

[Ell-enn]

Hi there, best plan is to LOCK the doors and take the keys out - if someone knocks find out who it is before you open it (or before you give the key to your kids or friend).

 

It's important to hide your car and keep front and back door and all windows (except small ones that no-one could climb through) firmly shut.

 

I would recommend sending the letter to the bailiffs by recorded delivery as well as the fax (they could say they didn't get it). That way you can print off the signature receipt from the royalmail website to prove they received it.

 

Hopefully the council will see sense and take the account back.

 

Ell-enn

[t1ger]

thankyou ill send that tonight to them.

[scatz1972]

do i need to close my curtians or blinds not sure

 

will they look through windows or letterboxes

 

It would be an invalid levy if they levied on goods by looking through a window/letterbox etc. However, I would be better safe than sorry and just be extra vigilant when going out and close all internal doors and curtains/blinds etc.

[t1ger]

i just thought my elderly neighbour who lives upstairs has a garage and a car that is at the side of our flat will they think its mine and levy it. or will they know its not mine, how would i explain it to them that they are not mine and my neighbours, do i speak to him through the door when he comes and if i do what do i say.

[Ell-enn]

If you have to speak to him -DO NOT open the door, do it through the letterbox or from an upstairs window. Explain that you have two broken wrists and are not in a fit state to open the door - tell him the council are dealing with it and give him the name of the person you spoke to there.

[t1ger]

thankyou i have printed of these posts so i can use them when he gets here. i now just have to sit and wait to see what happens monday, im better knowing what they can do and cannot do and say.

 

so as long as i dont open the door if needed ill speak through the door or letterbox and address anything he says back to the council.

 

i will also pass him another copy of the letter that i have done through the letter box so that he knows what is going on.and that i have no intention of letting him in my property,

 

now i just wait and see what happens.

 

could he call the police and if he does will i have to let him in then or am i still ok to keep him out there.

[hallowitch]

if he has not entered your property before to do a levy

he has no legal rights to enter your home and he cannot get the police locksmith e.c.t or anything else he threatens you with to gain entry

[p4ul]

I always speak to them at the door, they cant push past you to gain peaceful entry anyway

[t1ger]

hi im really sorry but i need to ask this to put my mind at rest, if he gets a warrent for my arrest and i get arrested to go to court for this....

i work with children ill loose my job, i cannot take thaat risk.. he has never been in my house and never seen me face to face...

 

another thing what happens if i am coming into or out of my property when he calls or is there when someone else calls to see me what do i do i have children can i let them in(the children) or will he see it as tho ive opened the door to him.

[hallowitch]

a bailiff cannot get a warrant for your arrest

[t1ger]

hi everyone

 

i had a phone call todaay from the council tax office saying they cannot take it back as it with the bailiff, i need to contact him, done that and he only wants the money or my things..

 

 

i need to ask ive read in a few different post that the bailiff will only vist me 2 times is that right and thenhe will send it back to the councill to go to court is this right do i see a new light with this.

[Ell-enn]

Hi there have a look at this thread http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/186149-advice-4-u-bailiffs.html

[t1ger]

hello can i just say thankyou for all the advice that i have been given this last week, i cannot belive that the bailiff will say and do anything just to get their money,

 

i sent a lettet to the firm equita recorded delivery on wedesday and i have just checked the post office tracer and it says its in the post office, does it mean that it has not been sent or have they returned it to them.

 

if i talk to the bailiff through the door when he arrives can he put charges onto me, and will he still call back, do i just completly take no notice of him and wait for it to go back to the council, what do i do if it does not go back to the council will they keep coming down to me...

 

i do have other things that i need answers for is there a way i can find out these answers,,

 

like what happens if i am saying hello gooodbye to my children from school and he turns up does that mean he can come in i dont know ewhat to do. what happens if i am walking up my path and he is there

 

can someone help me with these questions,

sorry again.