Need help, bailiff came round yesterday out of the blue!

[felicity2009]

Good question.

 

I'd say from the point of view of contract law that you have no contract with the bailiff - I can go into reasons for that if you like. So his fees are nothing to do with you.

 

The bailiff does likely have a contract with the council. He is free to ask them for any fees he thinks are due. Again - nothing to do with you.

 

But enforcing his contract with the council by making you pay him is very dodgy legal territory. Can't be done as far as I can tell. You have no responsibility towards him. You didn't invite him round, he isn't a postman and he is not a passer-by looking for directions. So long as a large chunk of brickwork doesn't fall off your building and hit him on the head you have no legal obligation to the man. (And I'm not even sure about the brickwork).

 

Thats the theory. Perhaps someone with more experience of this in practice would care to comment.

 

See also this page for a statutory declaration for your girlfriend to fill out..

 

http://www.consumerwiki.co.uk/index.php/Bailiffs:_Useful_Template_Letters

Edited April 21, 2009 by felicity2009

[BURT96]

A visit from the bailiffs is iminent according to the letters I have received. I am feeling quite nervous about this. Can anyone tell me what happens when they call, what do they say to you?

[the_blue_cat]

A visit from the bailiffs is iminent according to the letters I have received. I am feeling quite nervous about this. Can anyone tell me what happens when they call, what do they say to you?

 

Burt96, please start your own thread regarding your issues.

[the_blue_cat]

Good question.

 

I'd say from the point of view of contract law that you have no contract with the bailiff - I can go into reasons for that if you like. So his fees are nothing to do with you.

 

The bailiff does likely have a contract with the council. He is free to ask them for any fees he thinks are due. Again - nothing to do with you.

 

But enforcing his contract with the council by making you pay him is very dodgy legal territory. Can't be done as far as I can tell. You have no responsibility towards him. You didn't invite him round, he isn't a postman and he is not a passer-by looking for directions. So long as a large chunk of brickwork doesn't fall off your building and hit him on the head you have no legal obligation to the man. (And I'm not even sure about the brickwork).

 

Thats the theory. Perhaps someone with more experience of this in practice would care to comment.

 

See also this page for a statutory declaration for your girlfriend to fill out..

 

Bailiffs: Useful Template Letters - Consumer Wiki

 

I received a letter from them confirming that the council had been paid in full (there were two seperate liabilities) and that their fees were outstanding and needed paying ASAP or else they would PROCEED!

 

Well after i stopped laughing at the proceed bit i wrote to the council again asking for confirmation in writing that due to the fraudulent fees being ask for that i don't have to pay them. And that if i don't receive a response i will write to my MP to investigate (that should stir up the head of revenue a bit).

 

I say fraudulent as first visit the bailiff left two notes (folded into each other nicely) in my post box, one for each liability which included fees on both for first and second visits. SO charging in advance and also in duplicate due to same day visits which i've read only bring one charge and not one for each liability. Also that i phoned him and he refused any payment unless he could get a walk in possession or i pay all of it including the fraudulent charges that day. Next day i paid the council direct in full on line, lol.

 

I also copied that letter to the bailiffs stating that i would await response from my MP in regards to the charges. And that any action to collect will be deemed as a criminal action under section 2 of the 2006 fraud act, due to misrepresentation of the actual charges.

 

The bailiff did make a second visit (after the council had been paid in full) and carefully slipped the second note for both liabilities in the post box without attempting to knock (as my girlfriend was in the house at the time) and crept away. I've since read that a charge cannot be made for such a visit as he failed to attempt reasponable contact and acted unprofessionably to say the least.

 

Will await a council response!

[felicity2009]

that their fees were outstanding and needed paying ASAP or else they would PROCEED!

 

Is it just me or does that sound like a 419 advanced fee fraud? You know, those [problem] emails you get where theres always millions waiting for you but you have to pay fee after fee after fee.. I love winding those people up. ('scambaiting'). They get extra annoyed if they think at the last minute you spent 'their' money on something else (I like to send pictures of expensive cars and large piles of talc).

 

If I were you, I'd tell then that you had all their money, but sadly, you just spent it on a large dog. You are not able to afford food for it and when did you say you were coming round again Mr Bailiff?

[the_blue_cat]

WIN WIN WIN WIN WIN

 

Had a letter from the council wiating for me when i got home last night. They finally replied to my first letter i sent them two weeks ago. It cleary states that in this circumstance they have requested the cases back from the Bailiffs and that they will cover the bailiffs costs.

 

So i'm all clear. Anyone comes knocking now is a thief and will be treated as such.

 

I only hope that when they get me last letter (sent on monday) that they in fact won't pay the charges themselves as they were fraudulent and take criminal action against them. We can hope anyway.

 

Thankyou for all the wonderful advice and support from this forum, couldn't have got through it otherwise. It's just amazing how all the storys on here strengthen you and build your confidence in dealing with them. They win by bullying and intimidation. Hold firm, don't waver. Be strong and also be armed with the law. I've got a file at home next to the door of all the paper work that this site has provided. What bailiff's can and can't do, what the police have to do, etc... stand up to them.

 

Cheers

[hallowitch]

congratulations bet you been walking on air great feeling isn't it lol

[the_blue_cat]

opened all the doors and windows and sat out in the sun.

 

The cats can now return to sleep mode and cease the patrol and attack mode, lol.