Council Tax and Bailiff - where do I stand?

[steg]

I had a buzz on my doorbelll the other day, didnt expect a call and we get a lot of doorknockers so I left it. However, someone else went and let someone into the block of flats I live in.

 

So I get a knock on the door, very heavy. I dont answer as I am very wary. Something gets pushed under the door and the person walks away. The envelope contains 2 letters, 1 is just a letter saying my account has been taken over by ross & roberts and all payments are due to them and is dated January 2009.

 

The second letter is like this

 

REMOVAL NOTICE

Arrears of council tax owed to plymouth city council.

As you have failed to contact our removal Bailiff your case has now been passed to to our REMOVAL ENFORCEMENT DEPARTMENT.

The sum of xxxx is now required. You MUST contact the number below immediately to avoid further action.

Full payment by card can be taken 24/7 on xxxxxxxxxxx

 

THE BAILIFF HAS THE RIGHT TO PEACEABLY ENTER YOUR PREMISES AND REMOVE GOODS - EVEN IN YOUR ABSENCE.

 

Baiff : xxxxxxxx Mob: xxxxxxxx

 

Obviously if I could have afforded to pay this at the time. I'm very worried, I suffer from depression and anxiety and I am sick of burying hy head in the sand about it. How can I proceed? Please help.

Edited April 20, 2009 by steg

[Fair-Parking]

The letter is a threat and it's also a fraud. Ross and Roberts may well be Ross and Roberts but they are not the council's removal bailiffs, as that implies that the council have their own in house removal team.

 

Moot point maybe but the letter becomes a fraud when it says that they can enter your property in your absense. No they can't and they know that. Further the council knows it too, thus they are complicit in an attempted fraud under Section 2 of the Fraud Act 2006 (mispresentation).

 

Write to the council and tell them that. Don't contact the bailiff in any circumstances, but tell the council to write to them to explain their attempted fraud in the council's name.

 

Wait for the reply and don't worry - bailiffs can only enter if you let them or if they walk through a open door.

[steg]

Should I include a photocopy of the notice with the letter?

[Fair-Parking]

It would make it more difficult for the council to deny any knowledge of this illegal bailiff practice and as councils often use the excuse that 'this is the first time we have been made aware....', it would make it impossible for them to deny it a second time at some time in the future.

[steg]

Do you know who I should FAO it to? And presumably its better to hand it in person.

[felicity2009]

Please try not to worry! I was in a similar position to you only a few days ago with the same paperwork and feeling the same way - total surprise and shock. I got a ton of help off this forum and an action plan in place to bring about the ****storm from hell.

 

But keep your doors locked and your windows fastened shut. None of it will work without that! If you have a vehicle outside, move it to another street. Give your friends a special doorbell signal (a certain number of presses etc.) and never answer it if the signal isn't right or they don't phone you from outside.

 

Then theres bugger all they can do.

 

That bit about 'peaceable entry' means just that. Sure they can legally come in if you aren't there - but you'll have to leave your door or window open first.

 

Thats the bit they leave off the paperwork

 

Do a forum search for 'doberman bites bailiff'. It will put you in the proper frame of mind.

 

You had the right idea in not answering the door to an overly agressive knock, but its not much fun, living under seige.

 

We tend to joke about it here - any missing cake or pizza - "the bailiff must have stole it it wasn't me" "I did make you a tea honest I did the bailiff must have took it.."

 

I think, if you can get the psychology right, much else will follow. They are running a FUD campaign - Fear, Uncertainty and Doubt. You have to counter it with enhanced security, the right official questions asked, and a specific frame of mind.

 

Good luck!

 

And I'd send any paperwork recorded delivery. Keep your reciepts.

 

PS: Does your doctor know about the depression and anxiety? If you can get a letter off him/her saying you are a 'vulnerable person for the purposes of civil enforcement', unless theres something specific in the council tax legislation saying otherwise, the debt is unenforceable.

Edited April 20, 2009 by felicity2009

[steg]

Thanks for the support. My head is in a spin tbh.

[Fair-Parking]

The High Court ruled that bailiffs cannot remove anything whilst you are not at home unless via pre arranged time and date, (Khazanchi v Faircharm Investments 1996) but much more important - also with a court order signed by a judge.

[chris600uk]

THE BAILIFF HAS THE RIGHT TO PEACEABLY ENTER YOUR PREMISES AND REMOVE GOODS - EVEN IN YOUR ABSENCE.

 

LOL theoretically that's true, but you'd have to have left your house unoccuppied and unlocked.

 

If you do that, you deserve to have your house burgled..., sorry meant stuff seized.

[andie_303]

address your letter to the director of revenues - I'm on a first name basis with the head of revenues at my council after their bailiffs illegal behaviour - even got £150 apology compensation off mine

[Trigger72]

My husband and I had a visit from 2 beefy enforcement officers on Saturday and naturally, I didn't open the door because I was alone, but I overheard them say that they would return at Midday with a locksmith and they posted a letter through our letterbox confirming they would be back from 12pm onwards.

 

When my Husband came home from work at 10am, he rang them and they said that unless we could pay the whole amount immediately, he would send a local removal firm round to collect our possessions and they would enter our premises with or without our permission and break the door down!

 

Can they do this? From the other comments that I have read on this site, they can't, but i'm really scared now that if I do go out, they will come and break into our home and take our stuff. We are always very vigilant about locking doors/windows, etc..

 

I have thought about calling the council and pleading with their better nature and reporting this incident of harrassment and hoping they will take back the warrant and set up a payment plan.

 

Please help us because I really don't know what to do.

[hallowitch]

Trigger 72 please start your own thread it stops us getting confused when trying to help you

as I'm sure you have read by now they cannot get a locksmith to break into your home unless they have a walking possession order

[Trigger72]

I am very sorry for attaching myself to your thread - I didn't realise that I had to start my own one - this is my first time on this site and it is not very explanatory.

[Trigger72]

Can I just ask, what the hell am I supposed to do if not put a query on here? I DO have a problem with Council tax arrears AND Bailiffs - Is this not the given subject of this thread?

[hallowitch]

LOL not my thread no need to be sorry it helps to stop us getting confused i think most us of started of on the wrong thread myself included

[hallowitch]

go to top of page bailiffs and sheriff officers click on that at the bottom of page on the left you will see new thread you can start your own thread that way

sorry if i confused you

[incrediblesulk]

As a person currently dealing with theses wannabe-hardmen, (Ross and Roberts Bailiffs of Plymouth) I was interested to find a very juicy nugget on the Herald Blog which I 110% recommend you take a look at:

Beat the Bailiff - iHerald Blog post - The voice of Plymouth

 

Of course, the info in that link does not just apply to Ross and roberts Bailiffs; it applies to all Bailiffs - take a read; it helped me..

 

One rule seems to apply: Bailiffs are like Vampires - they can only come in when you invite them and once in they suck the life out of you....one difference of course, Dracula doesnt walk around thinking he's scary - HE is, THEY aren't. They're bullies and bullies are nothing without your fear.

 

-----

You probably guessed I dont like these muppetts

Edited May 28, 2009 by incrediblesulk

[Trigger72]

Thank you very much for that advice. I have just looked at this blog and its very interesting indeed! Hopefully, we have sorted this mess out now, but it still doesn't change the fact that I, as are many people, am still sitting in my property with everything closed up, including the curtains! It's a lovely sunny day here and I'm sat in darkness! We live on the ground floor of a block of flats, so I'd rather not take any chances of them seeing me.

 

Thanks again for your help - its much appreciated!

[incrediblesulk]

My pleasure, glad it helps. Sorry to hear you hiding from these people; they are **** - keep your chin up.