bailiffs-Rossendales

[suffolk65]

Hello

 

I am at literally now at my wits end....Please help!!! I dont know wot else to do..

 

I have the bailiffs coming to my home tomorrow which is Rossendales, they have threatened to knock my door down if i dont let them in.

My unpaid council tax debt is for £406.25, £120 of this includes there 2nd visit to my flat.

When they first attended my flat, they conned me and lied of who they really were, they told me they were the council, so I let them in my flat and i signed a walk in possession order, at the time i did not know what this was.

Rossendales have also threatened me wth the police and changing my locks, which I have since found out from the police themselves they can not do.

 

My flat is rented from a Housing Association, and I am currently on JSA benefit, I am also on prescribed medication for anxiety and depression.

 

I have aranged with a friend of mine tonight, to remove my electrical stuff from my flat. I am literally shaking with nerves over this.

 

Can anyone please advise me if they can break into my flat, with what you know here

 

I am new to this and im not entirely sure how to retrieve mesages on here

 

 

 

Thankyou

[hallowitch]

have you had a letter giving you a date and approximate time the are coming or is it a letter put through your door by the bailiff

[suffolk65]

Hope you get this, as not sure where to reply...

 

I did get a letter yeah saying it is a distress warrant, and I rang Rossendales and he said he woud be round on Monday to knock my door down

[MRSWESTHAM]

They annot say this to you I am pretty new on here but I had the same thing asically said to me and all the people on hre helped me sort it , I am pretty sure as your on medication for axiety you may be deemed vunerable. (As i said im new so dont quote me ! Someone will verify this later )PLEASE PLEASE do not worry their are so many briliant people on here who will be able to help

[suffolk65]

Thank-you Mrs Westham.

 

 

:confused: Its the walk in possession order that i naively signed that is bothering me, along with everything else, as i allowed them in my flat..They told me as i did this they can break into my flat

[MRSWESTHAM]

Me too

 

Was told she would "kick the door in" and get "the guys with the van " to come ack and remove my stuff!

 

Wish Id found this site before , Im actually going to court against them on tthe 17th AUgust !!

 

Honest their are so many helpfll peeps on here

 

PSdo you get any benefit as your on JSA ?

[hallowitch]

p5 Forcing re-entry

The law upon the rights of bailiffs to force re-entry to premises in order to remove

goods previously seized has recently been clarified. In Khazanchi v Faircharm

Investments; McLeod v Butterwick [1998] 2 All ER 901 the Court of Appeal held that

bailiffs may only force re-entry where they are being deliberately excluded from

premises. It will thus be necessary in most cases for the bailiff to notify the debtor in

advance of the date and time of the visit in order to remove. If the debtor is then

absent from home, or refuses entry, force may be employed.

 

no not said in a phone in an actual letter giving time and date

 

you must get in touch with the council tomorrow tell them its a matter of urgency as the bailiffs are threatening to come and remove your goods

tell the council you are on J S A and simply don't have the money the bailiffs want and they will not let you set up a payment plan ask the council to take payments from your J S A I am also on prescribed medication for anxiety and depression.

make the council aware of this

look up you local councillor if he has an e-mail address e-mail him tonight

get your M.P. phone number and phone him in the morning

because you are on J S A and have mental health problems you should be classed as vulnerable according to the national standards of enforcement agents 2002

 

 

Those who might be potentially vulnerable include:

• the elderly;
  
• people with a disability;
  
• the seriously ill;
  
• the recently bereaved;
  
• single parent families;
  
• pregnant women;
  
• unemployed people; and,
  
• those who have obvious difficulty in understanding, speaking or reading English
  

Edited July 19, 2009 by hallowitch

[MRSWESTHAM]

Just found this - Might help ? x

 

 

Harassment and intimidation

 

The National Standards for Enforcement Agents states that “Enforcement agents must carry out their duties in a professional, calm and dignified manner. They must dress appropriately and act with discretion and fairness.”

However, there are alarming instances of bailiffs harassing and intimidating clients, a problem exacerbated by the lack of effective independent monitoring, complaints monitoring, and clear and accessible mechanisms for redress.

Harassing and intimidation includes: attempting forced entry, threats of imprisonment, refusal to present their warrant or their court certification card or even pretending to be law enforcement officers.

Vulnerable persons

 

A vulnerable person is one who is has a certifiable medical condition; is pregnant, infirm, elderly, disabled, underage and so on.

The National Standards for Enforcement Agents, published in 2002, contains guidance on how bailiffs should deal with vulnerable and socially excluded people. However, bureaux routinely report cases in which bailiff firms have failed to adhere to the guidance.

[suffolk65]

Hallowitch

 

 

 

Thanks for your reply..

 

They did not inform me in writing no of there attendance tomorrow, it was verbal.

The letter they gave me just advises me of my debt, who they are and that an agreement can not be made in regards to payment arrangements.

 

 

I will lookup my MP's details and see if i can contact them tonite, and i will certainly call the council in the mornin, hav to say though i called them the other day and they really couldnt give a ****

[lets fight bailiffs]

the bailiff has also miss lead you by saying he was from the council the law states that this is not allowed he should however shown you id and told you what you was signing you need to contact the council first thing in the morning and explain this to them and as said Above you are classed as Vulnerable this also must be made very clear the council have a duty of care to you this also must be made very clear to them and demand they take it back away from the bailiff remember they have a duty of care the dark bits you must inform the council of

 

hope this helps you

[suffolk65]

Mrs Westham

 

 

Thank-You...

 

Calm manner!!! I dont think they know the meaning of the word, everything in that paragraph said, they are definetly the opposite.

 

 

Intimidation and unprofessional they are, as you probably know yourself

 

The very best of luck for August x

[hallowitch]

the council are responsible for all bailiffs actions the buck stops with them

the bailiff works for the council as there agents for the collection of council tax

in truth the bailiffs don't want your goods they want your money if they do come tomorrow they will leave a note saying they have been in a van to remove goods and add approx £90 to £150 to your debt

 

if you have a camera watch for the bailiff and if he comes in a car try to take pictures from a window or get a Friend to sneak outside and do it don't let him see you do this get as many pictures as you can of him getting in and out of the car

[hallowitch]

do you know how much the liability order from the council that was passed to the bailiffs was for

when the bailiff done the walking possession order this was defiantly there second visit

 

i just like to check the bailiff has added the correct charges

[suffolk65]

Im not entirely sure how much the liability order was for, I think it was for £400 and sumthing pound

I agreed to pay £200 and they agreed to drop there charges on that day.

On Monday of last week it doubled in cost AGAIN, back to £425 with £120 attendance fee and i stood there and cryed

 

How can they get away with this??

 

I emailed my MP detailing everything, I didnt think of that so a BIG thanku for that advice

[hallowitch]

there is no such thing as an attendance fee (dose it say attendance /van fee)

when you speak to the council ask how much the liability order was for and the date it was sent to the bailiff

did you pay the £200 before or on the day of the walking possession

do you have a receipt for this payment with the date on it

[suffolk65]

It doesnt say, no!! he told me verbally last week as i asked him why it debt had increased

 

I paid the £200 after i signed the walk-in possession order, on another visit, and no i did not get a reciept, although i asked for one

[hallowitch]

not good he should have given you a receipt

bailiff fees are set in law and they cannot charge more than this if you like i will help you to make sure you have not been over charged

when you speak to the council and your M P tell them you made a payment of £200 to the bailiff and he wouldn't give you a receipt do you know the name of the bailiff

was it the same bailiff who done the walking possession agreement his name should be on that

[lets fight bailiffs]

that really is not good he has broken the law With the FSA rules

[suffolk65]

Name of the bailiff was a Mr Morley, just looked on my bank statement, it shows there but can definetly say i did not get a receipt

 

What are the correct charges for a bailiff, do you know??

 

And, what does the FSA say?? Sorry to be ignorant x

[hallowitch]

as i said before your biggest problem is that if they come tomorrow they can charge a van fee this is only defined as reasonable cost so if he comes tomorrow get that Picture of him in a car then we can argue the van fee

THE COUNCIL TAX (ADMINISTRATION AND

ENFORCEMENT) REGULATIONS 1992 (SI 1992/613 AS

AMENDED BY SI 1993/773, SI 1998/295, SI 2003/2211, SI 2006/3395 AND SI 2007/501

(SCHEDULE 5)

NOTICE OF

CHARGES CONNECTED WITH DISTRESS

1. The sum in respect of charges connected with the distress which may be aggregated under

regulation 45(2) shall be set out in the following Table-

(1)

Matters connected with distress

(2)

Charges

A For making a visit to premises with a view

to levying distress (where no levy is

made) –

i) where the visit is the first or only such

visit £24.50

ii) where the visit is the second such

visit:£18

 

2.—(1) In heads A and B of the Table to paragraph 1, "the relevant amount" with respect to a visit or a levy means—

• (a) where the sum due at the time of the visit or of the levy (as the case may be) does not exceed £100, £12.50,
  

• (b) where the sum due at the time of the visit or of the levy (as the case may be) exceeds that amount, 12½ per cent. on the first £100 of the sum due, 4 per cent. on the next £400, 2½ per cent. on the next £1,500, 1 per cent. on the next £8,000 and ¼ per cent. on any additional sum;
  
• (2) Where a charge has arisen under head B with respect to an amount, no further charge may be aggregated under heads A or B in respect of that amount.
  

and the sum due at any time for these purposes means so much of the amount in respect of which the liability order concerned was made as is outstanding at the time.

 

[hallowitch]

i forgot the walking possession fee is £12

the levy fee is as above (2)

[suffolk65]

Thank you so so mch you have been a tremendous help.

I am going to quote this to the council and he bailiffs and are attempt to take those pics

 

x

[hallowitch]

your welcome and remember we are always hear

hope you feel a bit calmer now

[suffolk65]

Not much, its the unknown thats the issue and being on my tod, but have friends who said they will be here tmoz if i want them 2.

 

im watchin shaun of the dead at mo, on itv2, mite get sum tips on how to get rid of them for good lol