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consumer_justice

Just received a debt from bailiff company? Advice from ex bailiff employee. Please read!

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Hi all.

I am ex-employee of a bailiff company, as you might have seen from my previous post, I am going to be posting lots of useful information because I am sick of people being ripped off by these money greedy people.

 

This is my first message and it is aimed at people who have only just received details of a debt from a bailiff company. I know a lot of this seem very very obvious but you would be surprised how often I have seen people being charged hundreds of pounds just because they haven't kept to these simple steps...so please read carefully!

You need to read all of this to make sure you are doing everything correct in order to avoid HUGE fees and bailiffs threatening you!

 

 

 

If you receive a notice of a debt from a bailiff company then I am presuming that you are agreeing that you owe the debt, and

if not then you should be contacting the council or client to seek more details.

 

OK, so you have received details of a debt you owe from a bailiff company? There are two options for you here: either you

agree to pay the bailiff company in installments or you completely refuse to deal with them and try to get the case sent

back to the council. Unless the bailiff company are being very threatening and demanding right from the start or you have

very good reason for the case to go back to the client / council then I advise to deal with the bailiffs. It isn't as difficult and scary as you might have thought!

 

This is very important: There are two types of bailiffs, First call or Levy bailiffs and Enforcement bailiffs. Just because

you hear the word 'bailiff', there is no need to freak out. Usually, when a case is passed to a bailiff company, it will go

straight out to a levy bailiff. The levy bailiff is there to set a payment arrangement with you and is NOT there to remove

your goods! Yes they will ask for a payment up front but you do not have to offer this as they will agree to set a payment arrangement / plan anyway. If they become threatening then back off and say you will go back to the council or Citizens Advice Bureau. Levy bailiffs are usually quite easy to deal with though so this is not usually required.

 

This is also very important...DO NOT agree to a payment plan that you cannot afford because this is the start of your

downfall and is the main reason, in my experience, that most people end up dealing with enforcement bailiffs threatening to

remove their goods.

 

One thing I must mention...A levy/first calls bailiff WILL charge for the service but this is legal so there is no way of stopping it unless you really really want to force the case to be sent back to the client but to be honest I have seen so many cases go to an enforcement bailiff while waiting for the client to sort it out that I don't recommend this at all. An enforcement bailiff will usually charge around 90 pound for calling out, even if no goods are removed.

 

What if the bailiff is not accepting your offer? Try to show the bailiff some kind of proof of your income or benefits, as

this is usually good enough to send them off accepting the lowest possible payment plan. If they are still not accepting the

offer then tell them you are going to the Citizen's Advice Bureau as most bailiff companies will accept an offer from them.

 

OK, by now I'm hoping you have a payment plan in place? If not and you have been dealing with a first calls / levy bailiff then let me know and I will try to help! I don't have knowledge and experience of every bailiff firm but I will do my best.

 

 

**Very important** You have a payment plan in place? Good. Call the bailiff company to confirm this and if you have more than one case with them then you should ask them to confirm that the plan is to cover all cases because these companies often 'forget' to cover all cases so one of the other cases will default and they will send an enforcement bailiff so they can add more fees.

 

**Also very very important** Check the exact details of the payment plan with them. You need to know exactly when it starts and when the first payment is due and also how often payments are due because first calls bailiffs get this wrong so many times. You have the right to request the payment plan to be sent to you in the post. I don't think any companies charge for this either so ALWAYS request it!

 

One final tip for now... Can't call a mobile phone when the bailiff is on the road? Don't worry, call the call centre of the company and they can ask the bailiff to call you back. Don't waste all your credit on calling them! They will always call you back as it is in their best interest.

 

This should be enough information for most people who receive a letter stating they owe a debt. If you keep to this then you should have no problems and the debt will be paid off.

 

Ask me anything you need to know or let me know anything I have missed. I WILL be updating this!

 

Thanks for reading.

Don't let them beat you!

Edited by consumer_justice

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sorry but whoever you are you post is most misleading.

 

in terms of council tax, as stated in the guidelines posted here many many times, is £24.50 for 1st visit & £18 for a second. that is all that can be charged.

 

if someone is able to make a payment plan they should do that direct to the council concerned & NOT to a bailiff.

 

dx

 

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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HI and yes I agree if it is possible in any way to make a payment plan with the council then please do that but I am trying to offer my personal experience here. I have taken thousands of calls from people who have had their debts passed to a bailiff and on many occasions been to scared to deal with the bailiff or have tried to have the case passed back to the council and ended waiting so long they have paid the bailiff company in installments (after having fees added). All I am trying to do is warn people against waiting for weeks and months and then end up paying huge amounts (again I have seen this so many times). As I said, if people are willing to fight it enough to get the case sent back to the council then that is great but in my extensive experience that happens in much less than a quarter of cases. And again, I am happy to help if this is possible.

Thanks

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What if the bailiff is not accepting your offer? Try to show the bailiff some kind of proof of your income or benefits, as this is usually good enough to send them off accepting the lowest possible payment plan. If they are still not accepting theoffer then tell them you are going to the Citizen's Advice Bureau as most bailiff companies will accept an offer from them.

 

 

So just to clarify: your advice is to pay them, or make an arrangement to pay them asap and if they refuse to accept your offer send them information that they have no legal rights to? erm right, don't be too upset if I don't follow your advice!!

 

From my own experience the only people who a bailiff will take notice of are the courts, not the CAB, not any of the debt charities and often not even their own clients. Trying to negotiate with a bailiff even when you agree to make payments (regardless of what kind they are) is like trying to sculpt with mud: very frustrating and not at all constructive)


Hope this helps

 

 

If you feel that this site has helped you in any way please leave a donation if you can afford to do so.

 

If you feel that have been helpful please feel free to tip the scales.

 

 

The large print giveth, but the small print taketh away. ~Tom Waits, Small Change

 

 

Please note: i am not a qualified lawyer, any advice is offered in good faith and is based on my own and others experiences and a penchant for research and a desire to help others to empower themselves

 

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The regulations provide that a bailiff can charge £24.50 for "attending to levy but where NO levy was made " and a second such visit may be charged at £18.00.

 

HOWEVER...a bailiff may ONLY charge this fee is he is UNABLE to levy. He CANNOT of course charge a fee of £24.50 if he is able to levy.

 

Where there is a serious problem with the vast majority of bailiffs is that they are charging an "enforcement fee" at the 1st or 2nd visit.Typically we are finding this fee is being charged at between £150-£250!! This fee is NOT PROHIBITED. This is because this fee is a really an "attending to remove" fee which can ONLY be applied if the bailiff has PREVIOUSLY LEVIED upon goods!!

 

What we are finding is that a bailiff will "levy" upon car close to the house which he "assumes" belongs to the debtor.

 

When the debtor challenging this we find that the bailiff will then remove the "levy fee" but forgets to remove the "enforcement fee" !!!

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What we are finding is that a bailiff will "levy" upon car close to the house which he "assumes" belongs to the debtor.

 

Yep I had a bailiff turn up for some outstanding parking tickets... went down to the street to talk with him and tell him that the car in question is NEVER parked outside my house... and he will never EVER gain peaceful entry to my property. He looked at a car across the road and said

 

"So that's not your car over there with private plates then mate?" and sniggered.....

 

I replied "That's not even the same MAKE of car as the one you are after, im assuming you are not going on mastermind in the near future", and sniggered in the exact way he did.

 

He knew i was taking the P, but slowly nodded and walked away.... thats the last i heard.

 

UKD

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Interesting thread and it's nice to see someone on here from the inside so to speak.

 

I'm a little confused with fees as there is conflicting views.

 

Here's what happened:

 

Back door open in the summer so bailiff just walks in.

Wife ends up signing walking posession order and pays £400 on the spot.

Bailiff agrees to balance being paid in a month.

Bailiff charges £24.50 first visit fee,

£200 van fee,

£62.50 for distress (based on scale of percentages etc) and

£20 based on the £400 credit card payment.

 

Total fees for the single visit £307.00

 

Now, in my view he should have either charged £24.50 or the £62.50 and nothing else unless he has to return and enforce the walking posession order.

 

Correct or not???


It's going to be an interesting year...

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sorry to say this, hell no im not, but i wouldnt trust a bailiff or his/hers company as far as I could throw them, they are no better than an organised crime syndicate, They dont know the regs/codes of conducts of their own business's, they lie through their backsides to save their own skins and are vultures who prey on the weak and vunerable.

Even you 'consumer justice' has got it wrong in part. May I suggest you go back and read up on bailiff law before you give out advice, albeit in good faith.

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subscribing ;)


 

 

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HERE

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A&L (Mrs Crusher's account) claim link HERE

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subscribing ;)

I er didnt come across too rude did i ?:rolleyes:;)

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sorry to say this, hell no im not, but i wouldnt trust a bailiff or his/hers company as far as I could throw them, they are no better than an organised crime syndicate, They dont know the regs/codes of conducts of their own business's, they lie through their backsides to save their own skins and are vultures who prey on the weak and vunerable.

Even you 'consumer justice' has got it wrong in part. May I suggest you go back and read up on bailiff law before you give out advice, albeit in good faith.

 

 

 

Your right !!!

 

And if they did know the laws then we wouldn't get treated like they treat us would we?

 

No bailiffs work to how they should well not the ones repoted against on this forum

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Guys i have been crushed by these peaple, but does he not have the right to put the wrongs right he is willing to help peaple looking at it from the inside and from his own past working as a bailiff i have lost everything but i still say if he is willing to help then,well he knows what these peaple do and does not want to be a part of it.we all have to feed our kids and i know i would do anything to do that because they come first

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Well, interesting. Just, why are you consumer_justice only advising to pay the assumed debt? Can we have any advise about how not to pay:) I mean obviously if you have to pay you have to. but there is so many cases not finished by the council and already passed to bailiffs just to scare people. That's most annoying.

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Well, interesting. Just, why are you consumer_justice only advising to pay the assumed debt? Can we have any advise about how not to pay:) I mean obviously if you have to pay you have to. but there is so many cases not finished by the council and already passed to bailiffs just to scare people. That's most annoying.

 

 

sorry what do you mean, not pay bailiff fees?

or not pay the debt as a whole?

if its gone to bailliffsthen you have had plenty of warning till that point and ignored them.

 

99% of councils will agree a payment plan, but you have to contact them and TBH be realistic no take the michael out of them.

 

as for bailiff fees, again pay the counci by arrangement and get them called off.

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Greetings again all,

I didn't think I would make such a stir, I think perhaps I didn't explain why I was writing this and to who I was aiming it very well.

I have dealt with thousands of cases. Let me describe the most typical case I have ever dealt with....

 

Case is passed to bailiff company to deal with, letter sent to debtor, debtor refuses to allow bailiff to levy and bailiff is sent back to the company saying 'debtor refuses to pay'. Ok, this is what almost ALWAYS happens now...the case goes to the enforcement bailiff, who adds a charge of 90 pound to the case. Yes the 42.50 would already have been added despite no levy. I assure you the charge is added on 80% + of cases even when no levy taken.

Ok so enforcement bailiff calls, threatening locksmith and removal (yep, even when no levy done). At this point I would say 30% plus of people pay at least half of the balance, quite a lot pay in full too.

So what happens to the people who still refuse to let bailiff in? They battle for weeks trying to get the council to take the case back (and they don't always do this...there are some strict councils such as Solihull, Wigan, Luton, London Boroughs etc etc). I would be very surprised if the fees would be removed so debtors end up paying them anyway...this all often leads to immense stress and problems. I have seen many cases sent for commital to prison because people won't pay or allow levy. Not that many actually go that far but with certain councils it can happen.

Now you might say 'they can't do that, it's all illegal' etc etc. Fair enough, but they do! We are talking about the most corrupt industry in the world as far as I'm concerned.

 

Let's take my original message now and do what I suggested...

Debtor receives letter from bailiff company about debt, agrees to pay over x amount of months (guidelines are usually 6 months or 3 months for the strict councils I mentioned, unless benefits then they will accept 5 pound per week)....

Debtor agrees to levy so levy bailiff turns up (levy bailiffs are not usually horrible people, they are friendly and very helpful..yes you get some bad ones but not often), does levy, watched carefully by debtor so nothing can go wrong, double checks all details with the office as I said to and then pays as requested...debt is cleared, no stress or hassle, the only down side? Levy fee, usually about 40 pound but it can be a & of the debt, never seen one over a hundred pound though.

 

If you want to battle the bailiff company when it is a legitimate debt then you're just asking for trouble.

 

I hope it clears up who I was aiming it at.

 

I really really despise debt companies, I am trying to help because they make millions in unfair fees every year.

I will get to the other replies soon and will be writing a 'what to do when enforcement action has been taken' thread soon.

 

Take care

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Spamheed, you don't seem to have understood at all. There are so many people like this who just think 'bailiff companies are impossible and will rip me off so I'm not going to deal with them'. Not true. You just have to know how to deal with them.

What I meant was yes set a payment arrangement with them but if they get pushy then back off and threaten to contact council or CAB because the last thing the bailiff wants is no payment plan at all.

I don't know if I stressed this enough either...You do NOT have to pay up front to set up a payment plan so don't be pushed into it.

TRUTH...the CAB have a deal with the company I used to work for that if they call then the company have to put the case on hold for 2 weeks and call the case back from the bailiff. They are also trying to strike deals with other companies too but I'm unsure about the outcome. The company I worked for really do have to take notice of the CAB though. They always adhere to the rules when they're involved.

Oh and if anyone wants to know who I worked for then PM me.

Again, I'm trying to help, don't put people off sorting out their problems the simple way. Out of all the people I ever dealt with, the happy people who were friendly were the people who allowed the levy and agreed a sensible payment plan, not those who fought it from the start. I've seen so many cases escalate for abolutely no reason.

Edited by consumer_justice

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Sorry fella but I don't agree. Baliffs can be beaten easilly if you stand firm and know your rights. Even if the debt is justified the charges never are.

 

You seem to advise that to battle a baliff is asking for trouble. If so then I guess many of us on here like trouble AND have won.

 

I'm glad your no longer one of the scumbags but your views are tarnished due to industry 'brain washing'.

 

We can and will beat the baliff on a daily basis. I'm sure your experience will prove a useful insight.

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I can assure you I have seen more people lose when 'battling the bailiff' than those who have won. Many many more. I'm not talking about those who are fighting bailiffs who have added illegal fees or are there for payment in full etc, just those who want the case paid off without the hassle and problems. After all, a lot of the time, the debt is legitimate.

My view is not tarnished in any way, I despise them all, I hate the industry but for the sake of one fee I don't think it is worth it. Everyone is different...I have a young son and can imagine that those with children and having an enforcement bailiff calling round making stress just because they wouldn't allow a levy, it just isn't worth it.

As I said, I will be writing more towards enforcement soon and also what to do if you really do want to fight the bailiff right from the start and if you have a legitimate reason etc. I don't agree with bailiff fees, I am trying to explain the best way in my opinion and experience to deal with a debt. If all cases were dealt with like I said then bailiff companies would make no where near the money they make now, they make almost all of their money from people who refuse to set up a payment plan or those who set one they can't afford. It's a fact.

 

I'm also presuming most people who come on here don't come to say 'I'm going to fight these bailiffs' but probably to say 'what the hell do I do?'. So many people think a levy bailiff is there to threaten them and remove goods, I used to get asked if they did that on a daily basis.

Edited by consumer_justice

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Spamheed, you don't seem to have understood at all. There are so many people like this who just think 'bailiff companies are impossible and will rip me off so I'm not going to deal with them'. Not true. You just have to know how to deal with them.

What I meant was yes set a payment arrangement with them but if they get pushy then back off and threaten to contact council or CAB because the last thing the bailiff wants is no payment plan at all.

I don't know if I stressed this enough either...You do NOT have to pay up front to set up a payment plan so don't be pushed into it.

TRUTH...the CAB have a deal with the company I used to work for that if they call then the company have to put the case on hold for 2 weeks and call the case back from the bailiff. They are also trying to strike deals with other companies too but I'm unsure about the outcome. The company I worked for really do have to take notice of the CAB though. They always adhere to the rules when they're involved.

Oh and if anyone wants to know who I worked for then PM me.

Again, I'm trying to help, don't put people off sorting out their problems the simple way. Out of all the people I ever dealt with, the happy people who were friendly were the people who allowed the levy and agreed a sensible payment plan, not those who fought it from the start. I've seen so many cases escalate for abolutely no reason.

 

 

 

Don't get me wrong here it's nice for people that have been on the other side to post but

 

You aswell as all bailiffs no that some people can't pay not won't can't and they have to pay what they can afford at the time which is not what the bailiffs want is it? be truthful now

 

They stitch you up left right and center untill your levied up to your eyeballs and can afford no more... then call you and say you need to pay more when they darn well know you can't so come and take your stuff or give you more aggro .Now I realise that some people don't pay and if they don;t pay then they all have to pay the penalties.....

 

 

Now most of us all know here that you DON'T HAVE TO DO ANY BUSINESS with a bailiff and that's Law not fact, All you need to do is pay the council direct and in the end they will see you are paying off the debt and carry on taking you money to finish paying...

 

So really and truly it's only the people that don't know about this forum or their rights that suffer , But they soon find it and get to know their rights then the bailiff suffer's not them

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I agree completely that a lot of the people suffering are the poorer people and a lot won't see the forum but in my experience if they are on benefits or they go through the CAB then the company will set an affordable arrangement.

I've just spoke to a friend who advised me that if an arrangement is made with the company before the levy bailiff goes out then at the moment, half of the time the bailiff won't even bother going, they will just add the 42.50.

Paying the council is one option but the bailiffs aren't just going to give up and let that happen because they lose out, they will still add fees and send it to enforcement. As I said, this is aimed at people who don't want to go through that.

Law means very little to bailiffs companies and the councils are usually on their side anyway. The police don't know what to do because they don't know who they should be assisting. I've seen lots of cases where removal has taken place with police help.

If you want to fight them and refuse to pay them direct then that's great, possibly the best thing to do if it works out but it's not for everyone.

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Paying the council is one option but the bailiffs aren't just going to give up and let that happen because they lose out,

 

Giving up is exactly what they will have to do if you know your rights and stand up to them. Not because i refused to pay, but because i refused to pay them. I actually ripped the last jerk to pieces contradicting everything he said. They got so peeved at getting nothing out of me, they actually apologised for troubling me again.

Heard nothing for about 12 months now.

 

they will still add fees and send it to enforcement.
They can add all the fees they want. Doesn't mean they are correct and have to be paid. And what enforcement exactly ?

 

Law means very little to bailiffs companies and the councils are usually on their side anyway. The police don't know what to do because they don't know who they should be assisting. I've seen lots of cases where removal has taken place with police help.

 

Then its time the law was brought out in the open for ALL to see.

The law is on YOUR SIDE. Dont pay them a penny.

 

If you want to fight them and refuse to pay them direct then that's great, possibly the best thing to do if it works out but it's not for everyone.

 

And if we dont lead the fight, they will continue to rip you off for as long as you let them

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I presume, Dodgy Geezer, that you are talking about the enforcement bailiff?

Not once have mentioned paying an enforcement bailiff, because I completely agree with you on that, they are money grabbing, unlawful, nasty people.

I am talking about when the very first letter arrives saying the company have taken over the debt. For those who don't want the hassle of repeated bailiff calls and trying to get fees taken off etc then I think, from experience, that the best thing to do is agree a payment plan immediately. As I said before, half the time the first calls/levy bailiff won't even call if the payment plan is already in place. It is the complete ignoring of correspondence and total refusal to deal with it that will lead to enforcement action with the enforcement bailiff.

 

I totally agree that the law has to come out and people needed to be educated and nobody should be ripped off by an enforcement bailiff, or even a levy bailiff if he tries it on.

 

This thread has been completely misunderstood. It was aimed at people who have received a first letter saying a bailiff company has taken over the debt, and with my personal opinion that it is easier to just make the payment plan, and also exactly what to do to make sure it is done properly.

I am not encouraging people to deal with enforcement bailiffs in any way, I actually think everybody should fight a bailiff company when the case has gone to an enforcement bailiff.

If you don't want the hassle then do as I first said, but do it properly. If you want to fight from the start then just ignore this!

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I presume, Dodgy Geezer, that you are talking about the enforcement bailiff?

Not once have mentioned paying an enforcement bailiff, because I completely agree with you on that, they are money grabbing, unlawful, nasty people.

I am talking about when the very first letter arrives saying the company have taken over the debt. For those who don't want the hassle of repeated bailiff calls and trying to get fees taken off etc then I think, from experience, that the best thing to do is agree a payment plan immediately. As I said before, half the time the first calls/levy bailiff won't even call if the payment plan is already in place. It is the complete ignoring of correspondence and total refusal to deal with it that will lead to enforcement action with the enforcement bailiff.

 

I totally agree that the law has to come out and people needed to be educated and nobody should be ripped off by an enforcement bailiff, or even a levy bailiff if he tries it on.

 

This thread has been completely misunderstood. It was aimed at people who have received a first letter saying a bailiff company has taken over the debt, and with my personal opinion that it is easier to just make the payment plan, and also exactly what to do to make sure it is done properly.

I am not encouraging people to deal with enforcement bailiffs in any way, I actually think everybody should fight a bailiff company when the case has gone to an enforcement bailiff.

If you don't want the hassle then do as I first said, but do it properly. If you want to fight from the start then just ignore this!

 

Its a rare thing to even get a first letter from a bailiff company half the time they just turn up demanding payment.

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Yeah that can happen, depends what area of the country you're in usually. A few councils down south send the case straight to an enforcement bailiff but not many. The company I worked for almost always sent a first letter then if the person called back within a week to make an payment arrangement (monthly/weekly) then that was that, they would send a levy bailiff if one was around but not always and even if he couldn't do the levy they would still leave the payment arrangement in place as long as it was kept to.

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The bailiff has NO power of enforcement. They only gain power once you give it to them by means of a WPO.

 

What letter are you talking about. I only got letters from the council, and then a liability order from the court. And then hand delivered letters from the bailiffs.

 

IMHO Never Ever agree to pay them anything. Tell them to go away, and mean it.

They will rip you off, and then deduct their fees before the council get anything if you agree a payment plan.

 

Pay the coucil direct, they cannot refuse to accept it.

Edited by HSBCrusher
its much nicer to be firm but polite :-)

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