Clarification on payment plans with bailiffs

[meekle]

Hi all,

 

I cant see any information regarding this so i thought i would ask the question outrgiht.

 

If you do an income and expenditure sheet, and demonstrate that youn only have £xx keft at the end of a month and offer this in payment to clear your arrears, can the bailiff refuse to take the installments?

 

The reason i ask, is that i entered into such an agreement, and have made payments by cheque to the bailiff. The asked for £100+ per week, but as i pointed out, that was practically what i earned each week and i offered them £40 per month. They have accepted three payments to date.

 

They have now written back stating that "their records" show that i could afford to pay them £60 per week (how did they come up with that?)

 

if they have been accepting £40 per month, but now want £60 per week, can they do this without reason? if they have accepted the payments do this mean that they have accepted the schedule?

 

If they therefore refuse my offer of payment, preferring their own terms, where does that leave me?

 

I have spoken to the council who jusy keep telling me that its not their problem anymore as its in the hands of the bailiff. I must negotiate with the bailiff. I pointed out that the bailiff is under their instruction and therefore is their "employee". If the bailiff is not their "employee" can the council therefore share my personal data, phone numbers address etc with a third party without my consent under the data protection act? I thought that they could only share this type of information with their employees??

 

Your thoughts and wisdom welcomed as ever.

[dx100uk]

if you can pay 'something' then do it direct to the council via internet banking and stuff the bailiff and their charges.

if this is council tax, the info is on the reverse of your bill

 

dx

[meekle]

the council wont accept payments, i need to pay the bailiff. on a previous year i was able to pay the council in bits and that went OK. my question was, if the bailiff has started to accept payments then changes the amount that they want, can they lawfully do so?

 

He is threatening to attend with a van and remove goods. He has never gained entry to my house so he cant come in, there is no levy or walking possession, however, although i have locked away all i can in the garden i do have lots of chickens running around the place and he has stated before that he will seize those. I have these hens for eggs and meat and he will therefore be literally taking my food from the kids! They are all "livestock" some are pets

[High Court Enforcer]

Just remember that bailiffs are sent there to recover goods not payment. Payment is a byproduct of the first point.

 

Acceptance of any arrangement is based on the availability and value of assets to remove and sell.

 

If you own a car worth £3k but have little available income then say goodbye to your car.

 

And yes, if there is value in them, the bailiff can remove livestock.

[meekle]

hmm ok - i thought that bailifffs couldnt remove goods that were used as part of your livelihood, such as computer (if business related) and tools etc as part of your daily work.

 

The livestock is part of a smallholding i run and registered with DEFRA as such, in the name of the smallholding. Do they still count then?

[High Court Enforcer]

hmm ok - i thought that bailifffs couldnt remove goods that were used as part of your livelihood, such as computer (if business related) and tools etc as part of your daily work.

 

The livestock is part of a smallholding i run and registered with DEFRA as such, in the name of the smallholding. Do they still count then?

 

My undertsanding is that they would have to leave you some livestock but not all. However, I think it is very unlikely that these will be removed. The costs in doing so would outweigh any monies recovered.

 

For the 'Tools of the trade' to apply the tools etc must be used solely by the debtor. For example, if you are a minicab and your wife uses the car to collect the kids from school, it is available for seizure.

 

As you have done the income/expediture sheet, unless you are keeping the crown jewels and drive a Bentley I would imagine the council will accept your payment arrangement.

[hallowitch]

I have spoken to the council who just keep telling me that its not their problem anymore as its in the hands of the bailiff

 

 

I pointed out that the bailiff is under their instruction and therefore is their "employee".

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you are correct in what you are saying it has everything to do with the council they are fully reasonable for all bailiffs actions

 

 

hmm ok - i thought that bailiffs couldn't remove goods that were used as part of your livelihood, such as computer (if business related) and tools etc as part of your daily work

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wouldn't like to say if the bailiff can/cant remove your chickens but the above statement is correct

I'm wondering where the bailiff is going to put them if they are removed a question for the council i would think