Very Urgent

[Oscar&Emmie]

Hi, I posted the other day but I am really panicking now, If I dont pay by tomorrow lunch, he said he will instruct van to call on Monday! The only thing is though I will not be in the country as i have to fly put to my daughter tomorrow who has just had her baby 10 weeks early! My other two children will be in the house though and stupidly we thought e were doing right by signing the walking possession order... I have been ringing loan companies and log book loans but cant get anything... I am due to leave at three in the morning.... I dont know what to do or where to turn please help!

[hallowitch]

don't worry about the bailiffs removing your goods when your gone they wont however i believe you have walking possession agreement on your car try to get it locked away in a garage until you get back

i know the wap may not be lawful but at the moment you don't have time to worry about getting it removed

 

e-mail your council and tell them that the bailiff has refused an offer of £220 per month this payment would clear the debt before the end of the financial year

tell the council in your e-mail that you can only communicate by e-mail explain why

[dx100uk]

if you can pay

pay the council concerned via internet banking [details will be on the reverse of a ctax bill]

 

them email the bailiff saying its being dealt with direct to the council.

 

dx

[Oscar&Emmie]

He doesnt have walking possession for the car, its not written down. He has thrown in the fact that even though my children will be alone he will bring the police and locksmiths! The council wont get my email until monday by which time I will be in germany....talk about bad timing. I realise this is our own fault but stuff happens and before you know it you are in deep with the bailiffs!

[Oscar&Emmie]

I have no money to pay it all this weekend either .....

[Oscar&Emmie]

Does he have to give us it in writing when he is coming round?

[Oscar&Emmie]

If he does come round can he take anything that he didnt write down on the walking possession?

[hallowitch]

he has already got a wpa so your car is safe

 

he cannot get a locksmith to force re-entry unless he has an agreement in place and you have default on on it

in your case you have not set up an agreement plan

send the e-mail to the council doesn't matter that they wont get it till Monday

you are a long way from getting your goods removed

and to force re-entry they have to inform you in writing that they want to remove your goods they would only be allowed to get a locksmith if you wilfully refused them entry

 

CODE OF PRACTICE

ON

LOCAL AUTHORITIES' USE OF BAILIFFS

IN THE ENFORCEMENT OF LOCAL TAXES

UPDATE & AMENDMENT SHEET

April 2000

(includes a response to review of bailiffs' powers

prepared on behalf of Lord Chancellor's Department

by Professor Jack Beatson QC,

There have been changes wrought by case law and also by amendments to the

Distress for rent Rules 1988 and Council Tax (Administration & Enforcement)

Regulations 1993 as follows.

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

[Oscar&Emmie]

We also told him to call round with the van as we cant pay but to come a week on Monday so that we are here, he also put a letter through our door earlier. It was a final notice.... asking us to contact him to arrange a suitable time for them to be allowed access to your premises. Even if I could find the money, i am thinking i am going to have to bite the bullet and ask my parents who will go mad at me!, we dont exactly how much to pay now as he isnt answering phone and it is scribbled on letter £1018 plus costs??? what costs and how much??

Edited October 30, 2009 by Oscar&Emmie

[Oscar&Emmie]

Sorry lots of questions but can he take ornaments and things like that?

[dx100uk]

he can only take what he has listed

but he cant do that anyway as stated

 

dx

[Oscar&Emmie]

Thanks for your replies to my posts I got back in the country in Saturday and he had not been round. However i had told him to call yesterday as we could not afford to pay, no visit. Then today a telephone call saying we had 24 hours and then he was passing it back to the Courts for prosecution who could then put my husband in prison! Is this true? I emailed the council as suggested last monday and they are currently looking into, i offered to pay £220 per month to get it cleared before next years bill. However now we have had a visit from a different Rossendales bailiff with a different years bill, this time for £1500!! I know all this is our fault but we are trying to get this sorted as best we can. We are using a debt consolidation company for other debts, this is in the process of being sorted out. I am a student nurse with a bursary of £600 per month, we get WFTC of £130.00 per week and Child benefit of £32.00 per week. My husband is self employed as a window cleaner but has recently had time off due to operation and being winterish his earnings are limited to about £175.00 - £200.00 per week. This probably looks like a lot of money coming but we struggle all the time, we dont go out or buy anything. We have 3 children living at home and get no help with council tax or rent which is £600.00 per month.

Now that our council tax debt is £2500, we have no chance of clearing it before next years bill. Rossendales want £520 per month for the second one as i said the first one has been passed back to the Court. It feels like the hole is getting deeper and deeper. I qualify next May at which time i hope to get a full time job which will help but that is six months away. Any further advice on our situation would be greatly appreciated. Also i am planning to make a payment of £50.00 direct to the council tomorrow..is this a good idea?

[ploddertom]

Thanks for your replies to my posts I got back in the country in Saturday and he had not been round. However i had told him to call yesterday as we could not afford to pay, no visit. Then today a telephone call saying we had 24 hours and then he was passing it back to the Courts for prosecution who could then put my husband in prison! Is this true?

 

He has no authority, it is true the Council could apply for a Committal hearing and as a last resort imprisonment could be made but these are for very extreme cases and you are a long way from this.

 

I emailed the council as suggested last monday and they are currently looking into, i offered to pay £220 per month to get it cleared before next years bill. However now we have had a visit from a different Rossendales bailiff with a different years bill, this time for £1500!!

 

Do you know how much you actually owe the Council. Ask them how much each Liability Order is for and how much is still outstanding. Not sure on the technical bits of this but it may be worth asking for it to be returned to Court for an Assessment of your Income & Expenditure and for the Court to set a level of repayments.

 

I know all this is our fault but we are trying to get this sorted as best we can. We are using a debt consolidation company for other debts, this is in the process of being sorted out. I am a student nurse with a bursary of £600 per month, we get WFTC of £130.00 per week and Child benefit of £32.00 per week. My husband is self employed as a window cleaner but has recently had time off due to operation and being winterish his earnings are limited to about £175.00 - £200.00 per week. This probably looks like a lot of money coming but we struggle all the time, we dont go out or buy anything. We have 3 children living at home and get no help with council tax or rent which is £600.00 per month.

Now that our council tax debt is £2500, we have no chance of clearing it before next years bill. Rossendales want £520 per month for the second one as i said the first one has been passed back to the Court. It feels like the hole is getting deeper and deeper. I qualify next May at which time i hope to get a full time job which will help but that is six months away. Any further advice on our situation would be greatly appreciated. Also i am planning to make a payment of £50.00 direct to the council tomorrow..is this a good idea?

 

It shows willing on your behalf.

 

 

PT

[BlurredFX]

Good call, Plodder,

 

I would agree with the above.

 

Your situation is clearly quite confused - as is mine, currently, but I have been dealing with it for a while. You need to escalate it with the Council so you can get a definitive list of what you owe. That should be your first objective. Don't ask the Bailiff, he will tell you all kinds to confuse you and panic you.

 

I have been paniced by bailiffs, but try not to,

 

Next, if you are unsure as to your entitlement to benefits, try logging on to www.entitledto.co.uk - this has helped some people on here, and is probably worth five minutes of your time.

 

By "passing it to Court for prosecution" he may mean referring it back to the Council, which is what you want, as long as you intend to pay.

 

Hope this helps,

 

 

Blurred:)