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Rossendales Bailiff called this morning - still shaking!!Help needed


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Dear All

Just had a very upsetting experience with a bailiff from Rossendales. He called to levy on goods due to unpaid Council Tax from a previous address. As my OH and I are on prescribed benefits I offered, in a previous letter to the council, offered to pay them direct and said I wanted nothing further to do with Rossendales. I stupidly hadn't paid since end September as we have been so short of cash.

 

We received no notification that the Bailiffwould be calling, he stated that he "has the right to break into our property because he has the court warrant". I replied that this was untrue as no bailiff has ever gained peaceful entry.

 

Things got very out of hand, he was aggressive and bullying and I was extremely intimidated, he threatened to punch my partner in the face if he didn't allow him into the house! We have three witnesses to this. He also threatened our landlord, who lives nearby and came over to see what was happening when he heard all the noise, shouting etc.

 

I wrote to the council some time ago stating that I would not deal with Rossendales and that the council should take the debt back but they refused, my partner has a debilitating condition and depression, plus first language not English, the council know this and yet still send this thug.

 

I'm sorry this is so long but I'm still shaking and can't quite believe how things progressed. I did ring the police and they came, they were actually quite good and advised us never to allow the Bailiffs in and eventually the warant would go back to the council.

 

I'm worried now, as even if I do make a payment direct to the council this chap said he would be back in 10 days for the full amount and if I don't have it he'll be back to "take whatever he can".

 

I thought I'd be up for dealing with the bailiffs should they ever call as I've learned so much from this site and felt pretty confident of my rights, however, the reality was different and I was a gibbering wreck who could barely bleat a sentence! It was that frightening.

 

What do I do next guys!? I can't pay £500 in 10 days or even 10 weeks! How do I get this creep to back off? I have to admit to feeling very scared at the moment. Please help.

Eliza

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Guest Happy Contrails

You might be a vulnerable person for the purposes of civil enforcement. A vulnerable person means http://www.dca.gov.uk/enforcement/agents02.htm#part10

 

If you need help from a professional body in dealing with bailiffs then Z2K might be able to help. http://www.z2k.org/supporting-vulnerable-households

 

If you have received no notification at your CURRENT address about a liability from yuor PREVIOUS address then the council failed to comply with Regulation 33 of the Council Tax (Administration and Enforcement) Regulations 1992.

 

The Council Tax (Administration and Enforcement) Regulations 1992

 

It requires the council to send you FINAL NOTICE, and they clearly have not. Section 7 of the Interpretation Act 1978 decides whether notice was effectively served.

Interpretation Act 1978 (c.30)

 

Evidence to the contrary exists because the liability was for your previous address and the bailiff attended your current address. Contact the council and show them this post,and ask them to take the case back to town hall administration. If you are still fobbed off with excuses, contact the Local Government Ombudsman and apply for compensation for receiving a bailiff (LGO awards are about £100 for a Regulation 33 failure).

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inform the police if you have witnesses of his threats etc

 

oops just noticed you did

PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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inform the police if you have witnesses of his threats etc

 

oops just noticed you did

 

I suggest that you report the matter to your local councillor and ask for his/her assistance in having the account returned to the council, which should be possible as it seems that you are a vulnerable person. Moreover, even if the council refuse to take back the debt, there is nothing to stop you from paying them anyway, either by cheque or standing order: there is no law that says you have to deal with the bailiffs, and I would advise you to refuse to do so.

 

I think, also, you should get back to the police and insist that, as a victim of threatening behaviour, which can be verified by a number of witnesses, you want the bailiff to be arrested. Please don't be fobbed off and, if you have to, insist that you speak to a senior officer. Make sure, too, that the police give you a crime number, and keep plugging away at the police until they do something.

 

To stop the bailiff returning, you should also write a brief complaint to the bailiff company explaining that you refuse to deal with a company that behaves in such a manner, that you are a vulnerable person and that you have complained to the police and the council. My guess is that, once they know you mean business, they will back off and give up. If, however, the bailiff or one of his cronies again visits your address, don't open the door and don't even speak to him through the letterbox or window. He is powerless, and he knows it!

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Fairplay..thank you so much for your advice. I will do as you suggest and get the local councillor involved. I just opened the letter which the bailiff handed to me (I wasn't thinking - just took it!) The letter is as follows (no scanner so will have to type it):

BAILIFF REMOVAL

MAGISTRATES LIABILITY ORDER/DISTRESS WARRANT FOR UNPAID COUNCIL TAX

PAYMENT DUE IN FULL IN 24 HOURS

 

I have attended today with the intention of removing goods and chattels as are necessary to discharge the above debt and any additional ENDORCEMENT COSTS incurred.

PLEASE NOTE - no further arrangements are acceptable and payment is now required in full by CLEAR FUNDS ONLY.

 

I will re-attend at your address at my convenience and may REMOVE goods even in your absence. SHould you wish to avoid this courseof action contact me immediately on the telephone number below to arrange prompt payment of your debt.

 

NO CONTACT WILL BE SEEN AS YOUR REFUSAL TO PAY

Yours etc

 

The bailiff actually said he would give me "10 days to come up with the money". He didn't gain access to the house as I locked the door but he forced his way through the gate (my partner was trying to keep him out) and levied on horse rugs, feed buckets and even a broom!!!!!!!

 

Does this letter he handed to me give him the power from the Court (as he said it did) to enter our home even if all doors and windows are locked, and in our absence? Is this just another scare tactic? (It worked)

 

I'm still in slight panic mode and not thinking awfully clearly yet. Should I write to Rossendales stating that I have no legal obligation to deal with them and will have no further communication, as well as the letter to council and councillor?

 

Your advice is really appreciated. I've managedto avoid face to face confrontation with these hired henchmen as I've used advice and letter templates from this forum which has kept them away so far, but this was reality, with him standing less than a foot away, jabbing his finger at me, speaking very loudly and involving neighbours and threatening violence. I can only imagine how people in even more vulnerable situations feel and cope if it's left me a total wreck.. These bailiff companies are legalised mafia imo (And yes I know we should've paid the CT but we both lost jobs, things became very difficult)

 

Sorry again for the long winded ramble

Eliza

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Does this letter he handed to me give him the power from the Court (as he said it did) to enter our home even if all doors and windows are locked, and in our absence? Is this just another scare tactic? (It worked)

 

just another scare tactic

 

until a bailiff has gained peaceful entry into a home he has no power to get a locksmith police etc to gain entry

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Fairplay..thank you so much for your advice. I will do as you suggest and get the local councillor involved. I just opened the letter which the bailiff handed to me (I wasn't thinking - just took it!) The letter is as follows (no scanner so will have to type it):

BAILIFF REMOVAL

MAGISTRATES LIABILITY ORDER/DISTRESS WARRANT FOR UNPAID COUNCIL TAX

PAYMENT DUE IN FULL IN 24 HOURS

 

I have attended today with the intention of removing goods and chattels as are necessary to discharge the above debt and any additional ENDORCEMENT COSTS incurred.

PLEASE NOTE - no further arrangements are acceptable and payment is now required in full by CLEAR FUNDS ONLY.

 

I will re-attend at your address at my convenience and may REMOVE goods even in your absence. SHould you wish to avoid this courseof action contact me immediately on the telephone number below to arrange prompt payment of your debt.

 

NO CONTACT WILL BE SEEN AS YOUR REFUSAL TO PAY

Yours etc

 

The bailiff actually said he would give me "10 days to come up with the money". He didn't gain access to the house as I locked the door but he forced his way through the gate (my partner was trying to keep him out) and levied on horse rugs, feed buckets and even a broom!!!!!!!

 

Does this letter he handed to me give him the power from the Court (as he said it did) to enter our home even if all doors and windows are locked, and in our absence? Is this just another scare tactic? (It worked)

 

I'm still in slight panic mode and not thinking awfully clearly yet. Should I write to Rossendales stating that I have no legal obligation to deal with them and will have no further communication, as well as the letter to council and councillor?

 

Your advice is really appreciated. I've managedto avoid face to face confrontation with these hired henchmen as I've used advice and letter templates from this forum which has kept them away so far, but this was reality, with him standing less than a foot away, jabbing his finger at me, speaking very loudly and involving neighbours and threatening violence. I can only imagine how people in even more vulnerable situations feel and cope if it's left me a total wreck.. These bailiff companies are legalised mafia imo (And yes I know we should've paid the CT but we both lost jobs, things became very difficult)

 

Sorry again for the long winded ramble

Eliza

 

THE fact that he levied on a broom and other odds and ends outside your house does not give him the right to break into your home. He's just trying to frighten you. You should, however, try and hide your car, if you have one, as he would be able to levy on that if he found it. BUT, the best bet is to get the council to call him off and to write a strongly worded complaint (by email and recorded delivery) to the bailiff company in order to scare them off in the meantime. And PLEASE, as you were threatened, PURSUE THIS MATTER WITH THE POLICE. As you've got witnesses, it looks to me that you've got a very strong case for having the man arrested, but the police will not do anything unless they're pushed.

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Guest Happy Contrails

 

Does this letter he handed to me give him the power from the Court (as he said it did) to enter our home even if all doors and windows are locked, and in our absence? Is this just another scare tactic? (It worked)

 

Rossendales do it all the time, this bailiff was caught on camera and he is no longer a bailiff!!

 

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another example and BBC interview

 

 

ohh and a CAG plug on this one

 

http://www.youtube.com/watch?v=oYynA-yL5is&feature=related

 

its voice only no video

NEVER FORGET

 

[sIGPIC][/sIGPIC]

 

Help Our Hero's Website

 

http://www.helpforheroes.org.uk/

 

HIGHWAY OF HEROES

 

http://www.consumeractiongroup.co.uk/forum/bear-garden/181826-last-tribute-our-lads.html

 

Like Cooking ? check the Halogen Cooker thread

http://www.consumeractiongroup.co.uk/forum/bear-garden/218990-cooking-halogen-cookers.html

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You might be a vulnerable person for the purposes of civil enforcement. A vulnerable person means http://www.dca.gov.uk/enforcement/agents02.htm#part10

 

If you need help from a professional body in dealing with bailiffs then Z2K might be able to help. http://www.z2k.org/supporting-vulnerable-households

 

If you have received no notification at your CURRENT address about a liability from yuor PREVIOUS address then the council failed to comply with Regulation 33 of the Council Tax (Administration and Enforcement) Regulations 1992.

 

The Council Tax (Administration and Enforcement) Regulations 1992

 

It requires the council to send you FINAL NOTICE, and they clearly have not. Section 7 of the Interpretation Act 1978 decides whether notice was effectively served.

Interpretation Act 1978 (c.30)

 

Evidence to the contrary exists because the liability was for your previous address and the bailiff attended your current address. Contact the council and show them this post,and ask them to take the case back to town hall administration. If you are still fobbed off with excuses, contact the Local Government Ombudsman and apply for compensation for receiving a bailiff (LGO awards are about £100 for a Regulation 33 failure).

 

Hello again, I think we received a final notice at the old address, the bailiff did call at our previous address, didn't gain peaceable entry but levied on a hire car which was sitting in our driveway. I haven't received a final notice at the new address, just letters from Roseendales. DO you still think the Interpretation Act applies?

Thanks in advance

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Guest Happy Contrails
I haven't received a final notice at the new address, just letters from Roseendales. DO you still think the Interpretation Act applies?

Thanks in advance

 

Yes it does. I have an Ombudsman letter given to me from another poster on this forum, I can dig it out if needed, and quote the actual wording of the ombudsmans findings.

 

Are you sure the bailiff as he is named in the You Tube video? Any chance you can capture him again with your mobile? It can be sent to his certificating court on a Form 4.

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Yes it does. I have an Ombudsman letter given to me from another poster on this forum, I can dig it out if needed, and quote the actual wording of the ombudsmans findings.

 

That would be great if you don't mind doing that.

 

Are you sure the bailiff as he is named in the You Tube video? Any chance you can capture him again with your mobile? It can be sent to his certificating court on a Form 4.

 

I am absolutely certain - same name, same voice, same loud, over-bearing, arrogrance and aggression. I tried to catch him on camera but my digicam has been playing up and I'm not sure if I caught anything. He became very agitated and agry when I started filming and said this was illegal as I hadn't asked pernission. I'll check the camera and see if I have caught anything at all.

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As far as i am aware (I am sure someone will correct me if i am wrong), but you can record them without permission, unless you intend on using the evidence in a court of law. The same goes with telephone conversations i believe.

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Well, my camera DID work, just downloaded the short film showing bailiff telling me to turn the camera off as it's illegal and also, most kindly "giving me 10 days to find the money"..very gracious of him that! I actually did say I would try to get the money in 10 days but the possibility is, of course, nil but I wanted rid of him.

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I have lots of recorded telephone conversations with quite a few finance companies, DCA's (including one recent conversation which included 18 expetives aimed at my wife!). It's funny how they change their tune once you let them know they are being recorded, most just hang up afterwards! :D

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Just posted a comment on that YT clip, in which I mentioned this thread. If another court complaint goes through, he can hardly hide the fact he's been caught out before.

 

He only has himself to blame if his licence gets revoked. And if it does, then great.

Edited by F_DCAs
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I actually knew of this bailiff's reputation for bending thr truth as while he was outside I spoke briefly to achap whose number I found on the net who helps people in this position. He told me this particular bailiff was fined (perhaps it was the same case as is on YT?) I mentioned this to the bailiff and he said that he was "completely exonerated". Is there anyway of checking this out does anyone know? He claims to have a certificate issued by Burnley CC.

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yes he is certificated (unfortunately) i had a look earlier

 

www.hmcourts-service.gov.uk/CertificatedBailiffs

 

 

Typical..he's well known to the courts for his false claims of the power he has and yetSTILL he gets a certificate. Obviously the councils couldn't careless what tactics are used by these thugs.

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Just hada thought, aren't the Bailiffs supposed to give written notification of an intended visit? Can they really just show up without any warning?!

 

 

I'm afraid they can just show up :sad::sad: for council tax

the council are supose to give you 14 days notice of an intended bailiffs visit but thats only before enforcement starts

.insolvencyhelpline

Will I get advance notice of a bailiff visit and fees?

From 1 April 1998, local authorities must send you a letter giving 14 days notice of a proposed bailiff visit to collect council tax. County court bailiffs must issue a warning notice allowing 7 days for you to pay.

Edited by hallowitch
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Dear All

Just had a very upsetting experience with a bailiff from Rossendales. He called to levy on goods due to unpaid Council Tax from a previous address. As my OH and I are on prescribed benefits I offered, in a previous letter to the council, offered to pay them direct and said I wanted nothing further to do with Rossendales. I stupidly hadn't paid since end September as we have been so short of cash.

 

We received no notification that the Bailiffwould be calling, he stated that he "has the right to break into our property because he has the court warrant". I replied that this was untrue as no bailiff has ever gained peaceful entry.

 

Things got very out of hand, he was aggressive and bullying and I was extremely intimidated, he threatened to punch my partner in the face if he didn't allow him into the house! We have three witnesses to this. He also threatened our landlord, who lives nearby and came over to see what was happening when he heard all the noise, shouting etc.

 

I wrote to the council some time ago stating that I would not deal with Rossendales and that the council should take the debt back but they refused, my partner has a debilitating condition and depression, plus first language not English, the council know this and yet still send this thug.

 

I'm sorry this is so long but I'm still shaking and can't quite believe how things progressed. I did ring the police and they came, they were actually quite good and advised us never to allow the Bailiffs in and eventually the warant would go back to the council.

 

I'm worried now, as even if I do make a payment direct to the council this chap said he would be back in 10 days for the full amount and if I don't have it he'll be back to "take whatever he can".

 

I thought I'd be up for dealing with the bailiffs should they ever call as I've learned so much from this site and felt pretty confident of my rights, however, the reality was different and I was a gibbering wreck who could barely bleat a sentence! It was that frightening.

 

What do I do next guys!? I can't pay £500 in 10 days or even 10 weeks! How do I get this creep to back off? I have to admit to feeling very scared at the moment. Please help.

Eliza

 

Hi Eliza.

 

What is the bailiffs name?

 

Mr W

Regards..Mr Worried :)

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Guest Happy Contrails
Can they really just show up without any warning?!

 

No they cant.

 

 

 

 

Regulation 33 of the Council Tax (Administration and Enforcement) Regulations 1992

 

33.—(1) Subject to paragraph (3), before a billing authority applies for a liability order it shall serve on the person against whom the application is to be made a notice ("final notice"), which is to be in addition to any notice required to be served under Part V, and which is to state every amount in respect of which the authority is to make the application.

 

 

Regulation 34 of the Council Tax (Administration and Enforcement) Regulations 1992

 

(2) The application is to be instituted by making complaint to a justice of the peace, and requesting the issue of a summons directed to that person to appear before the court to show why he has not paid the sum which is outstanding.

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No they cant.

 

 

 

 

Regulation 33 of the Council Tax (Administration and Enforcement) Regulations 1992

 

33.—(1) Subject to paragraph (3), before a billing authority applies for a liability order it shall serve on the person against whom the application is to be made a notice ("final notice"), which is to be in addition to any notice required to be served under Part V, and which is to state every amount in respect of which the authority is to make the application.

 

 

Regulation 34 of the Council Tax (Administration and Enforcement) Regulations 1992

 

(2) The application is to be instituted by making complaint to a justice of the peace, and requesting the issue of a summons directed to that person to appear before the court to show why he has not paid the sum which is outstanding.

 

Thanks for the reply hc but we received a final notice at our old address. I don't believe the regulations quoted apply in this case?

I just wondered if they weren't supposed to write and advise you of their intention to call...I thought they had to give 7 days notice.

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