help with bailiffs

[taff18]

My partner has had a wpa with chandlers since august 2008 which we have been paying off at the rate of 50.00 a month since this wpa was set up i have been made redundant and my partner has had her hours cut which means we are now claiming both council tax and housing benefit i have asked chandlers for a reduction in the payments due to change in our circumstances but they refused. i have e-mailed swindon borough council but am still awaiting reply will i be able to refuse the bailiff entry when he comes to our property any help much appreciated:confused:

[pink_eeyore]

Not if they have a wpa.

 

Are you sure this is since 2008?

 

Seems an uncharacteristically long payment arrangement for bailiffs to agree to.

 

Your best option will be speaking to the council concerned and pointing out you are now in reciept of benefits so should no longer be dealing with the bailiff and they should request the case back from the bailiff and let you pay the council direct at a reduced rate.

 

You should have a means test prepared for when you speak to the council so you can tell them how much you can afford and why.

[taff18]

yes august/september 2008 i have already mailed the council concerned and am still awaiting reply stating that we are in receipt of benefits etc and asking to pay them direct instead of dealing with chandlers i have had dealings with this company sin 200 and have found them anything but helpfull

thank you

[Guest Happy Contrails]

we are now claiming both council tax and housing benefit i have asked chandlers for a reduction in the payments due to change in our circumstances but they refused. i have e-mailed swindon borough council but am still awaiting reply will i be able to refuse the bailiff entry when he comes to our property any help much appreciated:confused:

 

Yes you can refuse entry, the law does not obligate you to do business with a bailiff.

 

Does this apply to you? 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

[taff18]

does that mean that even though we have a wpa we can still legally refuse entry to the bailiff

[FairPlay77]

does that mean that even though we have a wpa we can still legally refuse entry to the bailiff

 

My understanding is that, even with a WPO, they first have to notify you when they intend to come and take your goods, i.e. they can't just turn up without notification. But, if someone's circumstances change after they have singed a wpo, their best bet is to go back to the council and explain their difficulties and ask for the bailiff to be called off.

 

But the best bet of all is NEVER to sign a WPO in the first place.!

[taff18]

thank you very much all help appreciated i will take the council route and se what they say

[hallowitch]

do you still have a copy of the wpa

if yes can you list the goods levied

[Guest Happy Contrails]

If the bailiff has overcharged you with his fees, this is an excellent route to get the case back into council administration and the WPA is nullified. Ask the council the amount shown on the Liability order,establish how much has been paid already, then send the bailiff the following letter to pass a truth-test about his fees. I have assumed for the moment, this if a council tax debt.

 

The Bailiff Company

Their Address 1

Their Address 2

Their Address 3

Postcode

 

BY POST AND BY EMAIL

 

DATE

 

Dear Sir/Madam

 

Re: [YOUR NAME + REF]: Your fees.

 

I write following visits by your bailiff however there appears to an irregularity with your fees and I am writing to ask you to provide me the following within seven (7) days:

 

1) The name of the court that issued the certificate for the bailiff in charge.

 

2) Written itemised breakdown of a) your fees, and b) the original debt.

 

3) The name and address of the organisation that instructed you

 

4) a) Truthfully confirm in writing your fees are lawful and comply with legislation or, b) refund me the unlawful fees plus reasonable compensation for being cheated by your bailiff with his fees by midday the seventh day from the date of this letter.

 

A bailiff or any other person who dishonestly charges for work that has not been done will be committing an arrestable offence under the Fraud Act 2006. Section 2 of the Act specifically describes a person dishonestly makes a false representation and intends, by making the representation, to make a gain for himself or another, or cause a loss to another, or expose another to a risk of loss therefore, if no satisfactory refund is made to me by 12.00 midday seven (7) days from the date of this letter I will automatically file a complaint to police under the 2006 Fraud Act and the Proceeds of Crime Act 2002. If you have charged VAT on unlawful fees then you may be reported for VAT fraud and your documents will be given in evidence.

 

Case law requires I recover unlawful bailiffs fees from your client that instructed you. If you fail to make the required refund within seven days I will automatically proceed by filing the claim at court.

 

This is a letter before action and is not a request to access any personal data about me in the meaning of the Data Protection Act 1998. It is delivered by Royal Mail and deem it good service upon you by the ordinary course of post under Section 7 of the Interpretation Act 1978. It now is your responsibility and in your best interests this letter is handed to the relevant person within your organisation.

 

Yours Sincerely

 

YOUR NAME

Copied to: [NAME OF COUNCIL]

[taff18]

i will also try this the bailiff has not called at my home yet but i am expecting him anyday as i missed a payment due to not having the money to pay it . it was food for the kids or bailiff kids won

[taff18]

does any one know what letter that i should send to council asking that they get file back from bailiffs or is there not one as i cant seem to find one in library, sorry for any inconvenience caused having a bad day

[Guest Happy Contrails]

The only templates for getting a case back to council administration is on fee irregularity, or you are a vulnerable person for the purpose of civil enforcement.

 

You can have a case transferred back if the council fails to comply with enforcement regulations (preliminary steps), but I've never made a template for it as this scenario is not a common occurring.

[tomtubby]

What goods are listed on the WPA?

[taff18]

i cannot find the list of items listed but it was for tv settee microwave etc, i had a visit from bailiff today who posted a letter stating they want full payment and would "return from today2" written on the letter

 

Can they do this or have they got to give me a specific time and date and do they have to give me any notice

thanks for help

[hallowitch]

the bailiff must give you a time and date for re-entry to remove goods

pity you cant find the walking possession agreement

have you ever had a breakdown of bailiff charges that have been added to your account

AMENDMENTS TO TEXT

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

[taff18]

Thank you Hallowitch for clarifying the question i asked i will try and find the wpa its here somewhere, regarding the breakdown of bailiff charges i have never received one should i ask for this as i did not know i could request this

thanks

[hallowitch]

Thank you Hallowitch for clarifying the question i asked i will try and find the wpa its here somewhere, regarding the breakdown of bailiff charges i have never received one should i ask for this as i did not know i could request this

thanks

 

 

send this to the bailiffs company (or something along these lines)

 

 

please provide me with the screenshot of my account held by yourselves for the collection of council tax arrears for xxxxxxxxx council

This is not a request to access personal data about me in the meaning of the Data Protection Act 1998.

this is information regarding my account that you are required under

The council tax administration and enforcement regulation) 1992 (amended) to provide me with when requested

 

please provide this information within 7 day of receipt of this recorded delivery letter if my screenshot is not received within the aforementioned time i will take this as a refusal to comply with my request and will result in a formal complaint to the chief executive of xxx council in the first instance

all correspondence regarding this matter will be forwarded to xxx council to be held on file for future reference

[taff18]

sorry i have not been on site for while i sent a letter to local council regarding c/t arrears stating that my partner is suffering from anxiety and depression and is classed as bein vulnerable person under the enforcement agents act (24/5/10) i also copied in chandlers bailiffs by email and also by hard copy today at 1pm bailiff from chandlers turns up and says that even though he has ot my email and letter that the council are still instructin him to come and collect on wpa tomorrow morning from 6am

 

i asked them to take back file from bailiffs and to deduct monies from my employment support allowance

 

help needed please

[taff18]

just an update to my earlier post i have sorted thi with swindon council they hav e now taken the file back off the bailiffs (chandlers) who came to my home earlier and said they had spoken to council but had been instructed by the council to collect the debt anyway, i have now got it put onto an arrangement where council take 3.00 a week out of my esa

 

i got this by sendin them the letter from cag stating the vulnerable persons act

 

chers cag for the invaluable advice given by the members will donate as soon as i can