bailiff help please

[thewakers7]

hi can any one help me, dare i say it involves rossendales bailiffs, i am a married mum of 5 kids, under duress i let this kind man in who was a bailiff and i stupidly signed a wpo, he told me then an there the minimum repayment was £65 pw but if i could fill in a means test which i did our total income is £1500. pm so i offered £55 pw as we privately rent and the council have no 4/5 bed houses to offer us this costs us £700.00 pm they wrote back saying i had to pay £430 pm so i queried this as the bailiff said £65 pw why is that they said he got it wrong he got the council wrong and my particular council need this paying in £20 weeks i paid him £100 on the spot then a further £440, they now have sent the usual letters of no further notices unless you pay outstanding balance we will send a van to remove goods, im not on benefits as my husband works but i do suffer from severe depression is there anything i can do please help this is not making my symptoms any better i am at my wits end

[hallowitch]

hi can any one help me, dare i say it involves rossendales bailiffs, i am a married mum of 5 kids, under duress i let this kind man in who was a bailiff and i stupidly signed a wpo,

 

do you still have the wpa what goods are listed on it

 

he told me then an there the minimum repayment was £65 pw but if i could fill in a means test which i did our total income is £1500. pm so i offered £55 pw as we privately rent and the council have no 4/5 bed houses to offer us this costs us £700.00 pm they wrote back saying i had to pay £430 pm so i queried this as the bailiff said £65 pw why is that they said he got it wrong he got the council wrong and my particular council need this paying in £20 weeks

do you have any of this from the bailiffs in writing

 

i paid him £100 on the spot then a further £440, they now have sent the usual letters of no further notices unless you pay outstanding balance we will send a van to remove goods,

they wont send a van to remove your goods they will add a van fee

 

I'm not on benefits as my husband works but i do suffer from severe depression is there anything i can do please help this is not making my symptoms any better i am at my wits end

 

 

try not to worry to much about this you are a long way from the bailiff actually removing goods

have you had a breakdown of charges from the bailiff

[thewakers7]

hi hallowitch yes still have copy wpo the bailiff wrote on his part that i had to pay £65pw not mine iv already checked that the last letter i got quoted final notice no other warning given a van will just turn up and will cost a minimum of £110 yet in the letter previously it stated it would cost £150. can i ask you why you think removal of goods is a long way off beacuse im frightnend of leaving my house, the medication im on (sounds stupid) is actually making me feel worse at the moment

[hallowitch]

no other warning given a van will just turn up and will cost a minimum of £110

this is so the bailiff can charge you a van fee

 

 

if the bailiff was actually going to remove goods they must give you the time and date of removal

there is case law to support this

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.

 

You must write to the council and make a formal complaint about the bailiffs so called mistake

you have an agreement in place to pay £65 per week(how long have you been paying this have you stuck to this agreement) they cant change it because the bailiff made a mistake

 

there is a list of exempt goods that the bailiff cant levy on can you list the goods on the WPA

[MRSWESTHAM]

Hi

 

Just wondered what medication are you on? Not being personal or nosey but it might be you are classed as a vunerable person.

 

Try not to panic , lots of us has been in your position and come out the other side:)

 

xxx

[thewakers7]

thanks yes they are t.v computer(my sons which is 2nd hand given by a friend) a freeview box another tv and a 2nd hand laptop(my daughters again same friend gave her that) and a very basic £25 quid effort of a dvd player, i have stuck to the agreement i made with the bailiff but after the means test ( iwas hoping to reduce it slightly) once they saw our income expenditure but no they upped it to £110.00 pw??? because the bailiff told me wrong even though i havent agreed to pay them £430 pm and certainly didnt agree with the bailiff himself they have took it upon themselves to say im behind because ive not paid the next installment of £430.00 which ive not agreed to.(hope this makes sense) ive seen on here a thread about vunerable people and how they cant re-enter with force if so would that be the case with me do i fall into this catagory because of my health??

[thewakers7]

hi mrs westham, well im on 20mg citaolopram at the mo, also codine and mebererine for my back

[thewakers7]

and sorry blue and brown inhalers for my asthma

[MRSWESTHAM]

Citalopram, is that for depression? What area roughly are you in?

[thewakers7]

yes it is not been on them too long it took me a very long time to seek help, im in manchetster

[MRSWESTHAM]

Well done for getting help Dont disapear Im trying to find something for you x

[thewakers7]

ok thanks

[MRSWESTHAM]

Vulnerable situations

 

• Enforcement agents/agencies and creditors must recognise that they each have a role in ensuring that the vulnerable and socially excluded are protected and that the recovery process includes procedures agreed between the agent/agency and creditor about how such situations should be dealt with. The appropriate use of discretion is essential in every case and no amount of guidance could cover every situation, therefore the agent has a duty to contact the creditor and report the circumstances in situations where there is potential cause for concern. If necessary, the enforcement agent will advise the creditor iffurther action is appropriate. The exercise of appropriate discretion is needed, not only to protect the debtor, but also the enforcement agent who should avoid taking action which could lead to accusations of inappropriate behaviour.
  
• Enforcement agents must withdraw from domestic premises if the only person present is, or appears to be, under the age of 18; they can ask when the debtor will be home - if appropriate.
  
• Enforcement agents must withdraw without making enquiries if the only persons present are children who appear to be under the age of 12.
  
• Wherever possible, enforcement agents should have arrangements in place for rapidly accessing translation services when these are needed, and provide on request information in large print or in Braille for debtors with impaired sight.
  
• Those who might be potentially vulnerable include:
  
  • the elderly;
    
  • people with a disability;
    
  • the seriously ill;
    
  • the recently bereaved;
    
  • single parent families;
    
  • pregnant women;
    
  • unemployed people; and,
    
  • those who have obvious difficulty in understanding, speaking or reading English.
    

[MRSWESTHAM]

Im pretty sure I have seen somewhere that depression is classed as vunerable I am trying t fnd a letter I have seen for you to send to the council. In the mean time I am sure someone will tell me if I am wrong regarding the depression/vunerable bit.

 

Carry on paying if you can , what you can online at the concils website. They cannot refuse this, even if they say they can ! AND it will look good if it did go back to court

[thewakers7]

thanks for that that is good info but would i be classed as seriously ill with just depression?? and back problems as im sure i would classs somebody seriously ill as someone with a teminal illness??

[MRSWESTHAM]

Council Tax (Enforcements) Department

Invincible Borough Council

Address 1

Address 2

Address 3

Postcode

 

[DATE]

 

Dear Sir/Madam

 

Re: [YOUR NAME & ANY REF]: Visit by your bailiff

 

I write further to your visit by your bailiff and confirm I have been medically declared by a doctor to be a vulnerable person for the purposes of civil enforcement in the meaning of the National Standards for Enforcement Agents directives.

 

Where a debtor falling into a vulnerable persons category is discovered by an enforcement agent, the matter shall be referred back to the court and no seizure of goods may proceed. I therefore ask this case be taken back into council administration within seven (7) days of the date of this letter and confirm in writing to me at the above address.

 

This document is delivered by Royal Mail and I deem it good service upon you by the ordinary course of post under Section 7 of the Interpretation Act 1978. It is your responsibility and in your best interests this letter is handed to the relevant person within your organisation.

 

Yours Faithfully

[MRSWESTHAM]

I am not 100% sure but am pretty sure I have seen on here that Depression is a reason to be declared Vunerable. I was hoping someone would come along and confirm this or tell me im talking pants ! Hold fire before sending that letter Im sure someone clever will be along shortly x

[thewakers7]

yes it gives that option i would rather pay them then the bailiffs, im not unwilling to pay just want to pay what can afford without the detriment to my childrens health, i did actually send rossendales a goverment guidline info sheet on basically what we are expected to live on and guess what they have not responded

[MRSWESTHAM]

Make sure you send everything recorded

[thewakers7]

lol i had a rare little chuckle at the invicible little insert in the address haha

[MRSWESTHAM]

lol

 

You got to keep smiling , becuase these XXXX cant actually do a lot to you , they thrive on being in a little bit of power but mostly what they tell u is poop.

 

My outstanding CT bill was over 3.5k so yors isnt too scarey ! Try not to panic and enjoy your children x

[hallowitch]

is the bailiff certificated to rossendales this list not 100% so if you cant find him or he is certificated to another company phone the

Ministry of Justice Public Register of Bailiffs on 020 3334 6355 to confirm

 

www.hmcourts-service.gov.uk/CertificatedBailiffs

[seanamarts]

Are you getting any benefits at all, going by what your income is with 5 children Im sure you would qualify for working tax credits plus help with your housing and council tax.. just a thought here...

have a chat with these people

Supporting Vulnerable Households | Z2K Zacchaeus 2000 Trust

you can contact them via phone just click on the contact link here

[thewakers7]

ive just checked the hmrc records and the bailiff who signed mine (dont no if i can name him) so ill just say there are two with the same surname and initial but different first names ive also just noticed on wpo that he has listed 2 tvs i thought u couldnt take a 2nd tv so does this make this wpo void lol

[thewakers7]

same two surnames registered to rossendales i meant to say