Bailiff threat to initiate further legal proceedings

[DontKeepDigging]

A bailiff just called at my property to serve a Removal of Goods Notice on my daughter for unpaid council tax. This debt was incurred at her previous address and they are now pursuing her at my address. He explained that if they were unsuccessful in recovering the debt they would move on to further legal proceedings, such as an Attachment order against her income or Confinement proceedings. I expressed surprise that the bailiff (rather than the council) would be involved in initiating any further legal proceedings. He explained that as the debt had been passed to them, they would do this jointly with the council. Is he just trying to frighten me into paying up for my daughter?

[wonkeydonkey]

Tell them to take a walk...your daughter does not live at that address end of story..

If they can't find her they will have to return the file to the council and she will then be able to make arrangements with them to pay direct to them..but must stick with this or they will be back.. DO NOT LET HIM IN EVEN IF HE HAS A HEART ATTACK ON YOUR DOORSTEP KEEP ALL DOORS AND WINDOWS FIRMLY LOCKED and IF YOUR DAUGHTER HAS A CAR THEN TELL HER TO HIDE IT ..NOT IN THE NEXT STREET BUT WELL AWAY FROM THE HOUSE.

[boswell]

Why are they pursuing her at your address, does she live with you again?

I agree with WD, tell them to take a walk in the park they have no powers over you and if they get stroppy tell them you will call the Police.

[ploddertom]

A bailiff just called at my property to serve a Removal of Goods Notice on my daughter for unpaid council tax. This debt was incurred at her previous address and they are now pursuing her at my address. He explained that if they were unsuccessful in recovering the debt they would move on to further legal proceedings, such as an Attachment order against her income or Confinement proceedings. I expressed surprise that the bailiff (rather than the council) would be involved in initiating any further legal proceedings. He explained that as the debt had been passed to them, they would do this jointly with the council. Is he just trying to frighten me into paying up for my daughter?

 

I didn't realise Enid Blyton had moved into Bailiffing. As has already been said they can't do much as it is not your debt. If your daughter now lives with you as a precaution I would do a Statutory Declaration on your own goods including car as the Bailiff may just try to chance his arm by seizing your goods.

 

If your daughter does not live with you then you are not obliged to tell the Bailiff where she lives. He's the one that's come up with the stories now let him play Miss Marple if he's that good.

 

It may pay for your daughter to start making regular payments to the Council either online or automated phone. If this then goes any further it can be seen that she is willing to pay rather than not paying at all. It may then stand her in good stead if the case goes back to the Council or back to Court.

 

PT

[DontKeepDigging]

Thanks to all who have replied. There were several useful suggestions. However, it appears that I did not make myself clear. My question was specifically about whether the bailiff would initiate further legal proceedings, as opposed to the council. My previous understanding was that it is the creditor that makes legal proceedings not the bailiff. I thought the bailiff's role was to impose a warrant, not to take out further warrants. I thought that if they were unsuccessful in imposing a warrant, they would pass the case back to the council who would then decide whether they themselves wish to pursue attachment of income, or confinement proceedings. Was the bailiff misleading me when he said that he would do this in conjunction with the council?

[hallowitch]

Was the bailiff misleading me when he said that he would do this in conjunction with the council

 

 

 

yes he was if the bailiff cant get payment or goods (levy to secure the debt against) then the bailiff company send back the debt to the council Nulla Bona the council then decide how to proceed to recover the debt

[ploddertom]

Thanks to all who have replied. There were several useful suggestions. However, it appears that I did not make myself clear. My question was specifically about whether the bailiff would initiate further legal proceedings, as opposed to the council. My previous understanding was that it is the creditor that makes legal proceedings not the bailiff. I thought the bailiff's role was to impose a warrant, not to take out further warrants. I thought that if they were unsuccessful in imposing a warrant, they would pass the case back to the council who would then decide whether they themselves wish to pursue attachment of income, or confinement proceedings. Was the bailiff misleading me when he said that he would do this in conjunction with the council?

 

Any further action is instigated by the Council, whether they take any notice of what may be suggested to them by a third party is open to opinion but would think it's a case of thanks but no thanks as most Council's have their methods cast in stone.

 

The Bailiff would hope that you haven't a clue about his powers and these stories he makes up willmake you quiver in your boots so much that you will pay up on the spot.

 

PT

[DontKeepDigging]

Many thanks to hallowitch and PT for confirming my understanding. So all I need to do now is make sure that they are not able to recover anything and it will then be passed back to the Council. I will then encourage my daughter to deal with them responsibly.

[hallowitch]

So all I need to do now is make sure that they are not able to recover anything and it will then be passed back to the Council. yes it will go back to the council

I will then encourage my daughter to deal with them responsibly

I would advice you to try and get your daughter to pay something direct to the council even if its only £5 wk this means they cant accuse her of being a wont pay

 

[josephbloggs]

it should be on the records of the company that the address is a "care of" address, so they will know that they cant do anything apart from trying to look the part and like someone has already said, hope you dont know the ins and outs of civil law and pay.

when the bailiffs send a file back to the council, they will recommend that commital proceedings are started, most popular are attachment of earnings/benefits. they can instigate bankruptcy proceedings or impose a prison sentance but the amount it costs the council to to this has shot up, and so is extremely rare nowadays. you would literally have to have not paid anything in 4-5 years for them to consider this i think