I cant afford to pay baliff anymore

[the_pigs]

Hi all,

I would appreciate if someone could advize me on what to do....

I have been paying £90 per month to baliffs for £916 outstanding from 1995-2001. (still have about £300 outstanding)

Because of sudden ill health im not able to afford to pay this amount anymore as our household income has dramactically reduced. (Not as if I really was before)

Should I write to the council or baliffs to explain situation, is it any use?

What annoys me though is the fact that I was jointly liable for this debt in the first place with an ex-partner.

Even though I have previously given the council his address they have pursued me for the debt as it is "easier"!

This is not fair, especially as at the time of the debt he was working and not me. Why should he get away scot free just because im a easy target for this council, is this even legal?

[ss002d6252]

Legally the local authority can pursue either of you for the full balance due.

[hallowitch]

Because of sudden ill health I'm not able to afford to pay this amount anymore as our household income has dramatically reduced.

can i ask you a bit more about this you may now be classed as vulnerable because of the change of your circumstances

has the bailiff levied goods belonging to you either in your home or your car

how long have you been paying this

have you received a breakdown of charges from the bailiffs firm

as its council tax arrears from 1995 till 2001 there will be more than 1 liability order

has he charged visit fees for them all (this is not allowed )

will ask for this to be moved to bailiff forum you will get more advice there

[cerberusalert]

Moved to Bailiffs forum

[the_pigs]

Thanks for your replies and being move to the most appropriate forum.

hallowitch, I have recently been diagnosed with cancer. Before this I was training to be a nurse and in reciept of a bursary but I will be suspended from my course due to rules on absence. My husband is in full time employment but has had to take a lot of time off to look after me and the children, this will be the situation for the foreseeable future.

The bailiff has not levied anything yet as ive always paid them but I know I will not be able to pay this months installment.

I have been paying them since January.

i havent asked for a break down of charges, ?I dont think that they have added any charges to the original amount owed to council yet.

Hes not visited but i believe there are 3 seperate liability orders.

Thanks Kirsty

[huggys boss]

I am probably going to get shot down in flames for this one. but................... Seeing as they, to your knowledge, have not put any fees onto your account, and seeing how you have paid every month since January and seeing how there is only £300 outstanding, have you considered contacting, first the council and explaining your situation. They can, (but don't like to do it or advertise the fact) take the account back from the bailiffs if you are considered to be a vulnerable person. If that doesn't work, (here's where I am going to get yelled at for breaking all the rules ), ring the bailiff company and explain your situation to them. You may be lucky and get somebody sympathetic to your situation. I wouldn't speak to the first person who answers the phone though. I would demand to speak to a manager.

 

At the end of the day you have paid 2/3's of the outstanding balance so they know you are not trying to avoid payment.

 

I hope all goes well for you for the future x

[hallowitch]

you will be classed as venerable according to the national standards for enforcement agents as you are seriously ill

 

you will have to write a letter to the bailiffs (send a copy to the council) informing them of your change of circumstances provide proof of your illness and ask the bailiffs to return the debt back to the council

 

while you are waiting to get this sorted

They will threaten you with all sorts none of it true these threats are used to intimidate you in the hope that you will borrow the money to pay the debt

 

once you miss your payment the bailiffs will call and demand the full amount due

they will also try to levy goods so its important not to let them into your house don't open the door to them under any circumstances

if you or your husband has a car (not on HP) do not leave it in the street or on your drive if you have a garden move anything of value lock garages sheds and greenhouses

 

we have a regular poster on this forum who is excellent at writing letters for people in your situation she does not come on till very late if you wish i will send her a PM to look in on this thread to help you with your letter

 

you will have bailiff charges all bailiff company's charge 1st and 2nd visit fees£42.50 in total regardless of whether they have been to your home or not

you will need to send for a breakdown of charges for all accounts held by them

 

all letters should be sent by recorded delivery

what bailiff company are you dealing with

[RaeUK]

Hi the_pigs,

As per hallowitch's post you would certainly meet the criterea for being considered vulnerable in accordance with the National Standards for Enforcement Agents.

I would write to the Head of Revenues of the appropriate council detailing your illness and sudden reduction in income. If possible, enclose supporting evidence of your cancer. Also enclose an income / outgoing statement and a figure that is affordable and sustainable.

Send by signed for and copy to the bailiff company.

Happy to help you write something if needs be. [someone may need to PM me as I'm not here as often as I'd like to be / will be again shortly...]

Best wishes

Rae

[RaeUK]

Snap HW!

 

pigs, if you let me know exactly what your cancer is I will write you a letter [PM me if you don't want to post your exact illness].

 

Best wishes

Rae

[hallowitch]

send this letter for your breakdown of charges put all 3 account numbers on it

 

 

"From:

My Name

My Address

 

To:

Acme bailiff Co

bailiff House

 

Ref: Account No: 123456

 

Dear Sir

 

With reference to the above account. Can you please provide me with a Breakdown of the charges including Computer Screenshot.

 

This includes:

a - the time & date of any Bailiff action that incurred a Fee.

b - the reason for the fee.

c - the name(s) of the Bailiff(s) that attended on each occasion a Fee was charged.

d - the name(s) of the Court(s) the Bailiff(s) was/were Cerificated at.

e - the date of the Certification.

 

This is not a Subject access request under the Data Protection Act S7 1998 so does not incur a fee of £10. You are obliged to provide this information.

 

I require this information within 14 days.

 

Yours faithfully

 

Ripped off customer"

_______________

[regan11]

You can pay the council on line, if you wish,It does'nt have to be the full amount but any amount would show you are not refusing to pay. Good luck.

[seanamarts]

Good advise by hallowitch, but I would add, and if you can is to pay something straight to the council even if this is a token payment, just to show willing, you can pay via the councils online facility, as long as you have the ref numbers that is.

So to get the ball rolling email the council as well as snail mail letting them know your situation, you are definitely classed as vulnerable with a diagnosis of cancer.

In the mean time do not let the bailiff in, inform the bailiff company of what your intentions are and let them know you will not be contacting the bailiff but will correspond with the bailiff company and council and that you are requesting to have this debt handed back for the council to deal with.

If you can I would contact your local councillor requesting some help and advice from them, they some times carry a lot of clout. You can find your local councillor on the council website. I am miffed that they are chasing you for the full debt. If your condition was better then I would pursue your ex through the small claims court to get him to pay for his half at least.

Are you sure that they have not chased both of you and you are both paying, its not unheard of.

[RaeUK]

Department for Constitutional Affairs - Enforcement - National Standards for Enforcement Agents

 

Those who might be considered vulnerable include the following:

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.

[new-me2010]

Department for Constitutional Affairs - Enforcement - National Standards for Enforcement Agents

 

Those who might be considered vulnerable include the following:

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.

 

Pretty Please Can someone from the Site Team please just put the above section as a STICKY. I know its in that section but its bluddy hard to find when you are looking for it. It seems to be every day now that someone is looking for the classifications and the Documentation.

 

Thanks NM

[RaeUK]

If it's any help new-me2010 I keep usefull quotes like that in a word document...

Best wishes

Rae

[the_pigs]

Firstly, thankyou to everyone taking the time to advise me, I really appreciate it.

The bailiff concerned is ross and roberts, operating on behalf of Portsmouth council. Its sickening to think that they can enter my garden and potentially take my kids toys amongst other things.

I will send a letter to he council requesting that the debt be handed back to them and a copy to bailiff as suggested. I will be also be requesting from ross and roberts a breakdown of their charges, I am temped to sign "ripped off customer!"In the meantime I will try and pay council online as I have orginal ref number.

Thanks Kelcou for the useful link, I have copied and pasted it into a word doc.

 

Thanks again everyone

Kirsty

[seanamarts]

They are not allowed to take items that belong to children

[seanamarts]

double posted

[tomtubby]

Thanks for your replies and being move to the most appropriate forum.

hallowitch, I have recently been diagnosed with cancer. Before this I was training to be a nurse and in reciept of a bursary but I will be suspended from my course due to rules on absence. My husband is in full time employment but has had to take a lot of time off to look after me and the children, this will be the situation for the foreseeable future.

The bailiff has not levied anything yet as ive always paid them but I know I will not be able to pay this months installment.

I have been paying them since January.

i havent asked for a break down of charges, ?I dont think that they have added any charges to the original amount owed to council yet.

Hes not visited but i believe there are 3 seperate liability orders.

Thanks Kirsty

 

 

I would seriously suggest that you contact the council in the morning and ask them to confirm the following:

 

Amounts of the Liability Orders.

 

Amount of charges applied against EACH Liability Order.