Urgent help, bailiffs threatening to break in at 11am

[claimer1979]

Hi

 

I have had bailiffs at my door an hour ago and i did not speak to them or let them in, they have posted a notice of bailiffs attendance through my door saying they are going to come back and break into my flat at 11am as they can under the Liability order that they hold which is a Magistrates Liability order for unpaid council tax.

 

Can they do this?

 

I am here alone with my 2 year old son and i am panicking as i do not want my son to get scared. please can someone let me know as soon as possible so i can start moving stuff out my flat.

 

Thanks

[Guest wino]

I don't think they can do that. Make sure your doors and windows are locked and do not open the door to them.

I found this letter on a sticky have a look

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?58550-Council-Tax-and-Bailiffs

 

I believe the Baillifs cannot just take your stuff they will have to serve you with a walking possession order first.

I will try and find someone with more knowlege than me to help you.

I have asked the site team to look at this for you.

[impecunious]

................

Edited August 14, 2010 by impecunious
Duplicate post

[impecunious]

Hi

 

NO, they can't break in! Once again, bailiffs misrepresenting their powers and trying to intimidate you into paying them!

 

I'd suggest you either take your son out for a walk or ask a good friend to come and sit with you if you feel at all uncomfortable about the bailiffs returning to your property. They won't break into your flat - it's more than their job's worth. Make sure that you lock all the windows and doors and that you don't leave anything outside - I know you live in a flat but if its ground floor you may have a garden. If you have a car, move it far away from your home.

 

Bailiffs are all bluff and bluster. You DON'T have to speak to them/deal with them.

 

This is only the beginning, there's lots you can do to help yourself and with the help of fellow CAGgers, you'll get all the support and advice you need. One step at a time though.

 

For now, don't panic and either go out or ring a friend.

 

Let us know how you get on!

 

 

Good Luck!

 

Impecunious

[Guest wino]

I have been reading up in the Bailliffs section and is is right that as long as you have not let the baillifs in previously they cannot break in. It is important that you do not open the door to them and make sure your windows are securley locked.

 

You might find that they don't return today as they have moved on to harrass someone else. I would keep hold of the letter you have from them threatening to break in.

[hallowitch]

good advice given on this thread a magistrate liability order for council tax does NOT give a bailiff a legal right to break into your home

 

he will lie cheat and threaten you with powers he simply does not have in the hope you will allow him to enter your home peacefully so that he can levy your goods to increase his fees

[hallowitch]

have you checked to confirm that your bailiff is certificated

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?210956-On-line-search-to-check-if-a-Bailiff-is-Certificated

[Guest wino]

Are you feeling any calmer now claimer1979??

[claimer1979]

Thank you for the advice he has not called back yet. so i will not answer the door.

[caro]

If they had the right to break in surely they would have done it at 10 am. Why wait an hour? What a load of rubbish to try and intimidate you.

 

How are you feeling now?

[claimer1979]

sorry it took so long to reply i was panicking! i am fine now that i am confident of my rights.

 

I knew all this from what i had read on here a while ago but in the moment of panic you question everything.

[impecunious]

I thought that this might help to lighten your spirit!!!! I posted it ages it ago and it kinda puts bailiff action in perspective a little (obviously at their expense) - and it really is all about positive mental attitude and knowing that you've got lots of help here - we've been there too! I'm glad you're confident of your rights!!!

 

 

 

 

Re: DCAs and Bailiffs - a whole new world!

Originally Posted by BLF

Impecunious, id hate to live my life like that, hiding my car and not having windows open etc.....

 

try dealing with the problem, the bailiff is probably one of the only ppl that can help you....

 

BLF, next you'll be telling me to:

park my car outside my house

throw the windows wide open

unlock the front door

invite the bailiffs inside for freshly-brewed tea and home-made chocolate cake with double whipped cream filling,

have a civil and satisfyingly stimulating discussion agreeing to a mutually convenient and realistic, sustainable weekly payment arrangement on which they won't renege, and

quietly agree to signing a walking possession listing completely exempt items.

The bailiffs would then be so compliant after breaking bread with me that they would quite conveniently forget to:

levy on the very few personal possessions of sentimental value I do have

charge me extortionate and unlawful fees on my landlord's furniture and the items my children have temporarily stored here whilst they're on their foreign adventures, and

resist the temptation to exceed their rather-limited powers!

They would also manage to:

conduct their business without reverting to threatening and intimidating behaviour, and then we could establish polite and regular phone sex I mean communication.

In your dreams BLF!

 

 

I rather like parking the car away from the house: it encourages me to keep fit by having to walk that extra kilometre to pick it up before work and its great for the figure.

 

In this weather, closed windows and doors help keep the ground floor cool, prevents ultra-voilet light damaging my landlord's furniture and pictures, and encourages my tomato plants to flourish.

 

Not phoning the bailiff saves me on phone bills and allows me to buy better quality toilet-paper.

 

Paying the Council direct is good for the soul -- cuts out the middle men and prevents the bailiffs from becoming even more egotistical and selfish.

 

Ignoring the door means that I can have a nap after work in peace and quiet and when 9.00 pm comes -- I can get up and enjoy my evening meal without interruption and get on with my household chores as I have a tendency towards the nocturnal.

 

Receiving their regular phone calls and letters reassures me that I'm "special" and not forgottten -- a girl can never have enough attention!

 

Then on Sundays, I can have my day of rest and thank the Lord that I've survived yet another week and kept the CAGs 10 commandments!

 

 

BLF, it's no real hardship - honestly! Bailiffs aren't just for life .... they're just til they get fed-up getting nowhere and hand the file back to the Council - who, incidently, received my first payment by electronic transfer last month!

 

I am dealing with the problem BLF and managing rather well by all accounts but if you'd like to offer any further, meaningful advice, I'm all ears!

 

Love and kisses

 

 

 

Impecunious!

 

Believing in positive mental attitude!

[caro]

It's one thing reading everything and knowing your rights. It's quite another when someone is at the door and very scary.

 

Looking at the bigger picture, have you got a thread already about this, or do you want help dealing with the council tax issue?

[hallowitch]

how long have the bailiffs been trying to collect this debt

have you tried to make payment to the council

do you know the amount of the liability order (confirmed by the council)

are you on benefits

are you a single parent

do you know what fees the bailiffs have added to your account

[claimer1979]

LOL impecunious

 

i wrote a letter to the council on wednesday saying that i have vunerable circumstances can they take my account back.

 

I am waiting to hear back.

[Guest wino]

I have to go out now but I will check back here on my return. We are all here to help and support each other.

[claimer1979]

how long have the bailiffs been trying to collect this debt

have you tried to make payment to the council

do you know the amount of the liability order (confirmed by the council)

are you on benefits

are you a single parent

do you know what fees the bailiffs have added to your account

 

I never even knew i had these arrears as the council were not chasing them, it is only as i was sorting my current council tax out with them that this came up, and they said they had sent it to the bailiff and there is nothing i could do, i had the manager on the phone and everything complaining, still nothing so i have written to them about the vunerable circumstances asking them to let me make a arranged payment as my current CT is all up to date.

 

So i am waiting for a response from the council.

[MARTIN3030]

Seems you are sorted for now.

Keep windows and doors closed-if you have anything of value outside-move it.

Maybe a good idea to call the council on Monday and ask them to confirm that they have got your letter and are dealing.

Can you say who the bailiff firm is ?

[caro]

In that case I would ask the council for written information on the alleged outstanding debt and why you weren't aware of this problem before.

 

Don't be afraid to stand up for yourself.

[claimer1979]

Seems you are sorted for now.

Keep windows and doors closed-if you have anything of value outside-move it.

Maybe a good idea to call the council on Monday and ask them to confirm that they have got your letter and are dealing.

Can you say who the bailiff firm is ?

 

Chandlers bailiff company

 

i will follow up on monday, thank you for all you help

[new-me2010]

Ring your bailiff and quote to him verbatim

 

" Under the

National Standards for Enforcement Agents

 

May 2002

 

You are classed as a vulnerable person and tell him which sections

 

• 
  
  • 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.
    

   

And in this respect it needs to be returned to the court "

 

and then put the phone down.

It is very satisfying giving them this info.

 

Take care

 

NM x

[new-me2010]

GRRRRRRRRRRRRRrrrrrrrrrrrrrrrrrrrrrrr damned editing time limit

 

I forgot to say send a email to the Bailiffs too and one to the Council even though you wrote to them, to keep them sweet lol