Urgent Help please!!!

[Rachel10173]

Hi,

I made a arrangement with Bristow and suitor bailiffs for my council tax of £5 per fortnight, I am currently on employment and support allowance as I have M.E and cannot work at present, the problem is I have missed my payment by a few days as my benefit was paid in late. They have been round this afternoon to remove goods whilst I was out, I have rang the office who were no help at all and then I rang the bailiff to let him know that I was only a few days late and that it wasn't my fault at all due to my benefit being paid in late.

 

I'm at a loss as to what to do as he is coming back on Monday and wants £1150 which I haven't got, he said if I pay this they will then reset my agreement to pay the rest of the council tax off.

 

Please can someone advise me what to do as they are coming back on Monday and I have no money to give them.

 

Many Thanks in advance

Rachel

[newstarter]

First things first have been into your house and have they got a walking possession order when the agreement was first made.

[seanamarts]

How did he get into your home and what did he take?

[wonkeydonkey]

Hi Rachel and welcome to CAG

 

I will start the ball rolling with a few questions and then no doubt other very capable and knowledgeable caggers will pop byand offer further help.

 

It will help if you can give a bigger picture,

 

How much CT do you owe in total ?and is this what the council agree is owed not what the bailiff tells you is owed

For what period(s) is the CT owed?

When was this passed to the Bailiff?

Has the bailiff done a levy against goods to the value of the debt? if yes what is included in the levy?

[Rachel10173]

Hi,

 

Thanks for replying

In total he said I owe £2082.14 this I believe is for a couple of missed payments last year and for this year in full. This was passed to the bailiff on 30/9/10. Yes he did do a levy of goods and included is

Microwave

Lounge TV

DVD Player

TV stand

Leather sofa and chair

Display cabinet

PC

Lamp, basically everything out of the downstairs,

& my drawers and wardrobe in my bedroom.

 

They have told me they are coming back at 2pm on Monday, I just don't know which way to turn

[ploddertom]

First off the Bailiff should have realised that you would fall into the vulnerable category on 2 grounds, you are in receipt of certain Benefits and you also have an illness that could affect your judgement - please excuse me for making that assumption. You should write a letter to the Bailiff Company advising them of these matters and enclosing some form of proof. A similar letter should also go to the Council, incidentally do you claim housing Benefit or CT Benefit now as I assume this debt is from a previous time.

 

PT

[ploddertom]

Hi,

 

Thanks for replying

In total he said I owe £2082.14 this I believe is for a couple of missed payments last year and for this year in full. This was passed to the bailiff on 30/9/10. Yes he did do a levy of goods and included is

Microwave - do you have an alternative means of cooking

Lounge TV - what size, how old, is it a LCD/LED/Plasma

DVD Player - just a player or recorder

TV stand

Leather sofa and chair - what other seating do you have

Display cabinet

PC - how old

Lamp, basically everything out of the downstairs, - please list exactly as described on Notice of Seizure

& my drawers and wardrobe in my bedroom. - exempt goods

 

They have told me they are coming back at 2pm on Monday, I just don't know which way to turn

 

You do not have to let him back in. He may threaten to force entry but he then needs an additional Court Order to do so. It's a threat that's all.

 

PT

[Rachel10173]

Hi,

 

I'm in the process of the claim going through for housing and council tax benefit,

 

Microwave - do you have an alternative means of cooking

Lounge TV - what size, how old, is it a LCD/LED/Plasma - it's a 40" lcd

DVD Player - just a player or recorder - just a player

TV stand

Leather sofa and chair - what other seating do you have - only the dinning chairs

Display cabinet

PC - how old - about 3 years

Lamp, basically everything out of the downstairs, - please list exactly as described on Notice of seizure thats is eveything on the notice.

When he came round and I wasn't here, a friend of mine was in my house looking after my kids, and it was her who answered the door, they showed her some sort of court papers she didn't know what they where but he did advise her he had the correct paperwork to collect the goods, so has he already got the court paperwork that he needs to just come in??

[ploddertom]

Leather sofa and chair - what other seating do you have - only the dinning chairs - how many of you in the family and how many chairs

 

When he came round and I wasn't here, a friend of mine was in my house looking after my kids, and it was her who answered the door, they showed her some sort of court papers she didn't know what they where but he did advise her he had the correct paperwork to collect the goods, so has he already got the court paperwork that he needs to just come in??

 

No not at all, obviously your friend hasn't a clue what paperwork he did have - sorry to be flippant but he could have shown her the Radio Times if you understand what I mean.

 

You can't do much about the Council over the weekend but first thing Monday morning you need to ring them and ask:

 

1 - how many Liability Orders do the Council have against you

2 - how much each one is for

3 - how much is outstanding on each one

4 - the date each one was passed to the Bailiffs

 

You should also contact your local Councillor before Monday to appraise him of the situation and see if they can help you, in my view you can do this 7 days a week up until 9pm. Details can be had from the Council website.

 

As for the Bailiff you need to get a breakdown of the charges they have applied. Here's a sample of a letter use and adapt as you see fit, send a copy later this evening by email and in the morning post a copy to them using Royal Mail Signed For.

 

"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.

 

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 Certificated 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"

 

PT

[seanamarts]

Under the National standards you are clearly vulnerable

http://www.dca.gov.uk/enforcement/agents02.htm#part10

 

• 
  
• 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.
    

M.E is a recognised long term illness and comes with a multitude of symptoms as you of course are aware of. I am sorry to hear that you have been inflicted with this and I know for sure that stress can cause a relapse and worsen your condition. When talking to the councillor make sure you make them aware of this.

[Rachel10173]

Hi,

 

Many thanks for your advice so far, I shall look into contacting the councillor first thing in the morning.

 

Rachel