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I recieved a letter yesterday saying Newlyn Bailiffs had called and that if i did not contact them immediatly. Or he would return and goods may be removed from the house even in my absence. I called back not knowing anything about Bailiffs and to not contact them. I told him that im on benifits but may be starting work soon and if I can will arrange payments of £100 bi weekly. He did not reply to my offer saying that he would consider it but he warned that he could take stuff from my housemates if they do not have a receipt and could break into any1 of their rooms, Of course this scared me greatly as i didnt want my housemates affected. I rung up the council today and was told that due to the debt being my and from previous house and that the contract on the house is for seperate rooms the bailliffs do not have the power to enter any room and take pocessions but my own.It also turns out the debt is actually a joint debt between me and my ex housemate in to different court orders yet i am being charged for his debt as well as mine. My ex housemate is in contact with them according to the council and is refusing to pay his amount and as they do not have his address they are putting the full force on me. I tryed explaining to the council that i have been on benefits for a year now and was on ESA before my current claim for income based job seekers allowance. I told them that i have a work trial through the job center that I start on monday and will be on JSA until it decided in 2 weeks whether or not ill be given a job. The council have informed me that they can do nothing at all until my work trial is over and i know whether im working or staying on benifits. That may be dandy but it wont stop the bailiffs when i phoned them they told me to ring back today at 2pm which i did and got his answerphone i left a message saying i will call again at 5.30pm. I am doing this so that i can buy myself some time for my work trial to end. Can any1 give me advice on what to do as this is causing me stress and as a 22 year old guy on anti depresants and a history of attempted suicide this is really not helping me in the slightest and want this whole situration sorted so i can get on with rebuilding my life.

 

thank you very much for any help that is offered

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I recieved a letter yesterday saying Newlyn Bailiffs had called and that if i did not contact them immediatly. Or he would return and goods may be removed from the house even in my absence.

 

Khazanchi & Anor v Faircharm Investments Ltd & Ors [1998] EWCA Civ 471 : On 17 March 1998 Lord Justice Morritt in the High Court ruled that bailiffs having a Walking Possessions Agreement cannot remove anything whilst the debtor is absent unless it is pre-arranged by appointment and with an Order signed by a Judge. The Judge also said in his conclusion, "However it should be noted that in cases such as these there may be a sanction pursuant to Section 1 of the Criminal Damage Act l971. In other cases the provisions of Section 6 of the Criminal Law Act may apply also."

 

Source: http://vlex.co.uk/vid/ur-judge-cox-52584219

 

 

 

 

I called back not knowing anything about Bailiffs and to not contact them. I told him that im on benifits

 

You might be exempt from civil enforcement : Source: http://www.dca.gov.uk/enforcement/agents02.htm#part10

 

If you need help from a professional body in dealing with bailiffs then Z2K might be able to help. http://www.z2k.org/supporting-vulnerable-households

 

 

but may be starting work soon and if I can will arrange payments of £100 bi weekly. He did not reply to my offer saying that he would consider it but he warned that he could take stuff from my housemates if they do not have a receipt and could break into any1 of their rooms,

 

Did you capture this on video using your mobile? if yes, then contact police and file a crime report that you were threatened with Breaking & Entering.

 

 

Of course this scared me greatly as i didnt want my housemates affected. I rung up the council today and was told that due to the debt being my and from previous house and that the contract on the house is for seperate rooms the bailliffs do not have the power to enter any room and take pocessions but my own.

 

If you dont let a bailiff into your house there is actually nothing he can do about it. NEVER telephone a bailiff, let him contact you - and record EVERYTHING.

 

 

It also turns out the debt is actually a joint debt between me and my ex housemate in to different court orders yet i am being charged for his debt as well as mine.

 

If the Liability order is not in your name, they you are not liable. If you did not receive a Final Notice or a Reminder before you received a bailiff then you have no obligation to speak to the bailiff. This is bacause the Council if not compliant with Section 33(3) and 34(1) of the Council Tax (Administration and Enforcement) Regulations 1992, Source: http://www.legislation.gov.uk/uksi/1992/613/regulation/33/made

 

Contact the council and ask them to comply with Regulation 33(3) and 34(1), but if they are unwilling to do so, then you have a right to ask the Local Government Ombudsman to intervene. You can even ask for compensation, the award of this type of non-compliance by a council is typically about £100 per instance. Awards can be more if you have already received a bailiff or paid a sum of money to one.

 

 

 

 

My ex housemate is in contact with them according to the council and is refusing to pay his amount and as they do not have his address they are putting the full force on me. I tryed explaining to the council that i have been on benefits for a year now and was on ESA before my current claim for income based job seekers allowance.

 

Send the council the link above and remind them you may be exempt.

 

 

I told them that i have a work trial through the job center that I start on monday and will be on JSA until it decided in 2 weeks whether or not ill be given a job. The council have informed me that they can do nothing at all until my work trial is over and i know whether im working or staying on benifits. That may be dandy but it wont stop the bailiffs when i phoned them they told me to ring back today at 2pm which i did and got his answerphone i left a message saying i will call again at 5.30pm. I am doing this so that i can buy myself some time for my work trial to end. Can any1 give me advice on what to do as this is causing me stress and as a 22 year old guy on anti depresants and a history of attempted suicide this is really not helping me in the slightest and want this whole situration sorted so i can get on with rebuilding my life.

 

thank you very much for any help that is offered

 

If you get excuses on they of these points, then you have a right to ask the Local Government Ombudsman to intervene. Your local councillor could well be your friend and ally in sorting this out and putting the mockers on the bailiffs.

Professional property investor and conveyancer

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You dont have to let the bailiff in to the property at all and he cannot force entry, tell the other residents not to let any bailiffs in as well. Please contact your local councillor and explain the situation to them, they tend to be heard a lot more than you will and can be a great asset to you. Have you a support worker of any kind they can also write on your behalf, you are also classed as vulnerable due to your illness. Being classed as vulnerable this debt should be taken back from the bailiffs.

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