#bailiffs : bailiff coming to clear goods, help please

[ploddertom]

Is this your first dealing with him? Has he gained entry to your home? Has he made a levy of any goods outside?

 

PT

[ploddertom]

Ring the Council first and ask:

1 - how many Liability Orders they have against you

2 - how much each on is for

3 - how much is outstanding on each one

4 - what period of time it covers

5 - the date the LO was obtained

6 - the date it was passed for enforcement

 

There is no law that says you have to speak to or deal with a Bailiff. Whatever happens do NOT under any circumstances allow him into your home. He does not need the loo, take some pills, speak to his granny. He has made mention of returning with Officer Dibble - this will only happen to prevent a Breach of the Peace. He may threaten locksmiths, arrest, forced entry, imprisonment etc - none of which will happen. It is true you can be imprisoned for non payment but only in extreme cases.

 

Instead you may pay the Council direct using their website or automated phone line but you must allow for lawful fees the Bailiff can charge. If you speak to the Council over this they will tell you to deal with the Bailiff! The maximum fees he can charge providing he does not gain a levy on any goods are 1st Visit £24-50 & 2nd Visit £18-00 - Total £42-50 it doesn't matter how many times he calls he can charge no more. However if he does manage to obtain a levy the ball game changes and you could be looking at a few £100's. Keep all doors and windows locked, if you have to speak through the letterbox or upstairs window, do not call him unless you can record the call - they do have selective memories.

 

Are you on any Benefits or is there anyone disabled or suffering long term illness within the household? If you are single do you claim the discount?

 

Have a read of some of the other threads on here for a flavour of how to deal with this.

 

PT

[ploddertom]

Also if you got the name of the Bailiff check to see if he is properly Certificated and to the the Company he claims to work for. If his name comes up with a blank employer then the chances are he is self employed and you then need to ask the Council if they allow their contractors to sub-contract - many do not. If his name does not appear at all or with a different Company it might be because the list is not up to date and you will then need to ring the MOJ to find the correct details. The HMCS website is often offline on an evening http://www.consumeractiongroup.co.uk/forum/showthread.php?210956-On-line-search-to-check-if-a-Bailiff-is-Certificated.....

 

PT

[ploddertom]

 

1. 1 liability order against me

2. £138.48

3. £138.48

4. 1st apr - 30th jun

5. 21st Jan

6. 21st Feb

 

so I think the bailiffs are trying to rip me off charging me £350, aren't they?? Just a bit but see below

 

well Im going to make a payment today of £50 and I will sort the rest next week. What do you think??

 

Edit: should I phone the bailiff and let him know I am paying the council and tell him not to bother coming tomorrow?? If you ring him he will only get bolshy and issue more threats and will even tell you it is illegal to pay this way. One way or the other he will come calling regardless. You actually should only ring them if you can record the call.

 

thanks for your help and time mate

 

The Bailiff is entitled to charge 2 Visit Fees of £24-50 & £18-00 and providing you deny him access to your home or otherwise prevent him gaining a levy on goods outside he can charge no more even if he visits 100 times. The Council are obliged to pay any Bailiff fees first with any remainder being credited to your account so you may need to budget for this. At present he has only made the 1 Visit so it may be in your best interests to try and pay this off before he comes again which will save you £18-00.

 

PT

[ploddertom]

technically you pay the outstanding CT + £24-50, print a receipt off and wave it in his face if he calls after you have paid. If by some chance you have a Council that does NOT pay the Bailiffs then just ask for your overpayment left. In that scenario the Bailiff cannot then use the Liabilty Order to enforce for his fees and if you do not pay them he could take you through the County Court but many do not as they then have to swear their fees are correct.

 

PT

[ploddertom]

Put them to strict proof of their attendance and remind them of the National Standards for Enforcement that state:

Enforcement agents will on each and every occasion when a visit is made to a debtor's property which incurs a fee for the debtor, leave a notice detailing the fees charged to date, including the one for that visit, and the fees which will be incurred if further action becomes necessary. If a written request is made an itemised account of fees will be provided.

They will argue that these Standards are only guidelines and not Law but I do imagine both Bailiffs and Council have said they will abide by them.

 

As regards the "alleged" levy then Regulation 45 Para 5 of the CT Regs states:

(5) The person levying distress on behalf of an authority shall carry with him the written authorisation of the authority, which he shall show to the debtor if so requested; and he shall hand to the debtor or leave at the premises where the distress is levied a copy of this regulation and Schedule 5 and a memorandum setting out the appropriate amount, and shall hand to the debtor a copy of any close or walking possession agreement entered into.

If you have had no Notice of Seizure and remember this was when you opened the door to him then I would argue they have no levy but have made these fees up because you paid in full 2 days later. Even if they have made a levy I suspect it will have been any car parked near your home not necessarily your own. very suspect they do not mention it specifically.

 

PT

[ploddertom]

Also when push comes to shove they can't charge a levy fee and an attendance fee at the same time.

 

PT

[ploddertom]

Very pleased to hear you have had a result. Sounds as if what should have been written was:

S**t caught out again better say the usual - goddwill etc

 

If they did it right in the first place then this would not have happened.

 

PT