Baliff walkin possesion

[Paulyozz]

Hi my friend foolishly let baliffs into his house they have made a walkin possesion order from what i can make out they listed a few things from his living room

He owes 300 council tax and they are demanding full payment

He must have not payed agrred installments i can not get much sense from him.

The baliff refuses to compromise in anyway or even talk to him

My question is what would be his next step? does he have another option?

Hes on dla benefit

Regards paulzozz

[hallowitch]

not enough info to help about the WPA

ask him how much the liability order is for

what goods did they levy

when did they do the levy

 

in the meantime get him to amend this and send recorded delivery to the bailiff firm and the council

 

 

NOTE: This letter can be adapted to suit your own circumstances and could be used to advise the company that you are in receipt of income support or income based jobseekers allowance and that you wish for your arrears of Council Tax to be deducted at source from your benefits and requesting that the account is returned back to the local authority. You should provide a photocopy if possible, of either your benefit book or confirmation of your entitlement from the benefits agency.

 

 

—

To: Bailiff Company

Date:

Dear Sirs,

Re: Account reference.

I refer to your letter dated (enter date) informing me that your company have been instructed by (enter local authority) to enforce a warrant/liability order etc against me, in respect of arrears of council tax.

In your letter you state that you will be visiting/returning to my home to

(seize/auction etc my goods.)

unless full payment of

(enter amount)

is made by return.

The purpose of this letter is to advise your company that I am in receipt of

(income support/jobseekers allowance)

and am enclosing as proof, a copy of

(payment book/letter from benefits agency.)

I am informed that deductions can be made directly from my benefits to pay my arrears of council tax. This is provided for in the Council Tax (Deductions from Income Support) Regulations 1993.

For this reason, I would like to request that this account be referred back to

(local authority)

(local authority) so that the relevant forms can be completed.

I am also aware that once deductions are in place, Regulation 52 of The Council Tax (Administration & Enforcement) Regulations 1992 expressly forbids any enforcement action.

As I have now made you aware of

(my/our)

circumstances, and provided proof, if your company continues with enforcement action, I will consider making a formal complaint about the bailiff’s conduct to the County Court

Could you please confirm safe receipt of this letter, a copy of which is being sent to my local authority.

 

Yours Faithfully.

 

[Paulyozz]

not enough info to help about the WPA

ask him how much the liability order is for £303

what goods did they levy tv dvd recorder hifi wii console 3 piece suite

when did they do the levyapprox 3 months he hasnt a clue what hes paid its frustating

HES ON ELA BENEFIT £65 APPROX

[ploddertom]

Surely he must get something else apart from DLA?

 

PT

[Paulyozz]

No thats all he gets rent and council tax paid 65.90

Edited June 14, 2011 by Paulyozz

[Paulyozz]

He gets ELA not DLA

[ploddertom]

Scrapped in view of above

[ploddertom]

Still not sure what ELA is but assume it may actually be ESA, and also assume the arises prior to this claim when he would have been working. First thing to note is that he should not believe anything the Bailiff says. ASAP he should ring the Council and ask, how much the Liability Order was for, what period of time it covered, how much is still outstanding. He should also ask if the can tell him what fees the bailiff has applied & when and what payments he has made. Even if the Bailiff returns he does NOT have to let him in.

 

PT

[Paulyozz]

A bit more information it was 200 he paid 1 payment of £15 your correct it is ESA

[ploddertom]

A bit more information it was 200 he paid 1 payment of £15 your correct it is ESA

 

Do as I suggested in previous post. Has he been left any paperwork with a list of charges upon it, it may be on the reverse of his Notice of Seizure. If the levy was made 3 months ago is this the last time he saw the Bailiff or has he been a regular visitor since.

 

PT

[brassnecked]

Income based ESA is a "deductible" benefit, so as long as he gets an income based top up, it would have to be treated like JSA or Income Support by the council and bailiffs imho, the fact he gets DLA and ESA may well put himn in a vulnerable group also

[Paulyozz]

He gets just esa @ 65.90 per week he gets housing benefit and his council tax paid for him

[brassnecked]

He gets just esa @ 65.90 per week he gets housing benefit and his council tax paid for him

 

 

In which case the Council and the bailiffs should know he should be treated as vulnerable under the National Association of Enforcement Agency Guidelines 2002, where the council take the debt back and apply for a nominal deduction from benefit to pay the arrears They should do this as he is in receipt of Housing and Council Tax benefit, already. Some councils don't realise that ESA (income based) like Income Support is a deductible and passporting benefit that gives access to amongst other things free spectacles, and prescriptions in England:

 

http://webarchive.nationalarchives.g...t/agents02.htm

 

Vulnerable situations

 

• Enforcement agents/agencies and creditors must recognise that they each have a role in ensuring that the vulnerable and socially excluded are protected and that the recovery process includes procedures agreed between the agent/agency and creditor about how such situations should be dealt with. The appropriate use of discretion is essential in every case and no amount of guidance could cover every situation, therefore the agent has a duty to contact the creditor and report the circumstances in situations where there is potential cause for concern. If necessary, the enforcement agent will advise the creditor iffurther action is appropriate. The exercise of appropriate discretion is needed, not only to protect the debtor, but also the enforcement agent who should avoid taking action which could lead to accusations of inappropriate behaviour.
  
• Enforcement agents must withdraw from domestic premises if the only person present is, or appears to be, under the age of 18; they can ask when the debtor will be home - if appropriate.
  
• Enforcement agents must withdraw without making enquiries if the only persons present are children who appear to be under the age of 12.
  
• Wherever possible, enforcement agents should have arrangements in place for rapidly accessing translation services when these are needed, and provide on request information in large print or in Braille for debtors with impaired sight.
  
• 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.
    

   

 

 

He should write email the bailiffs adapting this template (thanks Hallow)

 

— To: Bailiff Company

Date:

Dear Sirs,

Re: Account reference.

I refer to your letter dated (enter date) informing me that your company have been instructed by (enter local authority) to enforce a warrant/liability order etc against me, in respect of arrears of council tax.

In your letter you state that you will be visiting/returning to my home to (seize/auction etc my goods.) unless full payment of (enter amount) is made by return.

The purpose of this letter is to advise your company that I am in receipt of (Employment Support Allowancejobseekers allowance) and am enclosing as proof, a copy of (payment book/letter from benefits agency.)

I am informed that deductions can be made directly from my benefits to pay my arrears of council tax. This is provided for in the Council Tax (Deductions from Income Support) Regulations 1993.

For this reason, I would like to request that this account be referred back to (local authority) (local authority) so that the relevant forms can be completed.

I am also aware that once deductions are in place, Regulation 52 of The Council Tax (Administration & Enforcement) Regulations 1992 expressly forbids any enforcement action.

As I have now made you aware of (my/our) circumstances, and provided proof, if your company continues with enforcement action, I will consider making a formal complaint about the bailiff’s conduct to the county court

Could you please confirm safe receipt of this letter, a copy of which is being sent to my local authority.

 

Yours Faithfully.

 

You could also email it with a hard copy in the post on a signed for service.

 

What council is this? I think it may be one where the council back office has been outsourced to Capita, who conveniently own bailiff companies including, surprise surprise Equita.

 

At some stage there may need to be a complaint to the Head of revenues, Council CEO, council leader, local councillor and MP highlighting the absurdity of the bailiff action, in spite of the guidelines..

[hallowitch]

He should write email the bailiffs adapting this template (thanks Hallow)

 

tomtubby

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?123390

[brassnecked]

He should write email the bailiffs adapting this template (thanks Hallow)

 

tomtubby

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?123390

 

Tomtubby may well have a better slant on the effect of ESA and vulnerability also

[seanamarts]

It makes me so mad when councils do this, they are aware who is on benefits and should make arrangements for the debt to be paid out of his benefits.

The bailiffs are also aware of this too. As for the levy, they cannot seize a sofa.

[brassnecked]

It makes me so mad when councils do this, they are aware who is on benefits and should make arrangements for the debt to be paid out of his benefits.

The bailiffs are also aware of this too. As for the levy, they cannot seize a sofa.

It is becoming more common where the Capita/Equita stitch up is in place, as the council CEO doesn't know until the complaints come in that they are not following guidelines, for treating vulnerable debtors properly The only reason for this must be obvious, furtherance of profit via unwarranted fees.

[Feebee_71]

A quick question on the content of the WPA.........

 

You have said it lists a 3 piece suite. If this were to be taken from his home by the bailiffs (highly unlikely) what would he have left to sit on? There is a thing I remember from posts in the past about items that can't be removed of they leave you with nowhere to sit - ie. if you have a 2 seat sofa and an armchair and there are 3 people in the home, no other chairs then they can't take the sofa and armchair. (this may have changed and I'm by no means an expert so apologies if I've gone off at a tangent.

 

Feebee_71

[Paulyozz]

Its west lancashire borough council

[hallowitch]

A quick question on the content of the WPA.........

 

You have said it lists a 3 piece suite. If this were to be taken from his home by the bailiffs (highly unlikely) what would he have left to sit on? There is a thing I remember from posts in the past about items that can't be removed of they leave you with nowhere to sit - ie. if you have a 2 seat sofa and an armchair and there are 3 people in the home, no other chairs then they can't take the sofa and armchair. (this may have changed and I'm by no means an expert so apologies if I've gone off at a tangent.

 

Feebee_71

Irregular Distress (levy) by Bailiffs

With thanks to Tomtubby

[edit]MRS AMBROSE v NOTTINHGAM CITY COUNCIL

This is another well known legal cases that has been relied upon many times when either issuing proceedings, or one that can be referred to when writing a letter of complaint. This case concerns a lady by the name of Mrs Ambrose who claimed that a levy (distress) was irregular as bailiffs had removed goods from the home that were necessary for “providing the basic domestic needs of the family”

Background:

Mrs Ambrose and her husband had an unpaid Council Tax bill for £851.00 owing to Nottingham City Council. In September 2003, Rossendale’s Bailiffs attended at their home to levy distress on goods. Rossendale’s had entered the property, where they identified items that were listed on a Walking Possession. Next to those items listed, the bailiff wrote the words: “and all other goods on the premises unless exempt or specially exempt by statute.” The bailiff had not looked around the house; he had merely entered one room and was therefore unable to see which items were “exempt”

Regulation 45 of the Council Tax (Administration and Enforcement) Regulations 1992 lists the following items as being exempt from seizure:

"Such tools, books, vehicles and other items of equipment as are necessary for use personally in employment, business or vocation"

"Such clothing, bedding, furniture, household equipment and provisions as are necessary for satisfying basic domestic needs of the person and family".

As the Council Tax remained unpaid, the bailiff returned with a van to seize furniture that included a sofa, footstool and two dining chairs.

District Judge Cooper agreed that the seizure was irregular as the bailiff had removed furniture that was necessary for “satisfying the basic domestic needs of Mrs Ambrose and her family” This was because, amongst other items removed, the bailiffs had removed 2 dining chairs. They left behind the table and the remaining two chairs. As the family consisted of Mrs & Mrs Ambrose and one child, the bailiffs should have left seating for 3 people, not two.

Nottingham City Council had argued that there could not be any irregularity as Mrs Ambrose had signed the Walking Possession. This was rejected by Judge Cooper who agreed that Mrs Ambrose was faced with the prospect of having her goods removed unless she signed the Walking Possession.

As important as the above is, the Judge also agreed that the wording on the Walking Possession was deficient in that the reference to “all other goods on the premises unless exempt” did not specify what those other goods were, and which ones were exempt. The Judge agreed that the levy was also irregular for this reason.

[Paulyozz]

What letter should i send to council the same as the baliff template?

[hallowitch]

yes you send a copy to the bailiff firm and a copy to the revenues department of the council both recorded delivery

[Paulyozz]

Hi sent both off yesterday hopefully he will hear somthing soon..I will keep you informed ,Thanks for your help everyone

[Paulyozz]

Hi recieved an e-mail back today saying contact the van baliff and they give his number should we contact him?

[hallowitch]

Hi received an e-mail back today saying contact the van bailiff and they give his number should we contact him?

 

 

an e-mail from who