JBW group appt on phone and coming tomorrow 12 - 1pm CTAX help please!!

[Sipea71]

Hi

 

I have managed to get myself in major financial difficulty over the last few years mainly by burying my head in the sand, but....have finally deceided to get my life sorted, appointment booked at the CAB debt advisor 11th August

 

However......

 

I owe council tax for last year and this, and have had a visit from a bailiff twice now,althought we we're not home on both occasions he has left letters and returned yesterday whilst my wife and daughter were home, my wife did not let him in but gave my mobile number.

After speaking with him he has said he needs to speak to me regarding the debt and will come back Friday(tomorrow) between 12 and 1pm,I am home tomorrow, however I did say to him if I let him in he will get walking possession and he replied well I need that to be able to get the debt sorted.

 

Firstly Do I have to let him in?

 

Secondly I am not disputing I owe the money however until I speak to the debt advisor I don't really know where I'm at. (apart from at the bottom of a VERY deep hole) Can I just ring this guy and tell him I'm not going to meet him as I am seeking advice??

 

Any help of advice anyone can give me would be greatly apreciated

 

Best Regards

 

Simon

[padja]

refuse him entry or just go out your wife made a massive mistake in giving him your number, they will be hounding you know ignore their threats they are empty, make no arrangements with them let the CAB sort it out for you they will make sensible and affordable repayment plan to them or the council. if you have a car(s) make sure its parked a couple of streets away well away from home. what bailiffs is it? and what fees have they tried to charge?

[padja]

Further advice for you:

Most bailiffs have no more power to come into your home uninvited than the weird man who lives across the road, Bailiffs collecting all other debts can only come in if they can do so without using force. This is called "gaining peaceful entry" and includes:

 

• being invited in by a responsible adult;
  
• climbing through a window that is open;
  
• jumping over a fence to get to your back door; or
  
• opening an unlocked door to come in
  

 

It does not include:

 

• being asked in by a child;
  
• breaking windows, doors or locks; or
  
• pushing past people to get inside
  

 

You cannot be sent to prision for not co-operating with a bailiff. You do not have to let them into your house. .

A bailiff must not threaten you illegally, force entry to your home or use offensive language. If you are concerned about a bailiff's behaviour, you can complain either to the creditor or to the court that sent them.

If you know that the bailiff intends to make a visit, you are perfectly within your rights to hide goods or remove them so that the bailiff can’t find them.

So lock all doors and windows open the door with a chain on or speak through letter box sign nothing, agree to nothing, I would say I refuse you entry and ask you to leave my property and leave it at that, they will probably try ringing you again so switch off mobile never speak on phone, record conversation with bailiff (you dont have to tell him your doing this). ring CAB now tell them what is happening too (they may stop visit) remember a bailiff can attend between 7am and 9pm regardless of your appointment and dont be surprised if they turn up at a totally different time. Hope that helps and you have done right thing going to CAB things will get better now

Edited August 4, 2011 by padja
repeating advice

[millystar]

From my limited experience:

 

DO NOT LET THEM IN

DO NOT TALK TO THEM ON THE TELEPHONE

IF YOU DO TALK TO THEM, RECORD EVERYTHING

LOCK ALL OF YOUR WINDOWS AND DOORS

 

It might be worth doing what I am. If you have a suggested installment plan which has been declined by bailiff and council, put the money to one side. It shows willing and proves that you are not refusing to pay the debt when they finally get their fingers out.

[Sipea71]

Hi

 

The bailiff is from JBW group, my car is a company car so not registered in my name and does not belong to me.

I don't have any figures with me at the moment as I am at work.

 

So I can just ring this guy and tell him I'm not keeping the appointment?

 

I also have another debt for which I have had visits from a High court enforcement officer am I correct in thinking that I do not need to let them in either ??

[millystar]

and of course you have a legal obligation to inform the bailiff that you are recording them (be it on video or sound recording) this way you can use the recording as evidence should you need to in the future.

[dx100uk]

whatever you agree to pay

 

do it to the COUNCIL by internet banking

 

never pay the bailiffs

 

what is the HCEO one about?

 

dx

[Sipea71]

It's a long story! as i said I have been burying my head in the sand for about 5 years now 2 years ago was in a housing association flat got into rent arrears that snowballed over a 2-3 year period I was paying very hit and miss and finally the proverbial hit the fan and we were evicted Nov 2009 as you can imagine this was a very traumatic time. On the day of eviction speaking to the housing officer about what happens next and she said and i quote "well you cant afford to pay it, they'll right it off"

 

We then moved about a bit and finally got settled Feb 2010 then out of the blue Jan 2011 Court papers arrived and I now have a ccj registered in Feb original debt was about £5000 with costs ect the HCEofficer keeps leaving letters with a figure of just over £9000!!

 

what with the council tax bailiff aswell you can imagine life is a bit stressful at the moment to say the least!

[brassnecked]

If you post another thread regarding the HCEO, there may be advice about tackling the fees he has added. The main thing is to separate both issues as they may need to be tackled independently.

[caledfwlch]

and of course you have a legal obligation to inform the bailiff that you are recording them (be it on video or sound recording) this way you can use the recording as evidence should you need to in the future.

 

The OP has absolutely NO legal obligation to inform the Bailiff he is being recorded, a recording of a conversation without the other parties consent or knowledge, it is perfectly legal and acceptable to enter a transcript as evidence, and the judge can decide to listen to the actual recording.

[brassnecked]

The OP has absolutely NO legal obligation to inform the Bailiff he is being recorded, a recording of a conversation without the other parties consent or knowledge, it is perfectly legal and acceptable to enter a transcript as evidence, and the judge can decide to listen to the actual recording.

 

Exactly caled, if you told the bailiff the call was being recorded he would hang up, he relies on selective memory, so doesn't want any evidence of his shenanigans.

[padja]

Please dont ring the bailiff they are very well trained in getting you to enter into impossible arrangements ignore him and his threats go to your meeting with CAB and take it from there

[brassnecked]

Please dont ring the bailiff they are very well trained in getting you to enter into impossible arrangements ignore him and his threats go to your meeting with CAB and take it from there

 

And post back here after you have seen CAB, as your mileage with them may vary, AND DON'T LET THE BAILIFF IN

[Sipea71]

Thanks for the advice everyone, I'll keep you posted

[Sipea71]

Hi All

 

Do you think it would be a good idea to call the bailiff and let him know I'm cancelling our 'Appointment' and I will under no circumstances be letting him in ? as I will almost definitely be at home between 12 and 1 and he will be able to see directly through the window or do I just ignore him standing there ?

 

I am aware he will try and ignore me and probably turn up anyway but if he sees me indoors maybe it will antagonise a situation?

Edited August 5, 2011 by Sipea71
spelling mistake

[Sipea71]

I was thinking along the lines of a text message saying:

 

Dear mr Bailiff Thank you for your opportunity of an appointment to meet today but after seeking advice I now fully understand the implications of this appointment and am now cancelling it and at this point would like to make clear that I will not be allowing you to enter my premises, I have an appointment with a professional debt advisor on the 11th August after which I will endeavour to resolve this situation.

 

Your thoughts please people, I will say this guy has been very courteous up to this point and he is only doing his job.

 

Or am I just too polite

[hallowitch]

I was thinking along the lines of a text message saying:

 

Dear mr Bailiff Thank you for your opportunity of an appointment to meet today but after seeking advice I now fully understand the implications of this appointment and am now cancelling it and at this point would like to make clear that I will not be allowing you to enter my premises, I have an appointment with a professional debt advisor on the 11th August after which I will endeavour to resolve this situation.

 

Your thoughts please people, I will say this guy has been very courteous up to this point and he is only doing his job.

 

Or am I just too polite

 

It wont do you any harm to sent but it wont stop him coming to your home don't have anything in your garden he can levy and keep your car well out the way park it in a different street

 

AND KEEP YOUR DOORS LOCKED legally bailiff can open your door and walk into your home

[Sipea71]

My Car is a company car registered to a lease company, will that make a difference?

[king100]

They don't care about that your car is leased, they will assume that you own it an thus they will charge more fees. You can either park away from your home, or if you want a challenge you can leave it there an then dispute the fees that he will try and charge. He should really check with dvla who owns car before applying a levy, but they don't.

[hallowitch]

My Car is a company car registered to a lease company, will that make a difference?

 

 

A car is an easy target for a bailiff especially if it on a drive or parked right outside your property the quick and easy way for a bailiff to get a debtor to pay up is to clamp most debtors will beg steel or borrow money to get the clamp removed

 

and don't forget the bailiff wont know its a lease car and wont check DVLA before clamping

 

move it for now then send the council and bailiff firm a copy of the lease and put them on notice that you have use of the car its not your property you should also send an e-mail to the recovery dep of your council outline your circumstances and inform them that you have a appointment with CAB debt adviser 11th and you understand that council tax is a priority debt you are not refusing to pay the debt and you will make an offer of payment after you have been to see CAB

[king100]

Sorry he cannot levy on a lease car or HP car please see sticky at top levy in car not owned by you

[Mrs E Blackadder]

Hi

 

The bailiff is from JBW group, my car is a company car so not registered in my name and does not belong to me.

I don't have any figures with me at the moment as I am at work.

 

It may be a company car, but that won't stop them levying on it. I am having exactly that problem at the moment as I have a lease car which is not leased by myself. The bailiff has levied on it anyway and despite saying that checks would be made with the DVLA, they seem incapable of doing so. Can you get you employer to give you proof that the car is theirs and not yours? Would be a handy thing to be able to wave under the bailiff's nose should it come to it.

[Sipea71]

Thanks guys I will let you know how it goes, 1 hour and counting (assuming the bailiff is prompt on appointments )

[seanamarts]

ignore ignore IGNORE!!! watch him fluff about from an upstairs window.. he will knock, bang, shout or will just sleek away deflated...

[seanamarts]

and take no notice of his threats to call the police or a lock smith.. at this stage he cannot do either.