Urgent help with bailiff please

[missymoo181]

Can anyone give us some urgent advice please, we have an outstanding debt for business rates, we had an agreement with the bailiffs but very stupidly completely forgot to pay. We have seen the bailiff again but the long and the short of it is that he rang up yesterday afternoon to say that we had 2 days to pay in full. I said I would ring him back in the morning, which I have just done. I explained we could only pay half today and the rest next week. He won't accept this and says we only have until 5pm today, I queried this as he had said 2 days and his reply was yes yesterday and today!! I suggested that on that basis we would be better to close the workshop until we had all of the money next week to prevent them taking things, his reply to this was that they would just employ a lock smiths at our expense to break in, well that would mean undoing 8 padlocks and moving a vehicle!!

 

So what I urgently need to know is can they refuse to accept half of the money now and also can they break in at our expense, especially when it would be so involved? Any help greatly appreciated

[backofbeyond]

Are your business premises solely commercial? If so it is my belief (used to work in this field) that the bailiff can enter your premises without permission but this is ONLY if your premises are just commercial.

[missymoo181]

yes unfortunately the premises are solely commercial. so does this mean they are able to get a locksmith and break in?

[backofbeyond]

Unless legislation has changed yes. Commercial and domestic debts are treated differently (or were).

 

What type of bailiffs are they? How much is debt for?

[wonkeydonkey]

Yes they would need a locksmith...as they are simply being bloody minded pay the Council direct online and then email & write to them (letter by signed for, read receipts for email) telling them why you have been placed to take such action. You can tell them you are aggrieved by the bailiff and will only make future payments direct to them regardless of whether they recall recovery from the bailiff. Start telling them what is going to happen, not have the bailiff telling you supposedly on their behalf.

 

WD

[backofbeyond]

I do agree with what you are saying WD BUT time is not something the op has. Between paying council and notifying them the bailif *could* already have gained access.

[wonkeydonkey]

We are talking plenty of time thanks to the age of technology. Payment now online,,,email 2 mins later. Copy in bailiffs...light blue touch paper and retire.

 

They have been notified the OP is not evading the debt and the payment they refused has been made directly to the person it is owed to!!!!!!!!!

 

WD

[missymoo181]

thanks guys, the debt is for £1,124 and the bailiff is ross & roberts

[wonkeydonkey]

Ross & Robbers that says it all............................ you may have missed a payment but that does not mean you are avoiding the debt and you can show that by making a partial payment today. What I have suggested has been Tried and Tested with success.

 

WD

[backofbeyond]

Oh I agree - it should be instantaneous but this is the council we are talking about. They have to pass it on to twenty five different departments before it even gets looked at. I know the op has agreed to pay but they have failed to keep to an agreed payment schedule, this non compliance (whether genuine oversight or not) could be deemed as time wasting.

 

The bailiff by threatening to use his powers to enter may be a bluff to worry the op into paying. if they are county court bailiffs imo it is unlikely they'd enter.

[ploddertom]

yes unfortunately the premises are solely commercial. so does this mean they are able to get a locksmith and break in?

 

Have they gained peaceful entry previously and if so have they made a levy or seized any goods? They cannot just turn up and force entry, these are for other debts.

 

PT

[missymoo181]

because we are a business people can just come into the premises unfortunately. I know you can argue that if we had just paid the bill in the first place we wouldn't be in this situation but what makes it seem even worse was we were getting small business relief, during the year these rates are for we became a ltd company, i went in and told the council this so that they could update their records. They now say that we should have reapplied as a limited company for small business relief and because we didn't we have to pay full rate, otherwise there wouldn't even be a debt. Why they couldn't have told us this at the time so we could have applied straight away and saved all this money and trouble is beyond me so yes we owe the debt but I do feel very scammed over it.

[brassnecked]

Oh I agree - it should be instantaneous but this is the council we are talking about. They have to pass it on to twenty five different departments before it even gets looked at. I know the op has agreed to pay but they have failed to keep to an agreed payment schedule, this non compliance (whether genuine oversight or not) could be deemed as time wasting.

 

The bailiff by threatening to use his powers to enter may be a bluff to worry the op into paying. if they are county court bailiffs imo it is unlikely they'd enter.

 

As a timed and dated receipt for the payment can be printed, they cannot claim non payment, of whatever sum has been paid no matter what they do internally with it.and the receipt is evidence to wave under the bailiffs nose

[ploddertom]

if they are county court bailiffs imo it is unlikely they'd enter.

 

Wrong type of debt this does not apply.

 

PT