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    • i suspect the charge on the Land registry site against the house reads:   2. (XX.XX.2007) RESTRICTION: No disposition of the registered estate is to be completed by registration without a certificate signed by the applicant or his conveyancer that written notice of the disposition was given to XX Council at P.O. Box XX, STREET, TOWN, POSTCODE, being the person with the benefit of a Charge under Section 22 of the Health and Social Services and Social Security Adjudications Act 1983.   ..............   that is a restriction k and is useless to the council, as all 'legally' your have to do is inform them AFTER the house has been sold . then it's too late money has gone.   dx
    • I have got a copy of the charge. The Land Registry responded to say that the document attached to the RX1 was as follows. The A4 document headed 'Health and Social Services and Social Security Adjudications Act 1983 and National Health Service and Community Care Act 1990' is a statutory charge. However as the person concerned (your late father) was one of joint proprietors of the property, the charge could not be registered or noted. Instead it was protected by registration of a restriction.   This is a statutory charge that has arisen under section 22 of the Health and Social Services and Social Security Adjudications Act 1983.   Unfortunately the Land Registry blog was discontinued on 30 June 2020 [I only found out today!] they're waiting for a new platform which could take a few weeks - so I haven't been able to obtain any other advice, other than what I found in the Hardwick and co website today which stated that S22 of HASSA had been repealed and stated that    After 1 April 2015 a Local Authority will only be able to recover unpaid care home fees by securing a judgment debt either in the County Court or the High Court (s69(1) of the Act). and The Act increases the time limit for the recovery of a debt comprising of unpaid care home fees from three years to six years from the date the sum becomes due   hence I thought that as the fees had not been paid and more than 3 years had elapsed that perhaps the charge was no longer extant?    If the restriction is such that the CS only has to notify the council [and there's no restriction on me selling] then I thought the sale could proceed while I continue to battle it out with the council. Who haven't been in touch now since 2016.   This is all very complicated - I'm sure it could be simplified!!   Thank you      
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hi,

 

I posted about this problem about a week ago, but I didn't get any replies, and have spent all week trying to find out my rights, and the best course of action, but feel like I am getting no where fast, so I am hoping someone can help with more specific issues I have with equita bailiffs.

 

So I have 3 x PCN's, unpaid, from xmas, I shouldnt have got 2 of them and was told by someone who worked at the council I wouldn't have to pay them, but I didnt fill in the appeal in time, and so now I have bailiffs hounding me.

 

So he wants £1400 (which he will kindly reduce to £700 if I pay £400 ASAP) for £210 worth of fines, I have asked for a breakdown of charges and he has charged 2 x £160 attendance charges, he has only been once, the other charges seem to be pretty much within the law, and total around £600.

 

I have told him I just dont have that type of money, and I am a single mother on benefits, and I really do not have anyone who would lend it to me, I told him this over the phone, which he twisted my words, and said if I am refusing to pay, he will be reattending the property with a lock smith this week to take the goods, I told him I knew my rights and I have never let him in he wouldnt be able to, to which he basically said thats what you think. Now I almost want it to go back to court somehow so I can fight my corner but am fed up of living in fear, and I want to get this sorted somehow. I have been to CAB, called the council who issued the tickets and begged, looked into legal aid and spoken to a debt specialist to see if I could get legal aid, he basically said if the bailiffs cant get in it will go back to the council who will instruct new bailiffs to try, and if they have no joy, the council will either, can not remember the exact name but basically the debt will sit on my house till its sold, and then will need to be paid, or they will try and force bankcrupcy!

 

This is a absolute nightmare for me, my ex partner only left me, 6 weeks ago, and now this, I would really appreciate it if anyone could advise me, or I am going to have no option but to just let him in and take mine and my childs things.

:|

Many thanks in advance.

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Hi leeseylee,

 

I am so sorry that you did not receive an earlier reply.

 

I don't know enough about bailiffs to advise you properly but I'm certain it is the law that they cannot enter a property when a child under 12 is there. Is your child of school age? If they are then obviously the bailiff can time a visit during school hours. Never, ever, ever let them in no matter what excuse they come up with. They can legally enter through an open door or window so keep them shut.

 

There's also the matter of charges. I don't believe they can charge the full rate for more than one visit, so this bailiff is obviously trying it on.

 

I'm going to alert the site team for you and ask someone with specialist knowledge to come to this thread.

 

I am so sorry for you. You must be absolutely frantic.

 

DDx

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Thank you so much for replying, my little boy is 2 and a half.

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Hi lee

 

Sorry we missed you, if it's urgent send a message via the black triangle in future.

 

As DD has stated, make sure all windows/doors are locked. As you've stated, you need to get this debt returned to the council.

 

Here there is list of vulnerable persons, it is part of The nation standards of Enforcement agents 2002

NATIONAL STANDARDS FOR ENFORCEMENT AGENTS MAY 2002

 

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

You need to E-mail the correct department at the Council and tell them that you are a 'Vulnerable Person' as you are a 'single mother'. Tell them the debt needs to be returned to them. You can also send the E-mail to the bailiffs.

 

Template at the second from bottom:-

 

Vulnerable Situations

 

http://www.consumerwiki.co.uk/index.php/Bailiffs:_Useful_Template_Letters

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Hi lee,

 

Hopefully that will help you. In the meantime, until it is resolved, keep your little boy with you in the house at all times because they really can't come in while he is there.

 

DDx

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Also, as you say this is about outstanding PCNs I assume you have a car? If so, go and hide it several streets away or with family and friends.

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How old is the car that you own and is it on finance?

Edited by tomtubby

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Thanks so much for your help people! I have sent emails to both Equita and the council although I sent an email already to the council explaining my situation, and have heard nothing, this was last week sometime. I already hide my car, its an old one, no finance. I called to ask about legal aid and had to first speak to a specialist on the general helpline, he told me that the debt would go back to the council, and I would still be liable to the bailiffs fees? Is this right? Why do you get such conflicting advice where ever you go? Such a headache for PCN's when a, I wasnt driving on 2 occasions b, we were told would be revoked by someone who worked at the council, and c, the third one, I was 4 minutes after the limit, and I fully admit is my fault but still cant not afford to pay!

 

Once again thanks, I feel relief already and no longer like I am going round and round in circles.

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Hi lee,

 

Hopefully that will help you. In the meantime, until it is resolved, keep your little boy with you in the house at all times because they really can't come in while he is there.

 

DDx

 

Unfortunately they can. This only applies to children left at home on their own, if a responsible adult is present then that is OK. I don't know much about PCN's however.


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Sorry, I stand corrected. That information is given on a number of websites though, including This is Money.

 

Hopefully this situation won't come to that.

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If you have a brother, sister or friend who is under 18 and who could stay with you for the weekend then they can answer the door if a bailiff turns up and the bailiff can only ask them when you will be back. "Er, I don't know."

 

It's getting a bit late in the day to get something resolved with the council and I'd hate you to be on your own and worried all weekend.

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Sorry, I stand corrected. That information is given on a number of websites though, including This is Money.

 

Hopefully this situation won't come to that.

 

The underneath is taken from the rest of the Vulnerable Category in the national Standards for Enforcement Agents.

 

  • 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.

Whilst not Law it is advisory and you must remember that all enforcement companies have signed up to abide by this. Even most of the Councils insist on their contractors abiding by these guidelines.

 

PT


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Ive checked the database for certified bailifs and he isnt on there, so I am guessing there isnt alot he can do, what with the vunerable person bit and the fact he isn't certified?

 

This is the happiest I have felt about the situation in ages, as someone said in another thread knowledge is power, I just feel sorry for people who do not know their rights and dont know where to look, and then have these **** bags hastle them. Even the people who should know (CAB, CCCS, even a specialist debt adviser) havent been able to give me as much advice as a few short posts on here, so a massive thank you to those who replied.

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Ive checked the database for certified bailifs and he isnt on there, so I am guessing there isnt alot he can do, what with the vunerable person bit and the fact he isn't certified?

 

Please note the online database is not 100% accurate, to find out for sure you should ring the MOJ.

 

PT


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I am so pleased you are feeling happier.

 

If there is anything else we can help with, please let us know.

 

This site is an absolute lifesaver, and I was at my wits' end when I joined in 2008. As you now know, knowledge is power.

 

Have a lovely weekend with your little boy.

 

DDxx

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I know this is a really old thread but I wanted to ask a question, since this I emailed the council and the bailiffs and have heard not a peep since, I am still a bit nervous when the door goes and was wondering if they might still come back to me? As a single parent (thus in the vulnerable category) what would happen if I met someone and they moved in? Would they then be able to come back round and demand I pay hundreds to pounds? Any help really appreciated as always :)

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