Bailiffs visit today - Girlfriend in a panic

[Concerned boyfriend]

Hi There,

 

I am new here so please bear with me!

 

I recently moved in with my Girlfriend who due to a lack of support from her ex husband is struggling under a mountain of debt both credit cards from the time they were together and council tax arrears.

 

Today a bailiff has turned up on the doorstep demand full payment of an outstanding council tax debt. I knew about this but was very surprised as to how indiscrete the bailiff was. He offered no indentification and did not enquire as to who I was but handed me a removal notice and informed me that the opportunity to pay in installments has passed and my girlfriend needs to pay £570 immeadiately this is on top of the £1000 she paid in august for a debt of around £1300.

 

Has the bailiff given my girlfriend grounds for complaint due to discussing her account with me? We are willing to settle the debt but would rather do so directly with the council and not incur further charges with this firm of bailiffs.

 

My girlfriend is obviously angry and embarrassed about today and is willing to pay but with xmas right upon us would rather spread the payments.

 

Many thanks

 

Concerned boyfriend

[padja]

could you give us some details about the debt bailiff is chasing first thing is you dont have to pay them you can pay council direct (regardless of what council say) using online/telephone payment system. also pay a regular amount (say £10 a month as you have paid majority of it) what we need to see is the charges the bailiff has put on, I'm thinking he may be overcharging. once we get council tax sorted also has the bailiff got a walking possession? if not what was he doing handing a removal notice? we can look at other debts too. but lets get bailiffs sorted first.

[Concerned boyfriend]

Hi Padja, thanks for the swift response.

 

The debt is for unpaid council tax from this year.

The bailiff claimed he has a walking possession but this is definitely not the case as they have not been into her house.

Edited November 23, 2011 by Concerned boyfriend
spelling

[brassnecked]

Hi Padja, thanks for the swift response.

 

The debt is for unpaid council tax from this year.

The bailiff claimed he has a walking possession but this is definitely not the case as they have not been into her house.

 

In which case you don't have to let them in, keep him out and make sure there is no car or other vehicle around he can levy. If he turns up film him with a mobile phone even as he will try to lie cheat and bully his way in

[wonkeydonkey]

As has been said ....pay the Council online at a rate that is affordable and sustainable to your circumstances, you must ensure these payments are made on the same day/date every week/month. Meanwhile you need to gather further information from both Council and Bailiff's, the latter is adept at lying so you must contact the Council with the following the questions. Below this is a template to obtain info from the Bailiff, which will show if the charges applied to your account are legally allowed or simply what the bailiff hopes you will cough up without question.

 

1 - how many Liability Orders there are

2 - the dates they were obtained

3 - the address(es) they relate to

4 - the period(s) of time they cover

5 - how much each one is for

6 - how much is outstanding on each

7 - the names the Liability Orders are in

8 - the date(s) they were passed for enforcement

 

 

"From:

My Name

My Address

 

To:

Acme Bailiff Co

Bailiff House

 

Ref: Account No: 123456

 

Dear Sir

 

With reference to the above account, Can you please provide me with a breakdown of the charges.

 

This includes:

a - the time & date of any Bailiff action that incurred a Fee.

b - the reason for the fee.

c - the name(s) of the Bailiff(s) that attended on each occasion a Fee was charged.

d - the name(s) of the Court(s) the Bailiff(s) was/were certificated at.

e - the date of the Certification.

 

This is not a Subject access request under the Data Protection Act S7 1998 so does not incur a fee of £10. You are obliged to provide this information.

 

I require this information within 14 days.

 

Yours faithfully

 

Ripped off customer"

[rebel11]

Hi concerned

 

Would you be described as a 'Vulnerable Person',

 

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
  

[Concerned boyfriend]

Thanks for the replies. Will send the letter outlining charges immeadiately.

 

And as I am now living with my girlfriend she cannot be classed as vulnerable as she is no longer a single parent.

[rebel11]

Theres further info here:- http://www.consumeractiongroup.co.uk/forum/showthread.php?315154-CAG-Newsletter.-Bailiff-tactics-!!!

[padja]

when you have the details of the charges post them back on here, Its not unheard of for bailiff to do levy by guessing whats in property (DVD player, TV, Microwave, etc or he may have looked through window) as long as theres no signature then he can whistle. You will have to pay some bailiff fees but they are set out by law and certainly the last thing you pay also worth checking with council how much they have received from bailiff I suspect not as much as has been paid out to bailiffs.

[Concerned boyfriend]

Bailiff back again today.

 

Girlfriend at work, left a letter entitiled - NOTICE TO SEIZE GOODS

 

It threatens attendence with removal porters, using a locksmith if we are not in and charmingly Application for your committal to prison. All unless account settled in 24 hours.

 

Are these just empty threats??

 

They have no walking possession agreement if they return can I forceably remove them from the property as I strongly object to this aggressive action and bullying approach.

 

Advice appreciated as I am furious with this approach

[brassnecked]

Bailiff back again today.

 

Girlfriend at work, left a letter entitiled - NOTICE TO SEIZE GOODS

 

It threatens attendence with removal porters, using a locksmith if we are not in and charmingly Application for your committal to prison. All unless account settled in 24 hours.

 

Are these just empty threats??

 

They have no walking possession agreement if they return can I forceably remove them from the property as I strongly object to this aggressive action and bullying approach.

 

Advice appreciated as I am furious with this approach

 

The bailiffs have no levy, they haven't had peaceful entry, so they are empty threats. You don't have to let them in, but keep any motor away out of sight, they cannot at this stage commit anyone to prison, bring police to arrest you, locksmiths to break in in your absence.

 

They CAN however list garden furniture etc and levy it, so keep all outside furniture locked away, or will try to levy a random motor parked nearby to try to enable attendance and van fees later.

 

If they turn up whilst you are in try to film them even with the video facility on a mobile phone to record their threats, DO NOT UNDER ANY CIRCUMSTANCES let them in, for that cosy chat to sort out a payment arrangement.

 

You could pay direct to the council using their online system, and add £42.50 of lawful fees to the amount, at a rate affordable to yourselves but do it regularly on the same day to build up a payment record. tell the council you are doing this. and keep the bailiff out, there is no law that states you must deal with them.

 

Others will no doubt advise further

[Concerned boyfriend]

Thanks for the reply. Feel calmer now.

 

This particular firm seem to be very aggressive and if it wasn't for sites like this I would be very concerned with the language used in their letters.

[seanamarts]

who is the bailiff company? dont name the bailiff.

 

If a Levy has been made then the bailiff has to leave a notice on the goods that have been restrained. If he has not done this then all he can charge is for two visits £42.50.

Pay what ever you owe to the council via their on line payment facility. In form the council that this is what you have done. Also state to the council that the bailiff has made no levy and all that is outstanding are two fees, make sure you add these when you make payment.

 

Dont let the bailiffs in, make sure all cars are moved away from the house and there is nothing in the garden he can levy on.

He cannot come back with a lock smith or the police.

 

As for discussing the matter with you is certainly not allowed.

 

http://www.legislation.gov.uk/uksi/1992/613/regulation/45/made

 

http://www.legislation.gov.uk/uksi/1988/2050/article/12/made

 

http://www.legislation.gov.uk/uksi/1988/2050/article/10/made

 

http://webarchive.nationalarchives.gov.uk/+/http://www.dca.gov.uk/enforcement/agents02.htm#part7

Edited November 26, 2011 by seanamarts
My grammar sucks!!!

[Concerned boyfriend]

Thank you for this, very useful links.

[brassnecked]

As your GF is the named debtor and debt predates your relationship, any discussion with you giving details is a breach of data protection, and I would be informing the data protection Commissioner of the breach.

 

Which bailiff firm is this?

[Concerned boyfriend]

As your GF is the named debtor and debt predates your relationship, any discussion with you giving details is a breach of data protection, and I would be informing the data protection Commissioner of the breach.

 

Which bailiff firm is this?

 

Thanks again, I did wonder about data protection, the firm is Jacobs

[brassnecked]

Thanks again, I did wonder about data protection, the firm is Jacobs

 

Say no more, one of theirs approached me at random when I was on the phone in a motor parked opposite an address they were "visiting"

[RaeUK]

... As for discussing the matter with you is certainly not aloud ...

 

They shouldn't even do it quietly! ...

[seanamarts]

They shouldn't even do it quietly! ...

Thanks Kel

 

I will correct

 

Good to see you