Bailiffs

[lauren8125]

Hi, can bailiffs come in if a baby is living at the property? Also if I live with a pregnant person and soon to be newborn baby would I be classed as vulnerable person?

Thanks.

[rebel11]

Hi lauren

 

Could you provide more background information? Why is the bailiff calling?

 

Here is a 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
  

[lauren8125]

Thanks for the list but where it says pregnant women it doesnt say if it has to be the debter. I wrote to the bailiff and said I was living with a pregnant woman but they said that I wouldnt be classed as vulnerable, but I guess they would say that. I wrote back saying according to the above standards pregnant women are classed as vulnerable, I am now waiting their reply now.

 

It is for Council Tax arrears.

[brassnecked]

If "Anyone" in the household is vulnerable, and it doesn't have to be the debtor who is vunerable, then the whole household is vulnerable

It is for council tax then. How much, and to which council, also what bailiff firm is this.

 

You need to ask the council:

 

How much is the liability order(s) for:

Which tax year(s)?

When obtained?

When were they passed to bailiffs for action.

 

These figures will differ from what the bailiff says.

 

Do not let the bailiff in. Are you at work or are there benefits in payment?

 

Others will be along soon no doubt

[rebel11]

Hi lauren

 

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

 

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

 

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

 

I would speak to the council to see if they can recall the debt, explain that you live with a pregnant woman, see what they say.

[lauren8125]

it is for about £1500, Redbridge Council & Newlyn Bailiffs.

 

I have been making payments for over a year but because they were too low the Council wouldnt set an arrangement so in September I got a letter from the bailiff thats when it all began. I have 3 liability orders its all my own fault for not paying in the past but I have been making a payment once a week for over a year and have paid off £1000 of the arrears but they still sent it to the bailiff as there was no arrangement. I have written to the council 3 times (all recorded delivery), the last letter to the head of service and I have never received a reply these letters go back to October 2011. I now need to know who to complain further too, I am informing them of my situation, asking them to take the debt back and now complaining that I have not received any reply to my previous letters oh and the bailiff levied a charge on a vehicle which is not mine!

 

thanks.

[rebel11]

Hi lauren

 

You can complain to the local government ombudsman - http://www.lgo.org.uk/

 

But your priority is to get the council to recall the debt. Here is a Template that you can send:- http://www.consumerwiki.co.uk/index.php/Bailiffs:_Useful_Template_Letters#Vulnerable_Situations

 

Copy it to the council as well, keep on chasing so it gets called back. If you speak to anyone at the council get a name and direct number.

[brassnecked]

Also Lauren keep paying the council direct using their telephone or online payment system, if they refuse over the counter payments ask the counter clerk to sign a written refusal of payment, as that will be useful later. You can challenge the unlawful levy on a third party motor and demand the fees are removed. see:

Has a bailiff "levied" upon a car that is NOT owned by you ??... LOCAL GOVERNMENT OMBUDSMAN'S Report !!!!(1 Viewing)

[lauren8125]

Thanks I have kept paying the council, I just transfer the money direct from my account to their account so they can't refuse it!

The bailiffs have said they have applied to the DVLA to check the ownership of the car but this was a while ago now!

[brassnecked]

Thanks I have kept paying the council, I just transfer the money direct from my account to their account so they can't refuse it!

The bailiffs have said they have applied to the DVLA to check the ownership of the car but this was a while ago now!

 

They probably know that it isn't your motor by now then, but will likely still try to collect their now unlawful levy fees. there is no law that says you have to deal with the bailiff, so I would inform the council that you are aggrieved by their agents, Newlyn's unlawful levy on a third party motor, so would they take the account back as you cannot trust Newlyn to deal fairly and ethically with your account, notwithstanding the fact you are to pay your debt directly to them anyway.

 

You could also mention that you are considering a Regulation 46 complaint at the magistrates naming them as defendant you being aggrieved by their bailiffs unlawful levy.

[lauren8125]

sorry what is a regulation 46 complaint?

[wonkeydonkey]

is this £1500 the amount outstanding to date? have you confirmed with the Council the details as suggested in previous posts by Ploddertom, brassnecked etc? Have you followed the general advice given throughout the Forum and sent for a breakdown of the fees being charged by Newlyns?

If you are paying a regular amount direct to the Council every week without fail, there is little the bailiff can do, regardless of what he threatens.

If the Council are being ignorant and refuse to answer you letters (I assume you have checked the recorded trace to establish when they were received and signed for?) then your next letter will be to the CEO of the Council. I think the time is right to also involve your local councillor, explain your case and your disgust to the lack of reply from Council Officers.

 

Meanwhile continue with your payments, continue to refuse the bailiff entry to your home (try to film him/her if they return) and as you have now advised them the levy on the car you do not own is invalid, be it on their own head if they decide to remove it.

 

WD

[brassnecked]

sorry what is a regulation 46 complaint?

 

It is a complaint to magistrates where someone ids aggrieved by a levy made by a bailiff under the Council Tax (Administration and Enforcement) Regs 1992. Regulation 46, where the council is summonsed for the action of their agent, the bailiff for who they are 100% responsible. You would be aggrieved if newlyn still attempted to collect their now unlawful levy and associated fees from their levy on the third party motor.

 

It is another bullet for the gun, if you need to use it.

[lauren8125]

hi, yes that is what I owe today. I havent confirmed anything with the council as they haven't answered any of my letters. I can see my council tax account online and I can see what I owe and what payments I have made. That is the only way I know what is going on. I have paid at least £10 a week most weeks more than that, for at least a year. I will write a couple of letters today to the CEO of the council and my local councillor, should I also complain through the government ombudsmen?

[brassnecked]

hi, yes that is what I owe today. I havent confirmed anything with the council as they haven't answered any of my letters. I can see my council tax account online and I can see what I owe and what payments I have made. That is the only way I know what is going on. I have paid at least £10 a week most weeks more than that, for at least a year. I will write a couple of letters today to the CEO of the council and my local councillor, should I also complain through the government ombudsmen?

Formal Complaint to CEO, and head of Revenues marked as a FORMAL COMPLAINT copied to the elected leader, your local councillor and MP, you have to exhaust the internal complaints before going to the Ombudsman, but i would include the details of the unlawful third party car levy, in the complaint

[seanamarts]

Has the bailiff been inside your home, if not then just carry on with what you have been doing and ignore the bailiff. The levy is unlawful and cannot make a charge for that, the most you would owe in bailiffs fee would be £42.50.

Dont let him/her in at all, if they do come knocking speak through your letter box or a window. Record the conversation if you can.

 

Have you been writing to the revenue and benefit department?

[lauren8125]

no the bailiff hasn't been in, i have been writing to the council and the bailiff. i just dont want the bailiff knocking as, as i mentioned above i live with a pregnant person and very soon will be a newborn baby.

[brassnecked]

no the bailiff hasn't been in, i have been writing to the council and the bailiff. i just dont want the bailiff knocking as, as i mentioned above i live with a pregnant person and very soon will be a newborn baby.

Send your complaints to the council requesting they take the account back, citing the vulnerability with proofs of the third trimester pregnancy, and the unlawful levy. If bailiff turns up, don't let them in, and film them even with a mobile if they get threatening, or shout through the letterbox. keep them out and they are powerless

[wonkeydonkey]

hi, yes that is what I owe today. I havent confirmed anything with the council as they haven't answered any of my letters. I can see my council tax account online and I can see what I owe and what payments I have made. That is the only way I know what is going on. I have paid at least £10 a week most weeks more than that, for at least a year. I will write a couple of letters today to the CEO of the council and my local councillor, should I also complain through the government ombudsmen?

 

Phone your local councillor and if needs be ask him/her to visit you or make an appointment with you asap, the reason for this suggestion is that he/she has access to those at the top of the tree and could start to make headway quickly as opposed to you having to wait and hope the Council will get their act together.

 

WD

[RaeUK]

Good advice thus far. Just out of interest, lauren, how's the household finances? And everybody is in good health I trust ...

Rae