newly bailiff threats

[dayo123]

Hi Can some one please help me with newlyn bailiff

 

I received a letter from them to say they will be calling at my house from 6am to 9pm tomorrow.

 

I separated from my husband 3 years ago and with three children and working part time it has been difficult to keep up with my council tax.

 

I had an arrangement with the council but due to financial hardship did not keep it up as i agreed to pay more than i can afford.

 

My ex said he will help me and between the 2 of us we can pay £75 a month.

 

I know i owe about £5000 but I am willing to pay and clear it off as soon as I can.

 

Can you please help me how to go about it to get them to accept my payments or the council to take back so I can continue to pay them.

 

I am also disabled and i am scared that they will take my mobility car as i really depend on it to take me to work

as i work 15 miles away from home and also to pick kids up from school to save me paying childcare.

 

Please help

[padja]

You are classed as vulnerable and should not be having bailiffs visiting,

there are people who will advise you as to how to proceed but dont panic.

 

They cant take mobility car, they cant enter your house (unless you leave a door open or window so keep them locked)

you dont have to speak to them,

 

please wait until people who can advise you about vulnerable status have replied.

 

Just one thing when you do get it back to council please keep up payments and only offer what you can afford, be realistic.

 

I highly suspect that Newlyns wont be attending it is more to frighten you into ringing them.

 

But if they do turn up remember you dont have to talk to them,

in fact I would advise not to they are highly skilled in threats and getting you into payment plans you cant afford.

 

So just wait for advice over vulnerable status.

[dayo123]

Thanks Padja just hope that someone can help as I will definately keep up payments as i do not want to go through this situation again especially with 3 kids at home.

[dx100uk]

Vulnerable situations

.

Enforcement agents/agencies and creditors must recognise that they each have a role in ensuring that

the vulnerable and socially excluded are protected and that the recovery process includes procedures

agreed between the agent/agency and creditor about how such situations should be dealt with.

The appropriate use of discretion is essential in every case and no amount of guidance could cover every situation,

therefore the agent has a duty to contact the creditor and report the circumstances in situations where there is evidence of a potential cause for concern.

If necessary, the enforcement agent will advise the creditor if further action is appropriate.

The exercise of appropriate discretion is needed,

not only to protect the debtor, but also the enforcement agent who should avoid taking action which could lead to accusations of inappropriate behaviour.

.

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.

.

Wherever possible, enforcement agents should have arrangements in place for rapidly accessing translation services when these are needed,

and provide on request information in large print or in Braille for debtors with impaired sight.

 

.

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.

this applies to the whole HOUSEHOLD 'a' vunerable person resides there.

[dayo123]

Do I write to bailiff or the council about my situation although the council will try and tell me it has nothing to do with them and to contact the bailiff. Can someone please help

[ploddertom]

To claim "vulnerability" you do need to provide proof you are eligible, this should be sent to both Bailiffs & Council. I assume if you have a Motabiltity vehicle you claim DLA? The car should be safe unless you get a belligerent Bailiff who may try to seize it to make life difficult, but the giveaway for him is that the taxation class will say Disabled when he looks at the Road Fund Licence - may I suggest you leave your Blue Badge clearly on display on the dashboard.

 

May I ask the ages of your children? Being a single parent is also another consideration for vulnerability even more so if the children are young. Do you claim Single Person Discount for your Council Tax?

 

If you have £5k outstanding then I assume this is something that has gone on for a few years. On Monday you need to speak to someone at the Council and ask the following questions:

1 - how many Liability Orders they have against you

2 - the dates they were obtained

3 - the addresses they were for

4 - the period of time each covers

5 - how much each one was for

6 - how much is still outstanding

7 - the dates they were passed on for enforcement

 

Please also be aware that for any years where your OH was resident with you he will also be liable and the Bailiff may attend at his address. Regardless of circumstances you must start to make payments ASAP as non-payment can result in a custodial sentence and if you have not paid for a length of time this could be seen as wilful refusal to pay. I would also urge you to contact your local Councillor(s) over the weekend to help on your behalf.

 

You can start to make payments direct to the Council via online banking, Council website or automated phone. You do not have to have their permission to do so or that of the Bailiff. Providing you deny the Bailiff access to your home or otherwise prevent him seizing goods outside you can limit the fees he will charge to a maximum of £42-50.

 

PT

[dayo123]

I do not claiming sng person council tax and my kids are 8,11.15 yrs old. I am going to try and draft a letter to the bailiff offering them £75 a month (including an income and expenditure form) and also let them know i am disabled sending copy of my DLA award letter.

 

Hopefully that will appeal to their better nature and they will accept my offer of payment and not keep including extra fees to drag it on.

[ploddertom]

If you a single parent then you are entitled to the Single Person Discount this will give you 25% off each bill.

 

PT

[dayo123]

Will that apply after a liability order has been passed and account sent to bailiffs

[dx100uk]

yes should have been sorted ages ago.

 

DONT ever pay bailiffs

 

if you can pay

do it direct to the council via your internet banking site

 

dx

[ploddertom]

The Council have discretion to backdate any claim. Best to tell them you were not aware until all this business of unpaid CT arose - more important to get your Councillor involved as he can help do this for you, in my view Councillors are contactable 7 days per week up to 9pm. The Council if they accept this may put the Bailiff on hold until new totals can be established - you have nothing to lose and everything to gain by asking.

 

PT

[ploddertom]

Please note that the Bailiff exists by his threats and intimidation. If he calls he will tell you that you have to let him as he has a Court Order - he doesn't it's a Liability Order. He may threaten to come back with the Police or a locksmith and force entry whilst you are out - again another threat which he cannot carry out. He will pretend to ring others as he will tell you he is going to remove all your worldly possessions - he has to gain entry first and providing you deny him he is powerless.

 

He may see you as an easy target - lone female with children. He will shout and stamp his feet and no doubt spit his dummy out. In my view bullies get all they deserve so you will have to remain strong and bark back at him. If you ignore him he will eventually go away once he realises he is getting nowhere.

 

PT

[RaeUK]

... I am going to try and draft a letter to the bailiff offering them £75 a month ...

 

Hi dayo, please do not do this. Please do not offer the bailiff repayment terms, you will only be making a rod for your own back I assure you. You have plenty of good advice here, do follow it.

You are in a vulnerable situation and the council has a duty to take the case back inhouse and it is to them you must negotiate an offer of payment that is sustainable bearing in mind the new bills are about to hit your doormat.

Write to the council Head of Revenues, explain why you feel you are vulnerable - single Mother, young children, disabled, on DLA and motability etc - and enclose copies of any evidence ie Doctors letters, consultants letters, Prescriptions if they have many items on them, DLA confirmation, etc. THEN copy that to the bailiff firm as a secondary decision. Email if you prefer but follow up with hard copies sent by signed for.

IF the council turn down your request for the return of the case then you have very good grounds to make a Formal Complaint to the council CEO...

[brassnecked]

Good advice so far, DO NOT allow the bailiff in, stress the vulnerability, as if you make the arrangement with bailiffs they will do their utmost to engineer a default so they can issue more threats and add more fees. If he turns up film him even with a mobile phone, and pay the council direct. speak to him through the letterbox, or an upstairs window.

Do as plodderrtom says regarding the car, as if he seizes it the seizure and levy on it will be invalid anyway, he may claim he can take it, but he would be in serious trouble if he did.