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hi. looking for some help.

 

just had a bit of a harrowing experience.

 

came home to find a person knocking my next dooe neighbours door. i said hello and went into my house.

 

2 minutes later this chap knocked the door and introduced himself as a baliff from Swift Credit Services working on behalf of The Vale of Glamorgan County Council.

 

He handed my a piece of paper saying that he has secured the debt againt my car outside.

 

And i didnt pay up in full within 5 days they would be taking the car.

 

My car was secured against a previous debt I had with the Vale of Glamorgan previouse which i paid off in full.

 

I must admit at this point. remembering that he had be kniocking my neighbours doors looking for me really started to get my a little upset.

 

I repeated to him that, as i had already explained to one of his colleagues a few days ago, i can only afford £50 a month toward the £419 debt. which that chap flatly refused.

 

This guy pretty much repeated word for word "we have a contract and we cannot accept that amount" like the last guy.

 

So, and maybe i should not have said this, but i said how do you know thats my car? he replied "we have checked its registered in your name".

 

having been lucky enough to have had a company in days gone by i remember that being the registered keeper does not mean you are the owner

 

I replied so you know that having a vehicle do you? and how did you get that information.

 

maybe i am beling naive. i know i owe money but this seems just too far!

Edited by reallyinthecrap

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Make payments direct to council

 

how much is the car worth??

 

can you move car to another property garage it if you can


If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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so just go down tomorrow and pay them £50?

 

about £1800

 

dont know. thinking...

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There is no law that states you have to deal with the bailiffs,pay council on line or automated telephone service make payments each month

 

If you speak to council they will tell you to deal with bailiffs dont phone bailiffs either

if you can remove car away if you have a attached garage that is fine if detached they can break in to it

 

Keep property secure don't let them in and don't sigh anything from a bailiff EVER

 

eventually bailiffs will hand it back to council

 

does car have hp/credit on it

 

bailiffs have no right of entry and cannot break in unless they have gained previous peaceful entry so don't let them in


If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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Don't forget that whatever way you do this, you are still liable for the bailiffs calling fees.

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im lost. i couldnt afford the £100 a month they were demanding. i did my best and offered £50.

 

they didnt want to know. he just walked away. like the guy did tonight.

 

its like ive been trapped. :(

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You pay what yuo can afford. The bailiff will only make a couple of attempts and if he can't get in he won't be able to make any charges for further visits so will hand it back to the council as IHB has said. They can then make an attachment of earnings or accept your offer of £50 which you should start making tomorrow, do it on line.

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im lost. i couldnt afford the £100 a month they were demanding. i did my best and offered £50.

 

they didnt want to know. he just walked away. like the guy did tonight.

 

its like ive been trapped. :(

 

 

Pay what you can to council

are you in employment

Deny bailiffs entry and move car one day councils will realize there is a reason why people are struggling these days and there heavy tactics don't wash


If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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thanks. will do.

 

so. unless i hide the car, which was mostly paid for by my mum and lock all my windows i can expect them sitting outside at any time.

 

they have given me 5 days or they will take the car.

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thanks. will do.

 

so. unless i hide the car, which was mostly paid for by my mum and lock all my windows i can expect them sitting outside at any time.

 

they have given me 5 days or they will take the car.

 

Like other members said, you dont have to deal with bailiffs and they cant force an entry( can only do in criminal matters e.g. magistrate fines) so they would lie to you as much as they can and try and scare you as much as they can to get the money out of you but if you stand your ground and dont let them in and dont have anything to do with them, they will have no choice but to send the debt back to the council and once they do that than all the bailiff fees would finish as well and you would only owe the council. Now as long as you making £50( or even less) regular payments to the council without any break, the council would understand that you are someone who is struggling and cant pay rather than someone who wont pay so start paying the council online and do NOT miss a payment and you should be fine and yes move your car down few streets so bailiff cant take it.

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thanks. very much appreciate you help. it means a lot.

 

thanks

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They may have a contract with the Council but that contract is to collect outstanding CT, that you do not have the amount they are asking for it is reasonable to expect they set up a payment plan. They have refused to do that and that entitles you to make alternative arrangements to repay the debt. Pay what you can comfortably afford each week/fortnight/month direct to the Council using their online payment system, make sure you use the right reference no for the account you owe to, once you start to show a 'history' to regular payments the Council will have difficulty in taking the debt any further and the bailiff will soon get bored then move on to another poor sod.

 

There is no law that says you have to deal with the bailff and if you are strong enough to look straight past all the lies he will spout at you in the hope of scaring you into paying then you will have nothing to fear.

 

WD

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Thanks for the help last night.

 

I found the online payment system and have paid £50 using my council tax reference.

 

What should I do now?

 

The baliffs are still due back next Thursday to take my car away.

 

Thanks

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They cannot touch that car if it is on HP.....have you sent them copy to the HP agreement?

 

WD

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They may be due Thursday but may not turn up if they do and you have moved car away all they will do is put a 24hour notice as nothing much they can do much easier if you stay one step ahead of them!

 

Are you in employment/in receipt of any benefits could change things if so ?


If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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Hi WD, the car is not on HP, it was bought with cash my mother lent me.

 

I am self employed but earning next to nothing.

 

So, even though they have refused my payment offers and I have now started paying VOG directly they can still sit around the corner from Thursday on a cease my car?

 

Is there no way to get the baliffs to go away?

 

Thanks

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once bailiffs attend and attend again they will realize they getting no where and will hand it back to council

play there game doors secure move car away not on the street best in a garage or a friends driveway away from property

may take 4 or 5 visits for them to hand it back

any payment to council

you may be able to apply for council tax benefit for this current year as earnings low


If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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Hello,

 

Starting to send out the emails and letters as you have kindly instructed i should do...

 

The one thing that occurred to while laying awake worrying last night is...

 

When they first levied against my car and I fully paid of that debt I was actually claiming JSA and was put in an a dire financial position.

 

I have looked at the VOG website but this is not classed as a vulnerbale person.

 

Is this correct?

 

If I was vulnerbale then can they still use the same "walk in" levy against my car this time?

 

Any advice would be greatly apprecitaed.

 

Trev

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Hello,

 

I have just emailed the following response to the Head of Revenues and have cc'd The Chief Executive and Swift Credit Services.

 

I was wondering what you thought and what I should do next?

 

 

To The Head Of Revenues

Ref: Outstanding Council Tax for XXXX Address

Ref: XXXXX

 

I have recently received 2 visits from your appointed Bailiffs, Swift Credit Services.

 

On both occasions I tried to arrange a payment schedule of £50 a month towards my outstanding Council Tax.

 

On both occasions this offer was flatly refused. Citing the fact that they have a contract with yourselves to recover all monies within 3 months.

 

I have therefore been forced to make an alternative payment arrangement.

 

I have just made a payment directly to you via your online payment system of £50 and will continue to make payments using this system onthe 8th of every month until I have covered the outstanding amount. The receipt reference for the payment I made this morning is XXXXX.

 

I believe that your appointed Bailiffs have contravened your “Bailiff Code of Conduct” for the following reasons…

 

10: The bailiff must not threaten you with other ways ofenforcing the liability order but may advise you that imprisonment may be anaction the Council could take.

 

The second bailiff who visited last week. After refusing to again accept my offer of payment simply stated that he had levied the debt against a car he believes to be mine outside my house and stated he would be back the following Thursday to take the car if the debt is not paid in full.

 

12. If a bailiff wants to get information about where youare, he or she should do so discreetly without giving the reason for their visit.

 

When returning to my property I found the bailiff knocking the door of my next door neighbour obviously looking for me. He did this with his bailiff clearly displayed. This clearly would have left my neighbours in no doubt about the reason for him looking for me.

 

19. If we find out you are receiving Income Support orJobseeker's Allowance the bailiff or we may stop all action against you andissue an Attachment of Benefits order against you.

 

A previous Council Tax debt was secured against my car even though, at that time I was in receipt of JSA and Council Taxi Benefits. No mention whatsoever was given there was a possibility of agreeing an attachment of earnings on this previous occasion. This previous debt has now been fully repaid but the Bailiff has now levied against my car using this previous authority.

 

21. If a bailiff comes to seize your goods, he or she must clearly tell you what they cannot take legally.

 

On the second visit by your Bailiff, the visit where he levied against my car and informed me that they would return to remove the car this coming Thursday at no point did the bailiff clearly tell me what they cannot take legally. I was simply told he had levied against my car and a piece of paper posted through my letter box soon after the discussion finished.

 

I am deeply disgusted by the refusal of the bailiff toaccept what I hoped would be an acceptable charge and I am currentlyinvestigating the methods and practices that they have employed.

 

Please can I ask you to look at this as a matter of priority.

 

Regards

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A little bit more information and a question...

 

The piece of paper that was put the the door after the bailiff last visited is a "Walking Possession Agreement" and not a "Walking Possession Order" and I did not sign it.

 

The back section is as follows:

 

[Walking] / [Close]* Possession Agreement *delete as applicable"

 

it then has a "TO:" sections which seems to require the bailiff to fill in, which is blank

 

it then has a line "Debtors Full Address" which is also blank

 

It then has places for me to Sign, Print Name and Date all of which are blank as I did not sign it. It was just posted through my letterbox

 

Is it of any relevance that I did not sign it and that he has not completed the sections he was supposed to?

 

Sorry about posting so much extra detail without waiting for direct replies. It's just im terrified about losing my car.

 

Thanks

Edited by reallyinthecrap
Extra Info

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sorry me again...

 

I have been reading up as much informtion as possible on this to try and find out where i stand...

 

Here is another interesting fact that I have found out...

 

When the Walking Posession Agreement was posted through the door and before the bailiff had driven off i went to him and asked him to write his name on the form as I could not read his signature.

 

He gave his name as, and this is just an example and not his real name..

 

Mike James...

 

I then found a link to a list of certified bailiffs and ran his name through it

 

Link is here: http://certificatedbailiffs.justice.gov.uk/CertificatedBailiffs/

 

It turns out that his name is in fact NOT xxxxxxxxxx at all, it's xxxxxxxxxx..

 

Why has he deliberately not given me his correct name?

 

Does this have any relevance?

 

Thanks

Edited by seanamarts
bailiff name out

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Hello,

 

Hoping someone will read this and give me some advice... really worried....

 

I have just found some more information which maybe relevant hopefully....

 

Firstly, a breakdown of my debt and fees: taken from the Walking Possession Agreement:

 

Arrears due to authority: £419.61

First Attendance Fee: £22.50 (14/3/2012)

Second Attendance Fee: £16.50 (4/4/2012)

Levy fee to scale schedule: £36.00

Attending with a vehicle with a view to removing: £170.00

Removal fee / Where no sales takes place: £22.50

Total: £687.11

 

I have a letter that was posted through my door on the 14/3/2012 but no record or letter claiming they also visited on 4/4/2012

 

Now, I found another interesting site ( http://www.advicenow.org.uk/advicenow-guides/consumer-and-money-problems/dealing-with-bailiffs/what-bailiffs-can-charge-html%2C621%2CFP.html )

 

On that site they clearly state that:

 

"They can also charge for making a Walking Possession Agreement and, if you have not kept to the agreement, they can charge you for hiring a van to take your belongings away. This must be in line with normal van hire rates. Bailiffs cannot bring a van to your home and try to charge you for it before they get a 'walking possession agreement' - although many dodgy bailiffs will try this."

 

So, if the first time i ever got sight of a Walking Possession Agreement was on their "claimed" third visit when they posted it through the door, how can they claim I have breached it and add the additional £170?

 

I am at a total loss now. Im so confused.

 

Trev

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please help me peeps?

 

No reply to this thread and no reply from the council.

 

worried.

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When they first levied against my car and I fully paid of that debt I was actually claiming JSA and was put in an a dire financial position.

 

I have looked at the VOG website but this is not classed as a vulnerbale person. They appear to be cherry picking from the National Standards for Enforcement Agents. All Councils and Enforcement companies are signed up to abide by these guidelines but they have no legal standing.

 

Is this correct?

 

If I was vulnerbale then can they still use the same "walk in" levy against my car this time? They can only "re-levy" your vehicle if the last account has been paid in full and discharged.

 

Any advice would be greatly apprecitaed.

 

Trev

 

Redaing from an earlier post I note you say your mum paid for your car. In this case I would suggest she is still the legal owner and the Bailiff cannot therefore have a valid levy. In order to do this of course you would have to tell her of your problems and she would need to make a 3rd party claim for the vehicle.

 

PT


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