urgent help required please

[qwerty12345]

Back in october I received a visit from bristow and sutor bailiffs for an unpaid council tax bill from years ago.

I was quite ill at the time they visited and made the mistake of letting them in to levy. I was then to contact b&s to set up a payment plan...which I did, I had to pay £35 per month and I have paid it like clockwork since.

However, today a bailiff turns up saying that I was supposed to contact the council as it was only a temporary agreement and even though I have continued paying the correct amount on time, he was here to seize goods.

I didnt let him in and to be fair he was very pleasant...maybe down to me being heavily pregnant with a disabled child in the house and bursting into tears.

He has given me until 5pm today and is going to ask the office for an extra 24 hours for me to raise the money.

The debt is in mine and my ex's name (but they have NEVER chased him for the debt, despite having his details) and he has never paid anything off it.

 

As far as I am aware, because they have been in and levied previously they can force entry? Yet it doesnt seem fair seeing as I have consistently paid the amount required on time.

I really dont know what to do, ive asked my ex to try and raise the money but its not likely and I certainly cant raise it (£657).

 

Please help, I really dont know what to do

[i hate bailiffs]

Contact the council now tell them you are heavily pregnant bailiff action should stop as you fall into vulnerable category

 

Ignore him giving you to 5 am no further bailiff action can happen from now on as pregnant

 

future payments direct to council

 

If bailiff does come back make sure doors and windows secure

 

out of intrest what items did he levy on?

[wonkeydonkey]

This is disgusting and needs to be brought to the attention of the Head of Revenues with urgency...contact your local councillor NOW and give him/her the facts you have posted here. Should the bailiff return and cannot see you are heavily pregnant therefore classed as vulnerable you can escalate the matter to the CEO, the leader of the Council and his/her opposite number and I suggest you copy everything to your MP. Meanwhile to find out exactly what is owed to the Council for CT see below:

 

First you need to establish the facts,so with pen at the ready ring them and ask:

 

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

 

It would be interesting to see how much of the amount alleged to be outstanding can be attributed to illegal bailiff fess so send :

 

"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"

[brassnecked]

Follow what wonkeydonkey has advised but for completeness, are you on any benefits?, as if you are not working, Council tax benefit should be in pay also, as your ex is non resident, have you applied for the single occupiers discount? this should be backdated to when ex left, and would alter the arrears significantly.

[qwerty12345]

Thankyou for the replies, the debt is from 5 years ago and is council the other end of the country.

 

I have phoned the offices and they said that I need to contact the council as becasue it is out with the bailiff they cannot stop action and it is up to the individual bailiff as to whether or not he will escalate things. I then phoned the council and they were not interested in the least, telling me once it is passed to bristow and sutor that it is up to them how to collect it.

 

I'm just concerned as what if he comes back tonight or tomorrow and tries to force entry...I have the added worry too that if im out I have 4 large dogs that would not take too kindly to someone forcing entry :s

 

I am on benefits as I care full time for my disabled son, b&s know all this and know that I am pregnant (it is obvious but I did confirm and he took note).

[brassnecked]

Thankyou for the replies, the debt is from 5 years ago and is council the other end of the country.

 

I have phoned the offices and they said that I need to contact the council as becasue it is out with the bailiff they cannot stop action and it is up to the individual bailiff as to whether or not he will escalate things. I then phoned the council and they were not interested in the least, telling me once it is passed to bristow and sutor that it is up to them how to collect it.

 

I'm just concerned as what if he comes back tonight or tomorrow and tries to force entry...I have the added worry too that if im out I have 4 large dogs that would not take too kindly to someone forcing entry :s

 

I am on benefits as I care full time for my disabled son, b&s know all this and know that I am pregnant (it is obvious but I did confirm and he took note).

They can stop action, and they should take note of your vulnerability, deduction from benefit is the preferred method of recovery in this circumstance, and as it is old arrears from a previous address with a different council is a non priority debt, so would be lucky to be able to force £3.50 per week.

[i hate bailiffs]

I wouldn't worry about the fact you have 4 large dogs keep them on the hungry side for when bailiff comes back:-D

 

council can recall it at any point

 

They wont be breaking in if they attempt/threaten they could be in serious trouble with current circumstances

[wonkeydonkey]

I understand your immediate concern is that the bailiff could return....if he does then make sure you stay calm and speak to him only from behind a closed door or upstairs window and record/film him as you go and under no circumstances allow him access to your home and I do mean UNDER NO CIRCUMSTANCES . He will huff and puff and spout lie after lie but the reality is he can do little at this stage.

 

You are definately in the vulnerable category and you must ring the Council again and demand to speak with head of revenues, they can and must withdraw the bailiffs regardless of what they try to tell you, if you can in anyway record the conversation you must do so. Ask for a direct email contact to a senior officer of the Council and send them details as you have posted here and make sure you get across to them the account is in dispute, so there is no room for them to wriggle out send a copy of the email by post (recorded delivery)

 

WD

[tomtubby]

I would suggest that you ring the COUNCIL right now and advise them you are pregnant...on benefits...and have a disabled child and that you have been informed that your circumstances indicate that you are almost certainly classed as "vulnerable" according to the National Standards for Enforcement Centre and that you would like to ask that the debt be returned back to the council to enforce.

 

If the council refuse....you MUST ask for the name of the person who you spoke with and you should advise him or her that you require their contact details as you wish to write a formal letter of complaint.

[qwerty12345]

Thankyou all so much for the replies. I have spoken to the council and asked for head of revenues, he wasnt available but the lady took my details and said he would contact me on monday when he is back in the office.

 

That still doesnt help my situation, bailiff said he will call before 5pm so just waiting his call... really hope he gives in and sends it back to the office. This is totally stressing me out(I have a major pregnancy complication which means I am meant to be taking things easy to prevent premature labour) I thought I was now on top of things as this is the very last debt to pay off (which I have been doing!) and then i'm debt free.

[i hate bailiffs]

If he comes ignore the door if need be all he can do is push a note through door if you have a car garage it or move it off drive to prevent him a levy

[caledfwlch]

Don't let him in. As I understand it, even with a Levy, for council tax, he will still need a Warrant of Entry to force an entry, and the experts round here say those are rarely granted.

[brassnecked]

Don't let him in. As I understand it, even with a Levy, for council tax, he will still need a Warrant of Entry to force an entry, and the experts round here say those are rarely granted.

He cannot break in whatever threats and bluster he shouts, he cannot bring locksmiths have the RSPCA take the dogs, armed police or anything, he is powerless if he has nothing to levy. As you are vulnerable he shouldn't even be in the picture.

[qwerty12345]

Thank you again for the replies. Well 5pm came and went, he didn't phone, I phoned him and no answer. I hope they don't work weekends so I can at least sort this out on Monday morning!

I' am hoping that seeing as as soon as I reminded him that I am pregnant (even though it is obvious) he budged from giving me no time at all to giving me until 5pm and now longer, that he realises they can't bully me into paying what I can't afford.

[i hate bailiffs]

Thank you again for the replies. Well 5pm came and went, he didn't phone, I phoned him and no answer. I hope they don't work weekends so I can at least sort this out on Monday morning!

I' am hoping that seeing as as soon as I reminded him that I am pregnant (even though it is obvious) he budged from giving me no time at all to giving me until 5pm and now longer, that he realises they can't bully me into paying what I can't afford.

 

 

stay off phone to bailiffs they will lie and cheat there way in deal direct with council

 

They may work tomorrow lets hope he has had a hard week and has weekend off

 

There is NOTHING they can do if they do attend

[brassnecked]

Only phone a bailiff if you can record the call, as he cannot see truth even when it smacks him across the chops with a wet mackrel. He can call anytime from 5:00 am until 9:00 pm today, but not Sunday.

 

If you move any car away, and keep him out he can do sweet FA. If you can film him from an upstairs window or through the letterbox to capture any threats of police locksmiths etc it would be good, there is no law to sat you cannot film him, no matter what drivel he spouts about his permission or human rights, he is a liar who is stitching himself up like a kipper.

[qwerty12345]

Hi,

Well today I have had a voicemail left for me by the bailiff asking if I had sorted the money out before he reattends my property.

I have spoken to the council for which this debt is owed, they have put all action on hold with the bailiffs for 7 days and I am to email in details of why I think no further action should be taken by the bailiffs. I was going to explain in the email how I am paying regularly on time- that being the main reason why bailiff action should cease...would this be enough to put in writing or do I need to say anything else?

 

Also, I have the original document from the first visit which details the items they levied and also a breakdown of costs...can someone confirm that these costs are allowed please....

 

Attendance on 21/09/11

Council tax & court costs £582.31

Attendance to levy fee £24.50

Levy fee £44.00

Walking possession fee £12.00

Redemption of goods fee £24.50

Total £687.31

 

Minus 7 payments of £35 = £245

 

New total £442.31

 

Then on friday the bailiff charged £180 fee for his visit making the total (in their eyes, not by my reckoning!!!) now to £657.31

[qwerty12345]

Anyone? Sorry I'm just eager to send this email to the council sooner rather than later.

[Leakie]

bump

[tinafromeast]

Bless you! You SHOULD NOT be under this kind of stress! Wish I could give some advice, rather than just be bl**dy angry on your behalf:mad2:

 

I'm bumping this so somebody can help this poor lady.

[qwerty12345]

Since my last post I have emailed the council with details of why I want the debt returned to them, so far I have heard nothing either from the council or b&s...

[i hate bailiffs]

if the council are not taking this seriously which knowing them probably not,have you raised a formal complaint with the council??

 

may be time to take it further and go to local government ombudsmen

 

contact your MP they will fight the council for you

 

Bailiff action should of stopped by now but may be at the point where bailiffs give up and hand it back to council as they know there is nothing they can do

[qwerty12345]

Thanks for the reply, maybe a silly question but with the debt the council is owed to being the other side of the country as I have moved, do I still contact my local mp?

[i hate bailiffs]

???i don't see that it can do any harm they are there for the people worth a try??