Help,bailiff

[twiceshy]

Hi

 

I am new to this forum and first time posting. So my back ground. I am a single mother of four children. I was working full time from 1999 until August 2011 when I was made redundant has an administrator. I was on JSA for 2 weeks when I decided to go self employed. I knew I would not be able to claim a wage for a long time but eventually would be able to get a part-time wage then maybe more.

 

When I claimed JSA they made a claim for council tax benefit for me and when I went self employed I also informed the council about this and my non earnings.

I sent in all relevent documents to the council yet in December 2011 I recieved a letter from the council saying they have taken me to court and obtained a LO. Sent to Rossendale.

 

I phoned the council and they put a hold on the bailiffs and asked me for more information. I sent in the information and in March 2012 they requested more information which I took in personally to their office. I did not hear anything else for a few months so I wrote to them asking why this application was taking so long (sent recorded delivery ). I did not hear anything until September 2012!!!! When they sent me a new application form out and asked me to fill it out and ask it to be back dated!!!!

 

On 28th September 2012 a bailiff came whilst I was out giving me a final notice ect ect ect so I came straight on this group and looked for about 20 hours over the weekend to find out my rights and I am so glad I did. The first thing is he has charged me £1004.35 for a 743.28 debt for his first visit. This LO was from August 2011 (before that I was earning and paying council tax).From reading these forums I was not letting him in so decided to write a letter to the bailiff and leave it pinned to my door for him to collect. I wrote him the 'I know my rights ' template letter and also the 'over charging' letter. I also sent a copy of these letters, with a cover note to my Mp, the council and his employer.

 

This was last friday and he said he would be calling in 24 hours (saturday). Even though I knew my rights me and the kids went into hiding all weekend and relaxed on sunday when I knew he could not call.

 

I knew there was another LO coming for this years council tax and yesturday (wednesday) I got another call from the bailff when I was in. I did not open the door and told him to take the letter and he did and went away posting a notice. After reading all my rights and complaint letters he came back with a letter of repayment and only charged me £24.50 for his visit.This was a different bailiff.

 

I am thinking of seeking help about going back on JSA has the business is still not making enough money for me to take a wage and in the last month I have applied for over 60 jobs.I am not idle by any means.

 

My question is how long do I have to stay in hiding? The council say I have to wait for a month for my application to be looked at. I have not ate since last friday and feel sick every time the door gets knocked on. Its affecting the whole family.

 

Any help would be gratefully recieved.

 

Kind regards

Edited October 4, 2012 by citizenB
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[honeybee13]

Hello and welcome to CAG.

 

I'll move your thread to the bailiffs forum and leave you a redirect link from this one. I hope you get the help you need.

 

My best, HB

[twiceshy]

Thank you very very much x

[ploddertom]

Are you saying the Council have still not sorted out your Benefit application despite it being a year or so since you applied, have they given a reason for this? Is it possible you can tell us which Council this is?

[twiceshy]

Hi

Thanks for your reply, the council are aware that I claimed after all the lady at the JSA applied for me. They said that they did not recieve the paperwork that I took in! They already had my bank statements ect proving my income so knew I would be entitled to council tax benefit. I have always complied with time scales. The bailiff is charging me approx £280 for his first visit!

[twiceshy]

Mansfield District Council

[ploddertom]

His fees are wrong but we'll tackle that later, the most important thing is NOT to allow him entry. If you have a car then you should move it NOW to a good 10 minute walk away.

[twiceshy]

I have read the help on bailiffs and will not let him in and the kids are also aware. The car is parked out of the way. I have written to the Mp. I cant beleive it will take the council another month to sort this, they say they have a back log.

[Ell-enn]

I think you should write a letter to the council headed "Formal Complaint" - take it into the council offices with a copy and ask them to sign the copy to say they have received it. While you have a formal complaint lodged they have to stop all bailiff action while it is investigated. If you need help with the letter please let me know.

 

This is from Mansfield Council's website:

"Our formal complaint procedure has two steps. Step One is a complaint to the head of the relevant department, or nominated officer. Please use the complaint form available on the link to the right of this page, which shows all the information we need. However, you can also write to us, or email your complaint details. If you would prefer a printed complaint form, please contact us to request one, or pick one up from one of our offices. When we receive the form we will send you an acknowledgement letter and investigate the complaint. We aim to reply in full within 15 working days. If we cannot reply within 15 working days, we will keep you informed on the progress of your complaint. If you are not satisfied with our response, you can progress the matter to Step Two by writing to our Managing Director, who will acknowledge your complaint and respond within 15 working days, or keep you informed of progress. "

 

You should go straight to step 2 - the managing director's name is Ruth Marlow

[twiceshy]

Hi

Thanks for your reply,

I wrote a letter of complaint and took it in on Monday and got a reciept for it (I did not know you got reciepts for paperwork or I would have asked for one when I took the document in back in April. However they have not stopped bailiff action has one turned up yesturday. Has a gesture of good will I offered the bailiff £10 a week , should I have done this?

[Ell-enn]

Did you head the letter "Formal Complaint" and address it to the managing director ?

[brassnecked]

Hi

Thanks for your reply,

I wrote a letter of complaint and took it in on Monday and got a reciept for it (I did not know you got reciepts for paperwork or I would have asked for one when I took the document in back in April. However they have not stopped bailiff action has one turned up yesturday. Has a gesture of good will I offered the bailiff £10 a week , should I have done this?

 

Offer the bailiff diddly squat, as has been said they must call him off whilst the complaint is dealt with, however you can pay the council direct using their online system, and tell them you are doing this in good faith whilst it is sorted, You could also offer the payment over the counter and when they refuse, which is unlawful, get the apparatchik on the desk to sign that they are refusing your payment, it will come in handy when you copy the complaint to your MP

[ploddertom]

Sorry my PC has decided to throw a strop so am about to seriously chastise it.

[twiceshy]

It was a formal template complaint letter so had all the relevent jargon in it. I should not have to pay any council tax but just wanted to show willingness. The letter was just taken into the councils benefit office and I got a reciept . i will phone the council to find out why they will not stop action pending the dispute. Thanks for your replies so far. I am off to work now but will reply to anyone this evening. I will make a donation to the site when I have a bit of spare cash.

Have a good day all

[sillygirl1]

Getting receipts for paperwork from official bodies is a very important weapon as it can show how incompetent the administration (or how overworked) the department is.

 

I've taken docs to my local council offices because I live a 5 minute walk from them, to their consternation, as they say they don't receive post there.... they have now changed their policy (and thankfully their call centre too after complaints).

[twiceshy]

Up date from today. I have spoken to the council and they said that it is not their policy to take back cases or put them on hold whilst there is a formal complaint. She was very rude and constantly talking over me.

 

I then tackled her about the over charging. She persistanly told me that I had to take that up with the bailiff has the council do not interfere with bailiff charges. However I too was persistant in telling her that the bailiffs where working for the council and that they too must allow the over charging. She came back and told me that the rest of the charges where for a van he turned up in. I explained to her AGAIN that he had not entered my house, so no levi was made, thus no charge for a levi or a van.

 

She phoned me back after speaking with the bailiff and he told her he pre-wrote out the summons letter and just posted it through the door when I was not in and did not change the charges. When I spoke to the bailiff after he came he did not mention this to me!!!!

 

I phoned Rossendales and they will take £5 a week until the benefits are sorted and applied to the account. What is getting to me is that it should not have gone to the bailiffs in the first place. If all the benefits are back dated should the bailiff charges be dropped to?

 

Thanks again for any help

[Ell-enn]

You should contact your local MP, the attitude of the council is disgraceful !

[twiceshy]

The recovery section is just like talking to a bailiff with zero help. This will be my forth letter of complaint to the council in a week!!!! I will be coping my Mp into all my complaints from now on

[Ell-enn]

You can make an appointment to see your MP - he/she will have a regular surgery (usually in the evening) - who is your MP ?

 

Is it this guy ? http://www.alanmeale.co.uk/contact.html

[brassnecked]

You should contact your local MP, the attitude of the council is disgraceful !

Ditto from me, Formal Complaint to MP, as the council don't know their backside from their elbow. I would tell tossendales where to go and pay the council the £5 direct.

[twiceshy]

I can manage the £5 a week and its keeps the bailiff away. Also I had my first meal tonight in a week and parked my car on the drive, I dont feel sick anymore and the kids can play out so that is worth £5 a week.

 

If the council back dates all benefits will this void the LO has no money was owed do you know?

[brassnecked]

I can manage the £5 a week and its keeps the bailiff away. Also I had my first meal tonight in a week and parked my car on the drive, I dont feel sick anymore and the kids can play out so that is worth £5 a week.

 

If the council back dates all benefits will this void the LO has no money was owed do you know?

bailiff will want their fees whatever, and if they should not have sought the Lo as benefits were messed up, the £5 you are paying dossers will be feeding the bailiffs greed for beer tokens, and will go on whateverccharges they will apply. be under no illusion dossendales will try to engineer a default so they can call at 5:30 am and post a levy on your car through the letterbox. If you insist on paying them, make sure you pay 4 days before the due date to allow the payment to clear, otherwise you will be in default by their reckoning. and even though you technically have no arrears, dossers will sting you with fees.

 

Formal Complaint is best way, copy MP in and explain that benefit should clear arrears but Dossers who had the egregious Mr Boast exposed on TV are harassing you.

[twiceshy]

Hi and thanks,

 

I have made a formal complaint which I have been told will take 15 working days to answer me. Believe me if I had a bloke living with me I would have no qualms about not paying them. I have written to my MP regarding the Councils maladministration and the bailiffs so just waiting to hear back from him now.

 

I will pay over the phone to make sure payment is made so no default made. I watched the Rossendale video on you tube and he was a disgrace. I also found some documentation online that states they where looking into revising the bailiffs code of conduct back in Feb this year. But still they will find a way to bully.

 

I am happy that I got this bailiffs £280 quashed within a week has this same bailiff ripped someone I knew off a few years back with a £60 an hour waiting fee whilst she rallied up the money from friends and family to pay him!!!!

[brassnecked]

Hi and thanks,

 

I have made a formal complaint which I have been told will take 15 working days to answer me. Believe me if I had a bloke living with me I would have no qualms about not paying them. I have written to my MP regarding the Councils maladministration and the bailiffs so just waiting to hear back from him now.

 

I will pay over the phone to make sure payment is made so no default made. I watched the Rossendale video on you tube and he was a disgrace. I also found some documentation online that states they where looking into revising the bailiffs code of conduct back in Feb this year. But still they will find a way to bully.

 

I am happy that I got this bailiffs £280 quashed within a week has this same bailiff ripped someone I knew off a few years back with a £60 an hour waiting fee whilst she rallied up the money from friends and family to pay him!!!!

If your friend had kept the paperwork detailing the charges, she could challenge them and get a refund if she applied within 6 years of payment, bailiffs are a blot on a civilised society.

[twiceshy]

I told her to phone them and enquire I was not sure of the time scale involved. If so many people complained about the same bailiff for over charging and harrassing he should be struck off!!! There should be a petition on here for all the different bailiff organisations and everyone should be able to sign it whether a member or not.....this website has a lot of horror stories and these companies should be put to reason