bailiff return visit

[dean50]

bailiff is coming back tomorrow 11am demanding 774 pounds, as i lost my job two weeks before xmas i missed 1 payment, he said if i dont pay they will come in and take my goods {bristow & sutor} can they do this? very worried

[i hate bailiffs]

what is the debt for bailiffs lie

 

More details please have they a levy

[dean50]

hi, the debt is council tax. we had an agreement with the debt peoplewhich we couldn't afford so a bailiff came round and made us a new more affordable agreement and took the details of our goods for possession. About two weeks later, the company sent us a letter to say that due to an administration error, they hadn't charged us enough and were increasing the repayments. We made the first payment in November but didn't pay the December one. we were just about to pay the original amount when the bailiff came round tonight. he says he wants at east half by 11 am tomorrow. we have £320 to last until my wife gets paid on 28th January so will not be able to even put electric on the meter if we pay him. The bailiff says that unless we pay what he wants, he will force his way in and take our possessions.

[brassnecked]

What council and bailiffs are these please?

as the council

How many liability orders they have for you

How much on each

When were they obtained

When were they passed to the bailiffs for enforcement

 

you will also need to send the Acme letter to the bailiffs for a breakdown of fees

 

Are you wholly reliant on benefits? if so you could well be vulnerable under the National Standards, and a bailiff should not be involved at all.

 

Acme "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"

 

If the bailiff has no levy he cannot force his way in whatever the muppet claims, even with a levy he cannot do that without an express permission from the council, and notification in writing to you giving a date and time for attendance.

 

Has the bailiff been allowed in to list your goods?

[i hate bailiffs]

the bailiff will not be able to force entry no locksmith no police

What items on the levy

 

Relax even with a levy they cant force entry at this point

[dean50]

hi, the levy is on tv & dvd player only.

[i hate bailiffs]

hi, the levy is on tv & dvd player only.

 

If they were ever going to take goods that is all they could take That would not cover the debt by a long way it has been done to gain considerable fees to the bailiff

 

If the bailiff comes back you do not need to speak to him they cant push past you force there way in or any other dribble they come out with

There will be no arrest or prison either

 

Formal complaint to council and copy in local MP

Make payments direct to council using correct reference number

[dean50]

hi again, bristow & sutor have added 130 pounds to the bill for tonights call, is that acceptable?. if i am not in can they break in?.

[i hate bailiffs]

hi again, bristow & sutor have added 130 pounds to the bill for tonights call, is that acceptable?. if i am not in can they break in?.

 

I expect that will be a van fee it is not acceptable to pick up the goods they have a levy on worth 100 quid if they lucky

 

They can NOT break in get a locksmith call the police or any dribble they spout

[dean50]

hi, one last point, should i pay them anything?.

[i hate bailiffs]

hi, one last point, should i pay them anything?.

 

if you are going to pay do it direct to the COUNCIL

There will be bailiffs fees to consider later

 

if you pay anything to the bailiffs they will keep it to cover there fees so don't fall for them

[brassnecked]

You should challenge the levy via a Formal complaint as it is for insufficient goods, and you suspect merely to garner fees for the bailiff, You could mentuion that they (the council) may find themselves as defendanta in a Regulaton 46 Complaint as you are aggrieved by the levy of their agent Bristols & Stupid, which as it is on insufficient goods it can only be to garner fees for the bailiff.

[dean50]

hi one last thing, does it being a priority debt change things?

[brassnecked]

hi one last thing, does it being a priority debt change things?

You should offer the council a payment that you can afford to keep up regularly, as council tax is a priority debt.

[RaeUK]

And don't forget to mention you're currently unemployed ...

[dean50]

i have just spoken to the bailiff on the phone and he says that he is a certified bailiff and he is going to get a locksmith and come into our house in about an hour to take our possessions. we have tried speaking to the council but they are closed on a Wednesday. he is insisting that we give him all the money we have. if we do that we will not be able to put money on the electric meter or feed our two children until the end of the month.

[seanamarts]

Dont let him in, dont speak with him at all from now on.

 

He has made an invalid levy.

 

He needs to get permission from the council for him to break in and he wont get that today.

 

You have only missed one payment. I suggest you pay what you can using the on line payment facility on your council's website.

 

Try calling your local councillor or MP and see if they will get involved.

 

Keep all windows and doors locked and or bolted.

 

Please keep us up dated.

[ploddertom]

I'll echo what Seanamarts says. He is saying this to pile the pressure on. Whatever happens when he calls do not allow him in, speak through the letterbox or from an upstairs window, if possible try & record any conversation & make sure he knows you are doing so, the chances are his attitude may well change.

[dean50]

could he have a warrant already or does he have to get it signed by the council or a magistrate?

[seanamarts]

I am sure I am correct when saying this, but they have to give you written notice to state that they are coming with a lock smith to enter your property. So I doubt very much that they will have a warrant.

[ploddertom]

I wrote this on another thread last night. The same applies to you.

 

"Following a return visit by a bailiff who has previously obtained a valid levy on goods you may indeed refuse him entry. He will inform you he is going to force entry by obtaining a locksmith & Police to assist, he will no doubt make a phone call to which you will hear one side of the converation which may include any of the following;

a - yes, please be here within an hour

b - I will need 2 vans

c - he has refused me entry

+ any number of different variations. The chances are if he has made a call it will be to the Speaking Clock, his deaf granny or more likely his battery is flat and he is pretending. One thing he has neglected to tell you however is the following:

1 - he usually needs the permission of the Council to both remove goods and/or force entry - and if they agree

2 - he needs to go back to Court for an Order allowing him to force entry - very rarely given - and if they agree

3 - he must write to you giving a time & date when he is coming

4 - if he then comes and you refuse him entry he may then force entry.

 

Remember he as already admitted there are insufficient goods so maybe you should ask him to return this to the Council as Nulla Bono"

[dean50]

what happens if bailiff has got a signed warrant and all paperwork in order?

[seanamarts]

I doubt very much he has because of the value of the levy he made. if thats all he is breaking in for then a formal complaint and possible form 4 could be issued.

 

He would be risking his certificate and his job.

[dean50]

what is a form 4?

[seanamarts]

It is a complaint to the court where the bailiff had his certificate granted.