Bailiff Help

[Woodi79]

Posting a thread in the hope that someone may be able to assist in any way.

 

Spoke to a bailiff today, outside my property. She handed me two notice letters for attending to remove goods for 2 outstanding council tax debts and two letters saying 'removal/committal to prison action pending regarding two more outstanding council tax debts. I told her I have just lost my job and she said discuss it with your wife and ring me tommorow.

 

I lost my job just before christmas and my wife is working on average 16 hours a week. As yet we have no firm financial income as we are awaiting the outcome of benefit applications. I understand I do not have to speak to them on the phone and to keep my doors/windows locked, but I need help with how and who I can deal with this. I have looked into this and am I right in thinking I should start making payments directly to the council?? Ask them to take all the debts back and combine them?? Will this stop the bailiffs??

 

Now yes I do owe on 4 different debts and yes I am stupid for not keeping up various repayment plans and letting things spiral out of control. I am just looking for any advice/letters I can use to help me out of this sticky mess.Many thanks in advance

[tomtubby]

The most important thing to remember is that you should NOT allow a bailiff into your home. Do you have a car and was the car outside of the property when the bailiff attended?

 

Was a levy made on the car?

 

Call the council to get confirmation of the amount of each Liability Order.

 

When you have the information see what charges have been applied by the company and post back.

Edited January 14, 2013 by tomtubby

[Woodi79]

Wife has car at work at moment.Am I right in thinking they can levy the car but it isn't enforcable unless I sign a form?

All letters were on council headed paper so I assume they are counicl bailiffs???

-£192.01

-£232.21

-£381.53

-£287

These are the amounts on the letters so I guess these are not the actual liability amounts?

[i hate bailiffs]

You need to get the correct amount owing from the council

all payments can be made direct to the council weekly is good to stack up payment history

 

Dont worry about committal to prison rubbish from the bailiff as that will not happen

there is no right of entry for bailiffs and they can not force entry

 

they can levy on goods outside so the car is at risk if they not already got a levy on it

[Woodi79]

Just emailed them requesting details, many thanks for all your replies. I have dealt with these before but got a shock today!!! Going to start making payments as soon as I know the actual amounts direct to council, not sure how much yet as our financial situation is a little messy at the moment.

Any ideas on how to hold back the bailiffs till I start payments???

 

I always thought that a levy on any goods inside or out was only enforcable if it was signed? If it was not signed by myself or my wife and the car was subsequently clamped, is it not perfectly legal to remove the clamp?

[ploddertom]

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

8 - the dates & amounts of any payments

[ploddertom]

 

I always thought that a levy on any goods inside or out was only enforcable if it was signed? If it was not signed by myself or my wife and the car was subsequently clamped, is it not perfectly legal to remove the clamp?

 

A signature permits themto charge another fee. A levy does not have to be signed to make it valid.

[Woodi79]

Thanks, have emailed both the council and bailliffs requesting information. Also emailed council asking to combine debts and take them back from bailiffs, worth a try! I know I dont have to let them in, just hope they dont take my wifes car, we live in north wales and she needs it to get to work and stuff, cheaper than public transport.

[brassnecked]

What bailiffs are these?

[Woodi79]

Not sure, I live in the Conwy district but the letters have both Conwy and Denbighshire heading on them. I presume they are bailiffs employed by the council???The contact number is a mobile but the email is [email protected].

[brassnecked]

Not sure, I live in the Conwy district but the letters have both Conwy and Denbighshire heading on them. I presume they are bailiffs employed by the council???The contact number is a mobile but the email is [email protected].

 

Could be, Conwy have used Excel Enforcement of Conway Road Colwyn Bay, but have been pooling services with Denbighshire Council, so they could be in house.

 

I have some contacts in Conwy CC so will make enquiries as to who is doing enforcement for Conwy and post back. Either way make an offer of payment direct, and wherever the bailiff is from, you do not have to let them in, and try to hide the car.

[sgtbush]

the best thing you can do is actuall have a hearing so you can explain your finances to the court, in the mean time make some form of regular payments to the council directly online, they cannot refuse this, what this shows the court is that your trying to pay rather than avoiding to pay, this makes the difference coz you can be sent to prison for non payment, but if your trying to pay and making some form of payments then they will not do this

 

on the subject of levy,

the form does not need to be signed and as its your wifes car it is seizable as joint property

[Woodi79]

Just been doing some research, long shot maybe but because I have recently been made unemployed (28th December 2012) would I not now come under the 'vulnerable' class and the council has to take my debts back? Wife working but only 16 hours a week and shes not had her first wage yet.

Also read that you can legally remove a wheel clamp if the levy is abandoned???

[Woodi79]

Also, does it matter where the car is parked? We have a driveway at the side of our house that goes through to the back, thinking of parking it at side of house behind closed gates, will still be visible as gates are only about 4 feet high!! Grasping at straws!

[ploddertom]

If you have a car that is at risk of seizure/removal you need to park it well away from your house - a good 10 minute walk away is ideal and vary the place each time. Parked on your own drive is an open invitation.

 

If the vehicle has not been levied on then it is yours to do with as you wish.

[Woodi79]

In response to ploddertoms earlier post I emailed the council and this is the reply i got.

 

Dear Sir,

 

Further to your email below, please find the requested information

 

Liability Order granted - 16/02/2010

Original amount - £479.00

Current balance - £99.01

Period of debt - 05/06/2009 - 01/04//2010

Debt address, - *****

Passed to bailiff - 24/06/2011

 

 

Liability Order granted - 07/06/2011

Original amount - £253.21

Current balance - £243.21

Period of debt - 01/04/2010 - 01/04/2011

Debt address - *****

Passed to bailiff - 30/06/2011

 

 

Liability order granted - 05/07/2011

Original balance - £905.49

Current balance - £210.00

Period of debt - 01/04/2011 - 01/04/2012

Debt address - *****

Passed to bailiff - 26/08/2012

 

Liability Order granted - 02/07/2012

Original amount - £955.73

Current balance - £300.53

Period of debt - 01/04/2012 - 05/07/2012

Debt address - *****

Passed to bailiff - 25/07/2012

 

Details of all payments on each of the above have been sent by 1st class post today.

 

Denbighshire bailiffs will be responding to the email sent to them in due course but if you wish to contact them in the meantime the office telephone number is *****

 

I have noted the comments made regarding your current situation but unfortunately, I am unabble to request the bailiff return the Liability Orders as they have been passed over correctly and the bailiff has a procedure to follow. Please contact them on the above telephone number to discuss a suitable payment arrangement.

 

I trust this clarifies the situation.

 

So im just wating for details from the bailiffs regarding their charges on the debts.

I requested in my email that the council take my debts back and maybe combine them due to our current financial postion (me no job, wife working about 16 hours a week, waiting on benefit decisions), but they claim they cannot do this. I refuse to deal with the bailiff as I know they are un co-operative.

So what can I do? Any ideas greatly appreciated, thanks

[wonkeydonkey]

Without doubt ..if you attempt to negotiate a repayment plan with the bailiff you will be coerced to agreeing a stupid amount that you simply cannot afford and you will be forced to decide if you eat and stay warm or default on any agreement you made.

 

Once you default the bailiffs will then start adding fees for anything they think they can get away with. At the moment you appear to owe approx £850 excluding any lawful bailiff fees. Work out what you can be seen on paper to be able to reasonably afford, if that is only £1-£5 a week submit this to the bailiffs as your proposed payment plan. They will refuse it....you then write to the Council telling them their appointed agents have refused your offer to payments that would satisfy the debt and that you will be making the proposed amount direct to them every eg: every Monday until such time the debt is satisfied. Make sure you stick to the amount you proposed even if that means doing without the egg from a diet of egg chips and beans....start the payments as soon as you can while waiting for a reply.

 

Doing this creates a history to show you are not a deliberate 'wont pay' and the Council will experience great difficulty taking the matter to the next level and applying for committal.

[Woodi79]

Thanks, paid £2 off each yesterday direct to council. Emailed bailiff(copy to council) outlining my proposal to continue with these payments. Awaiting reply...

[Woodi79]

Further to my request to the bailiffs for inormation regarding charges and offer of payment, this is the reply (names have been edited to protect identity!!!):.......

 

 

Dear Mr Woodi79

 

Thank you for your recent correspondence, the contents of which have been noted.

 

Please find below the information you requested:

 

70025703045

This is currently out with our Bailiff 2. Please contact Bailiff 2 to discuss repayment.

 

70025703037

This is currently out with our Bailiff 2. Please contact Bailiff 2 to discuss repayment.

 

70025703029

Visited by Bailiff 1 on 2 occasions on the 8/2/12. £39 fees. This is currently out with our Bailiff 2. Please contact Bailiff 2 to discuss repayment.

 

70025703010

Visited by bailiff 1 on 2 occasions on the 8/2/12. £39 fees. This is currently out with our Bailiff 2. Please contact Bailiff 2 to discuss repayment.

 

Bailiff 2 was certified at Caernarfon Court, and granted certification at Llangefni Court on the 20th May 2012.

Bailiff 1 was certified and granted certification at Caernarfon Court on the 15th August 2011.

 

 

We have been instructed by Conwy Council to continue proceedings to recover these debts. Any arrangements can only be made with our Bailiffs. Please be advised that all your accounts are out with our Bailiff 2, and there may be additional fees that she has charged. I advise you to contact Bailiff 2 on **************

 

.........

So basically there is no way I can contact any bailiff or office for the bailiff by email or post as they are saying I can only sort it out by contacting the bailiff on the mobile number on the letter. I will be sending my offer of payment to denbighshire council office, revenues department by post F.A.O. Bailiff 2, who as BRASSNECKED suggested have pooled their 'in house' bailiffs with Conwy council.

In the meantime I am planning to continue my payments direct to the council, but i'm not sure about the amounts on the letters. Bailiffs claim I owe just over £1000 and only claim to have added fees of £78, but the actual amounts from the council are approx. £850. Could it be that the bailiffs have amounts prior to any payments made or that they have added extra costs but not stated that to me???

[ploddertom]

I would make a written complaint to the Council about the Bailiffs being obstructive by not providing the details asked for. It is simply not good enough for them to have given the answers they have. The Council are responsible for the actions & charges of their Bailiffs and you are now looking to them to provide the information you requested.

[brassnecked]

I would make a written complaint to the Council about the Bailiffs being obstructive by not providing the details asked for. It is simply not good enough for them to have given the answers they have. The Council are responsible for the actions & charges of their Bailiffs and you are now looking to them to provide the information you requested.

 

Conwy County council are a shocking council, they tried to do a shared service agreement where they shared functions of mutual benefit with Denbighshire, including use of denbighshires in house bailiffs in Conwy but not an amalgamation and it has gone t1t*up with no one knowing what is shared and what is not, and I don't doubt that enforcement and revenues is borked. They were at one time using Excel. see this link for an FOI on Conwy.:

 

http://www.whatdotheyknow.com/request/foi_request_for_bailiffs_and_cou_2

 

 

Send a Formal complaint to the CEO, Iwan Davies and the Leader, Cllr Dilwyn Roberts both at Conwy County Borough Council, Bodlondeb, Conwy, North Wales, LL32 8DU

[Woodi79]

Advice again please!!!

Sorry brassnecked, not got round to complaints letters yet!

 

Received letter from council today, basically the debts have been passed back to the council, thanks to all your help!! However the letter says they will apply for a commitment to prison if full amount is not received within 7 dyas, OR ring to discuss an arrangement.

 

I have taken the advice of making regular low payments(of what I can afford) since starting the thread and have sent letters of said payments and an offer but no reply.

Should I ring and try to discuss? Do I fill out the liability questionaire?

Just got a feeling I'm not going to get anywhere on phone and they will reject any offer I make. Cheers!!!

[ploddertom]

Advice again please!!!

Sorry brassnecked, not got round to complaints letters yet!

 

Received letter from council today, basically the debts have been passed back to the council, thanks to all your help!! However the letter says they will apply for a commitment to prison if full amount is not received within 7 dyas, OR ring to discuss an arrangement.

 

I have taken the advice of making regular low payments(of what I can afford) since starting the thread and have sent letters of said payments and an offer but no reply.

Should I ring and try to discuss? Do I fill out the liability questionaire? What are they wanting to know?

Just got a feeling I'm not going to get anywhere on phone and they will reject any offer I make. Cheers!!!

 

I agree they will probably try to browbeat you on the phone but suggest you contact them anyway - that way they cannot say you refused to contact them. Make sure you get the name of who you speak to and what their position is.

[Woodi79]

Thanks,your right no harm in trying I suppose, will post back when I have made contact.

[i hate bailiffs]

[quote=Woodi79;4138438 However the letter says they will apply for a commitment to prison if full amount is not received within 7 dyas, OR ring to discuss an arrangement.

 

 

The council are saying that? normally that is bailiffs words

They make there own rules up you wont go to prison for falling on hard times

Have you written to your local MP

 

Should it go to a hearing remember that the judge could remit part or all the debt