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]I was in arreas with my Council Tax (with Hammersmith & Fulham borough), due to late and non-payments and my account was passed to the Magistrates Court who issued a Liability Order, and have now passed my account to Whyte & Co Bailiffs (WC).

 

I received the attached letter from WC which states that my case has been referred to the bailiff who will be calling me shortly. And that I am therefore adviced to contact the bailiff directly to discuss the matter (name of bailiff and mobile number has been given on the letter). The letter further states that failure to contact the bailiff will result into further visits to my address and could result in the removal of goods to satisfy the debt due. [ATTACH]40897[/ATTACH

 

I have checked on WC's website by putting in the Case ID number (which was quoted on the letter) along with my council tax reference number. It states that I owe £1,862.74 and that I must contact the bailiff directly to set up payment arrangements.

 

What I need advice on:

 

1 - I want to set up an instalment plan to pay £50 monthly (until the debt clears), however I do not want to contact the bailiff as I have read and understand that he will want to enter my home and demand that I sign into a Walking Possession Order.

 

2 - What should I do? Should I telephone the main WC office and if I can set up a payment plan? Or should I write them instead?

 

3 - Is there a way that I can get the debt transferred back to the local authority and set up a payment plan with them instead?

 

Please help I'm so worried that I will get another letter or worse a visit as I know that each step the bailiff takes means that they are adding more charges.

Edited by Hammersmith w6

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Hi and welcome to CAG.

 

I am going to move this thread to the bailiff forum, there you will get a better response from knowledgeable members.

 

Regards

 

seanamarts

 

Site Team

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Im afraid I have had to unapprove your attached file as it still has the name and number of the bailiff, please can you amend the file taking out all personal info. thank you.

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Just out of interest, is there any particular reason why you think the council should take the case back? And, without wishing to pry, was there any specific reason arrears built up? ...

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1 - I want to set up an instalment plan to pay £50 monthly (until the debt clears), however I do not want to contact the bailiff as I have read and understand that he will want to enter my home and demand that I sign into a Walking Possession Order.

 

There is nothing stopping you at all paying the council, you can do this via the council's payment facility on line, just use your ref no; for the year that you are in debt with. As it is such a large amount I would try and pay a little more if you can afford this, I would then contact the council, in writing to let them know that this is what you are doing. Is this the current year 12/13 that you owe this amount on or is this an accumulation of a few years that you owe

 

2 - What should I do? Should I telephone the main WC office and if I can set up a payment plan? Or should I write them instead? answered above

 

3 - Is there a way that I can get the debt transferred back to the local authority and set up a payment plan with them instead? Not unless the bailiff passed it back or the council found that the bailiff had done something wrong. Its unlikely at this stage

 

Please help I'm so worried that I will get another letter or worse a visit as I know that each step the bailiff takes means that they are adding more charges.

 

You do not have to speak to the bailiff, you do not have to let the bailiff into your home. The bailiff cannot break in, send you to prison or have you arrested. Just dont answer the door, dont call them either. Always communicate with the council and preferably with benefits and revenue department.

 

Hope that helps. Any more questions just ask. :)

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I had so much other debts and I fell behind, the debts relates back to previous years which have now been added together.

I would like the council to take it as they wouldn't accept my additional offer to make a payment plan that I could realistically afford. They said that in order for them to accept my reduced payment plan offer I would have to go to the Citizens Advice Bureau and get them to write me a letter and they gave me 7 days to so. I was unable to make an appointment within the 7 days.

 

I would prefer to deal directly with the council instead of the bailiffs as I will not incur further charges and threats.

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No worries, I can understand that entirely. I presume that all in the household are employed and in good health? ...

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Please do try and go to the CAB, it still may help in the long run. You can also speak to the local councillor and your MP, they may be able to help get this back with the council.

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Just to clarify: I will pay the Council a total of of £140 monthly (this includes £90 for the actual council due for the rest of the financial year 12/13).

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No worries. I'm just fishing for extenuating circumstances that may help you get the case back to the council easier. Do follow seanamarts advice.

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Have you applied for any Single Occupier discount, usually 25%? If not why not bang a retrospective claim in


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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


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Hammersmith w6, I am sorry to say that you virtually cannot avoid incurring charges from the bailiff. Even if you deal direct with the Council, the bailiffs will try and levy plus they can charge you

for a maximum of two visits regardless of how often they come. They will try and get in your property or levy on your car or any garden furniture left outside. So if you have a car move it well

away from your home and ensure that there is nothing in your garden that they can levy on. [The charges for both visits come to £42.50].

 

Be prepared to get more than just two visits for the bailiffs. They will post through all sorts of documents which are meant to put the fear of God into you. EG they are coming back with the police

or a locksmith to break in or they are coming with a van to remove all your goods whether you are there or not. Ignore them -they are empty threats. Just do not open your door to them.

And if you get worried by these notices, come on here and one of us will confirm that they cannot do anything. Just keep paying the Council.

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It is ALWAYS the case that a letter should be sent to the bailiff company and copied to the council. Unless there is a "paper trail" there is no proof of a payment proposal being made etc. The following is a very rough draft that can be changed or amended as you wish:

 

 

.

 

Dear Sir,

Re: Reference number:

 

I am writing in connection with the above account that relates to a Liability Order for £1,862 that has been passed to your company by London Borough of Hammersmith and Fulham.

 

I would like to advise you that I cannot pay this debt in full at this present time and the reason for this is because xxxx ( provide your reason etc). I have serious financial difficulties and for this reason the maximum that I can currently afford to repay is just £50 per month.

 

Whilst writing could you please note that I will not allow a bailiff to have peaceful entry into my home. The reason for this is because, if I allow a bailiff into my home this will incur me in significant bailiff fees that I would be unable to afford. It is my understanding that without a levy being made upon my goods that the fees charged by your company are limited to £42.50. Furthermore, I am of the opinion that all payments should go towards clearing my debt to the council.

 

Please also note that I am a single person and that I live on my own. I do not have car. If you are unwilling to accept the above payment proposal could you please return the account to Hammersmith & Fulham and I will contact them direct regarding a payment proposal.

 

A copy of this letter is being sent to the council tax recovery department at Hammersmith & Fulham.

 

Yours faithfully

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It is ALWAYS the case that a letter should be sent to the bailiff company and copied to the council. Unless there is a "paper trail" there is no proof of a payment proposal being made etc. The following is a very rough draft that can be changed or amended as you wish:

 

 

.

 

Dear Sir,

Re: Reference number:

 

I am writing in connection with the above account that relates to a Liability Order for £1,862 that has been passed to your company by London Borough of Hammersmith and Fulham.

 

I would like to advise you that I cannot pay this debt in full at this present time and the reason for this is because xxxx ( provide your reason etc). I have serious financial difficulties and for this reason the maximum that I can currently afford to repay is just £50 per month.

 

Whilst writing could you please note that I will not allow a bailiff to have peaceful entry into my home. The reason for this is because, if I allow a bailiff into my home this will incur me in significant bailiff fees that I would be unable to afford. It is my understanding that without a levy being made upon my goods that the fees charged by your company are limited to £42.50. Furthermore, I am of the opinion that all payments should go towards clearing my debt to the council.

 

Please also note that I am a single person and that I live on my own. I do not have car. If you are unwilling to accept the above payment proposal could you please return the account to Hammersmith & Fulham and I will contact them direct regarding a payment proposal.

 

A copy of this letter is being sent to the council tax recovery department at Hammersmith & Fulham.

 

Yours faithfully

 

I am going to see the Council tomorrow to get a statement of my account, liability orders etc and book another appoint for the Citizens Advice Bureau.I will write up the letter tonight (re: payment offer as above or below not sure which).I do own a car which I park around 500 yards from my house (around the corner), is that far enough?Also should I omit that line about 'not owning a car'? I have a car permit and my details are registered with the Council, is this something that they can find out from the council?

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Just take the reference to the car out and make sure that your car is not near your home.

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I received a hand delivered letter today, it was there when I came home from work.

 

It's a Notification of Intended Seizure. Whyte & Co have added the additional costs see below:

 

Amount: £1,765.24

Attendance fee £24.50

Distrant fee: £73.00

Walking possession: £12.00

Total: £1,874.74

 

I have used the letter template kindly given by Cagger, which I have emailed (tonight), and will fax them tomorrow from the local news agent.

 

I am going to the Citizens Advice tomorrow (hopefully I will be seen). Then I am going to the council.

 

I will keep everyone posted with my progress.

 

Many thanks for everyones assistance so far.

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tomtubby, that's a very elegant letter.

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I received a hand delivered letter today, it was there when I came home from work.

 

It's a Notification of Intended Seizure. Whyte & Co have added the additional costs see below:

 

Amount: £1,765.24

Attendance fee £24.50

Distrant fee: £73.00 What goods have they levied distress on?

Walking possession: £12.00

Total: £1,874.74

 

I have used the letter template kindly given by Cagger, which I have emailed (tonight), and will fax them tomorrow from the local news agent.

 

I am going to the Citizens Advice tomorrow (hopefully I will be seen). Then I am going to the council.

 

I will keep everyone posted with my progress.

 

Many thanks for everyones assistance so far.

 

Have they left a notice of seizure listing goods? No levy, then if it is the first visit, they can only have the £24.50.


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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Distrant fee: £73.00

Walking possession: £12.00

 

??

 

Have they been in your property and levied at any stage.

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If they have NOT been in the property and listed goods, then the distraint fee and levy fee are invalid. Have they seized a car?


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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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I received the following email from Whyte & Co today. What should I reply back:

 

Thank you for your email.

 

Now that your case has been referred to us for bailiff action, we can only enter into a payment arrangement following a bailiff visit to assess the situation.

 

We will need to levy distress (legally seize goods) and enter into a walking possession agreement. This means that providing you maintain the payment arrangement, no further action will be taken, but if you default the goods that have been seized are liable to be removed and sold to discharge the debt.

 

You should contact this office to make an appointment for a bailiff to visit. If you do not contact us bailiff action will continue anyway and you are liable to incur higher charges as a result.

 

Regards,

Whyte & Co.

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