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I have council tax arrears for a number of years and have had attachment of earnings in place. This was supposed to happen again but instead I got a letter from a bailiff wanting to list goods. I want to avoid the listing of goods and make an arrangement.

 

He is due to visit tomorrow, what happens if I refuse him entry without having an arrangement with the council in place?

He did imply that the council will just obtain a warrant and take the goods. And basically I have no choice.

 

I am willing to pay the arrears of course, but I don't want a bailiff in my house. He refused to make an arrangement over the phone.

 

What can I do? I have seen a website that offer a service to stop bailiff action, are they genuine?

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do not let the bailiff in to your property he does not need to come in there is no right of entry

 

do not make arrangements to pay the bailiff any money direct to the council

deny bailiffs a levy if you have a car keep it away to prevent any levy

 

Bailiffs lie there is no locksmith no prison or any other dribble he comes out with

If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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Should I let him know he will not get access? I made the appointment for tomorrow.

Can he use ladders to enter an upstairs window?

I have bolts on my gates and high walls/fences,can he force these or climb over?

I have children so really don't want them to know anything about the bailiff, my wife is ill, not registered disabled or anything but quite immobile at times, I have had to reduce my hours in work a bit to help out.

Is it worth calling the council to try and get an arrangement?

If I make a payment to the council will they be more inclined to call the parasite off?

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I have children so really don't want them to know anything about the bailiff, my wife is ill, not registered disabled or anything but quite immobile at times, I have had to reduce my hours in work a bit to help out.

Is it worth calling the council to try and get an arrangement?

 

with this in mind you may fall into the vulnerable category bailiff action must stop

 

no they can not use ladders they could only gain access through a open/unlocked door or window

i expect the council will say nothing we can do and to deal with the bailiff that is there normal line and they are wrong

 

if the council will not help you contact your local MP as they should sort council out

 

are you claiming any benefits you are entitled to

If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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Which bailiff company is it?

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Should I let him know he will not get access? I made the appointment for tomorrow.

Can he use ladders to enter an upstairs window?

I have bolts on my gates and high walls/fences,can he force these or climb over?

I have children so really don't want them to know anything about the bailiff, my wife is ill, not registered disabled or anything but quite immobile at times, I have had to reduce my hours in work a bit to help out.

Is it worth calling the council to try and get an arrangement?

If I make a payment to the council will they be more inclined to call the parasite off?

 

What health problems does your wife have? It is possible she may be vulnerable under the National standards for Enforcement Agencies, which would render bailiff action inappropriate. Bailiffs and councils should be signed up to these.

 

One vulnerable person in a household renders the whole household vulnerable. It may be worth contacting council and bailiffs with proof of this, then follow up with a Formal Complaint when they ignore the vulnerability. I will send a pm to a Cagger who is well versed regarding vulnerability, she is a night owl so you may not get a response from her until early hours.

I have quoted the relevant section from the National Standards below

 

Vulnerable situations

 

 Enforcement agents/agencies and creditors must recognise that

they each have a role in ensuring that the vulnerable and socially

excluded are protected and that the recovery process includes

procedures agreed between the agent/agency and creditor about

how such situations should be dealt with. The appropriate use of

discretion is essential in every case and no amount of guidance

could cover every situation, therefore the agent has a duty to

contact the creditor and report the circumstances in situations

where there is evidence of a potential cause for concern. If

necessary, the enforcement agent will advise the creditor if further

action is appropriate. The exercise of appropriate discretion is

needed, not only to protect the debtor, but also the enforcement

agent who should avoid taking action which could lead to

accusations of inappropriate behaviour.

 

 Enforcement agents must withdraw from domestic premises if the

only person present is, or appears to be, under the age of 18; they

can ask when the debtor will be home - if appropriate.

 Enforcement agents must withdraw without making enquiries if the

only persons present are children who appear to be under the age

of 12.

 

 Wherever possible, enforcement agents should have

arrangements in place for rapidly accessing translation services

when these are needed, and provide on request information in

large print or in Braille for debtors with impaired sight.

 

 Those who might be potentially vulnerable include:

 the elderly;

 people with a disability;

 the seriously ill;

 the recently bereaved;

 single parent families;

 pregnant women;

 unemployed people; and,

 those who have obvious difficulty in understanding, speaking or

reading English.

9

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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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You really need to speak to the council to try to resolve this and do not allow them to just tell you to deal with the bailiff. The bailiff will not accept any payment arrangement with you, unless they have gained a walking possession order signed by you and a levy on your goods. If you are in a difficult financial position, then you need the help of the council. Do you qualify for any council benefit for the current year ? This is something you need to look into. Your local Citizens Advice and/or local councillors are worth contacting, if the council are not helpful.

 

If you made the appointment, contact the bailiff to advise that you will need to cancel this, as you have other things to deal with. Make sure all doors are locked and window closed. Gates bolted, cars away from the house.

We could do with some help from you.

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The household receives no benefits, never applied for any.

The company is Swift

My wife has a condition called Fibromyalgia - a painful condition restricting movement for a lot of the time.

 

From what I understand, Fibromyalgia can be both unpleasant and debilitating. Is your wife receiving medical treatment from her GP or other NHS specialist? If so, then that strengthens your case with regard to being a vulnerable household.

I would suggest you write to the council Head of Finance explaining your wife's condition and that bailiff intervention is having a detrimental affect on her health. State that you can provide medical evidence in support of your contention. Also remind them that payments have been taken from your wages in the past and this would be the most sympathetic route to use.

Email the letter to the council and copy to Swift. Hardcopy sent by post signed for.

Obviously, you can expand a bit more than what I have just said!

With regard to benefits, has your wife considered applying for Disability Living Allowance (DLA)? If not, now would be a good time before the regulations change and DLA is abolished in favour of Personal Independence Payments (PIP).

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My wife is under the GP for Fibromyalgia and on meds.

I will write to them tomorrow.Thanks for the advice.

To be honest we have always tried to avoid applying for benefits but makes sense as I dont think she is going to get any better

DLA is an enabling benefit, and is designed to help with additional costs related to a condition or disability, there is no shame or stigma attached to DLA, also it is not a means tested benefit.

We could do with some help from you.

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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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DLA is an enabling benefit, and is designed to help with additional costs related to a condition or disability, there is no shame or stigma attached to DLA, also it is not a means tested benefit.

I wasn't being funny about benefits, I know they can make a great difference to peoples lives, we just thought that if we don't claim then someone more deserving can benefit. I think I will look into it, thanks

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I wasn't being funny about benefits, I know they can make a great difference to peoples lives, we just thought that if we don't claim then someone more deserving can benefit. I think I will look into it, thanks

I didn't think you were, but sometimes one has to be pragmatic and take advantage of what is on offer. If she qualifies, i'm sure extra cash would be of help.

We could do with some help from you.

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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 have advised the bailiff not to visit today as I wont grant access, so lets wait and see.

I have called the council and waiting to hear if they will accept an arrangement directly.

I told them I will pay the bailiff charge already incurred as they did imply this is why they cant pull it back.

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Make sure any cars are parked a good 5-10 min walk away and anything of value outside is locked up. Don't answer the door, and make sure you close all windows. The most they can do is charge two visit fee's and then they have to send the debt back to the council.

 

The bailiff are talking a load of rubbish saying they cant pull it back until youve paid their silly fee's. We've seen that a few times. They'll arrange for a bailiff to come round and collect payment, then once they are there, they put their foot in the door and force their way in and perform a levy.

 

If they want their fee's( visit fee's only) they can provide an online payment option.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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I have advised the bailiff not to visit today as I wont grant access, so lets wait and see.

I have called the council and waiting to hear if they will accept an arrangement directly.

I told them I will pay the bailiff charge already incurred as they did imply this is why they cant pull it back.

 

Don't hold your breath on either working.

Please consider making a small donation to help keep this site running

 

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I dont want to appear critical but it never ceases to amaze me that people WILLINGLY allow a bailiff into their home !!! They even agree a suitable time for the bailiff to visit. !!!!!

 

If anyone allows a bailiff into their home they should ONLY do so if they are aware of the consequences.

 

The bailiff will ADD a LEVY FEE to the account.

 

The bailiff will ADD a WALKING POSSESSION FEE of £12 to the account.

 

Only once the bailiff has gained entry will you know what payment arrangement (if any) a bailiff will accept.

 

If a payment arrangement is agreed, then if a debtor is ONE DAY LATE in making payment, the bailiff will legally be allowed to charge an "ATTENDING TO REMOVE FEE". Typically, this ATR fee will range from £150 to £200.

 

As you can see from the above example, allowing the bailiff into the home will SUBSTANTIALLY INCREASE THE DEBT.

 

A word of warning.....always ensure that you do not have a car outside of your home or the bailiff will levy upon the car.

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I have spoken to the council and put my repayment proposal to them, they called Swift with a recommendation that Swift accept the proposal but want me to to pay swift directly, also they have added a second visit charge.

I have emailed the council(Head of finance) and swift stating my case and that I will pay the council directly.

 

I want to avoid calling Swift

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I dont want to appear critical but it never ceases to amaze me that people WILLINGLY allow a bailiff into their home !!! They even agree a suitable time for the bailiff to visit. !!!!!

 

A word of warning.....always ensure that you do not have a car outside of your home or the bailiff will levy upon the car.

 

I made the appointment before I found this section of the forum as it was presented to me by the bailiff that I had no choice, I have absolutely no intention of letting him in.

The car parked outside the house is not mine so if they do anything to it, they will be doing it to someone else's property, but I suppose they can check ownership with the DVLA

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I was not trying to be critical of you but more to outline to other people that may view this popular forum of the pitfalls of allowing a bailiff into their home.

 

I would suggest that you send a text to the bailiff to advise hi that you will not be allowing the bailiff into your home as you are aware that this course of action will add significant additional fees to your account and furthermore, that you do not own a vehicle and that if a "levy" in made on a vehicle and fees added that you will be making a formal complaint to the council.

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Thanks, I didn't take it as a criticism, I am really grateful for all the help on this forum, I think I gave the bailiff too much credit for being honest and decent. after reading this forum I feel so stupid!

Rule no 1:

 

BAILIFFS LIE

 

Rule No 2:

You Cannot trust a bailiff

 

Rule No 3:

Refer to Rule 1 & 2

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Have we helped you ...?         Please Donate button to the Consumer Action Group

If you want advice on your thread please PM me a link to your thread

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 have spoken to the council and put my repayment proposal to them, they called Swift with a recommendation that Swift accept the proposal but want me to to pay swift directly, also they have added a second visit charge.

I have emailed the council(Head of finance) and swift stating my case and that I will pay the council directly.

 

I want to avoid calling Swift

 

When contacting the council always ask to speak to the council enforcement officer only deal with them ask them to email you details of what the charges are the council enforcement officer can look at what swift are charging you for ie visit fees ect pay the council on line or debit card if you did not have a arrangement with the council make one now make sure the payment is going to the account that is in arrears not your current tax bill

 

You say you had council tax arrears for a number of years and have had attachment of earnings in place. how did you default.

Edited by matt v atos
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I have spoken to the council and put my repayment proposal to them, they called Swift with a recommendation that Swift accept the proposal but want me to to pay swift directly, also they have added a second visit charge.

I have emailed the council(Head of finance) and swift stating my case and that I will pay the council directly.

 

I want to avoid calling Swift

 

Please stay on track as you are...you have done the correct thing and spoken to the right people. Now all you need to do is start paying the Council direct. Swifts fees can be tackled at a later date eg: after they supply you with a written detailed breakdown.

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Please stay on track as you are...you have done the correct thing and spoken to the right people. Now all you need to do is start paying the Council direct. Swifts fees can be tackled at a later date eg: after they supply you with a written detailed breakdown.

Ask the council enforcement link3.gif can look at what swift are charging you for ie visit fees ect don't wait for swift to send them to you the breakdown from Swift will be wrong anyway.

Look out for phantom visits added as well

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