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Hi

 

Can anyone help me, i am trying to create a thread on here, i stupidly got myself in to debt a few years ago after suffering from depression (this is not an excuse) i am not trying to sort it out, i got myself in council tax arrears for around £800 however with court costs and fees there now saying its over £1000 they took me to court and got rossendales involved, anyway someon attended my property to do a levy or walking posssession,

 

i panicked at the first letter and let them in, whilst doing the WOP the guy sat in a chair looked around my living room and wrote a couple of things he could see down such as a SKY HD box, an arm chair, a laptop, a side table, when he put the laptop down i said that it was not mine that it was on HP and i obviously had the documents to prove this, his words were then "its ok, we just have to write a few things down thats all, its not important" so after this i stupidly signed this and he left saying i had to send some paperwork of what i earn and pay out etc to the head office, which i did, after a month or so i heard nothing until another bailfiff letter arrived saying if i didnt pay in full they were coming to removed my goods,

 

so i rang the bailiff who was awful and he said hes not interested in my excuses just when im paying, after the phone call i made a complaint to rossendales about the bailiff etc and they first stated they had not recieved my documents, then said yeah we did but it was too late so i had to send it all again offering them a payment of £30 per month, they wrote back and refused this and said i must pay £100 per month, i set up a standing order and a payment of £10 was made in october then another payment of £120 was made in November 2012, the next 2 payments havent been taken from my account i can only assume there wasnt enough money in to cover it,

 

on thursday 21st February a bailiff attended again stating i had paid nothing since october and handed me a letter whish says he will return in 24hours to remove the goods, now ive since spoken to him on the phone and siad i was waiting to speak to the CAB he said to get them to ring him, Firstly there is nothing in my property even worth anything near the debt and i cant get in to see the CAB until 21st March, the bailiff is expecting them to ring him tomorrow,

 

I am a single parent earning just over £600 per month and am 18weeks pregnant, i cant afford £100 per month, and now i dont no what to do im worried sick, ive emailed a complaint to rossendales but by the looks of things im going to come home from work to find my house emptied, i even suggested to the bailiff that an Attachement of earnings would make more sense and he said they cant do that as i work part time and they cant do it for part time wages. I just dont no where i stand legally and am worried sick, can anyone help

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When your alone and have no knowledge of what they can do its frightening, I stupidly let them in to do the walking possession and they even put things on it that I told them weren't mine now I'm told that as I signed it they can now break in if I'm out, I'm pregnant and a single parent and have no idea what to do now.

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Hi caroiline. You need to speak to the council and get the debt taken back as you are classed as vulnerable. I'll ask an admin to move your post to its own thread so we can help you as much as poss.

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

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There are several things that need to be done. Do you actually know exactly what you owe and for where & when? 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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As afr as the Bailiff is concerned do you have a list of the charges they have applied? You need to send off for a proper breakdown from them. Here's an example of what to send, adapt and use as you see fit and best sent initially by email followed by a copy in the post.

 

"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"

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As far as your own situation is concerned have you told the Bailiff you are expecting? I suggest you send both Bailiffs & Council a letter appraising them of your condition, you will need to send them some proof - letter from Midwife for example. There is a possibility you could be classed as vulnerable according to the National Standards for Enforcement Agents.

 

The Notice of Seizure the Bailiff left you - is it possible you can list everything on it exactly as described on the notice? As for them forcing entry to your home whilst you are out - that will not happen regardless of anything he may say. He has to jump through a few hoops to get that far.

 

You could however begin to pay the Council direct using online banking, Council website or automated phone. If doing this pay on a regular basis - £10 every Thursday for example. This quickly builds a payment history and proves you are willing to pay. It may indeed upset the Bailiff but so what. Eventually when he finds he cannot browbeat you and you appear to know what you are doing he will move on to pastures new.

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If you follow the excellent advice provided by ploddertom, you will be able to take the control of the situation away from the bailiff, and back to yourself. Now if you do as pt asks and post up what the bailiff listed, it may well be that he has listed exempt items, along with third party property, which would leave the remainder insufficient if removed and sold at auction to pay all fees, and a proportion of the debt.

 

In other words, the levy of itself may be faulty and can be challenged, removing a wodge of fees into the bargain.

Edited by brassnecked

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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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Thank you very much everyone for your advice, i will send off the letters as advised, im at work so dont have the list with me i will update later when i am back at home, my payday is the last wednesday of every month, i am paid tomorrow and will be paying £50 to the council and will continue to do so monthly if i have more i will pay some weekly just to show that i am willing to pay, also the first post should read i am NOW trying to sort this out not not as stated, think i was typing in a panic, again thank you so much, sites like this are a god send :-)

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update on this, i have spoken to the council, they have spoken to rossendales on my behalf and have agreed £50 per month is acceptable and to start paying it tomorrow, im happy with this and feel a bit releived, again thank you for all of your help, i hope i never have to deal with bailiffs again and this time next year my life will be back on track.

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Make sure you pay the council direct and NOT the bailiffs.

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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