Equita/CT Removing Goods in my Absence

[Berus]

Hi Everyone.

 

I came home yesterday to find a hand delivered letter from Equita saying the bailiff will attend my house in 24hours.

 

If i do not pay the outstanding amount in full and cleared funds,

he will attend my house and MAY remove goods in my absence which they tell me will be distressing.

 

I have been reading on here what to do

and i have requested the information from the Council regarding the Liability order they got in Court.

 

First i knew of this was yesterday, surely i must have received a summon or something? But nothing.

 

The CT was applied when i was on benefits so i don't see how i can owe the council anything.

 

I have queried this with them and they said there were a period of 2 months which im liable for

( Benefit took 2 months to be awarded).

The CT bill was from a previous address.

 

I am currently homeschooling my 9 year old son so he is in the house with me. I am also a single parent on benefits.

 

How do i deal with the Bailiff when he turns up please?

 

Im scared to death and i dont want my son upset.

 

Any help gratefully received, thank you.

[dx100uk]

usual fannel of untruths.

 

there is NO right of forced entry on CTAX debts.

 

IF they find an unlocked door or window

then poss.

 

however, as there is no levy

 

they cant just turn up and take goods.

 

they have to levy at a previous visit first

and to do that on items WITHIN your home

 

you would have had to of already voluntarily let them in [don't!]

 

and signed a walkin possession order [don't]

 

you need to contact the council and findout if the LO is valid

and exists,

 

then if you need to pay

 

pay them DIERECT

 

NEVER EVER pay a bailiff.

 

dx

[Berus]

Thank you for your reply, he should be turning up shortly.

 

The doors are always locked and so are the windows.

 

Ive called the council,

 

first they said it was out of their hands but are going to email me the information i have asked for.

 

The council have also stated that its not true that if you have a under 12 in the house,

the Bailiff cannot "kick off" for want of a better phrase.

 

Is this true?

 

Thank you for the advice.

Edited May 14, 2013 by Berus
rubbish spelling

[dx100uk]

he cannot do anything

 

your are under NO LEGAL REMIT

 

 

to even speak to him.

 

he can wave his arms about all he likes

 

dx

[matt v atos]

Vulnerable situations

 Enforcement agents/agencies and creditors must recognize 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.

[hallowitch]

The CT bill was from a previous address.

 

have you confirmed the date of the liable period with the council to make sure its not for a period after you vacated your previous address

 

and if you have a car move it away from your house now to avoid the bailiff putting a levy on it

[Berus]

Thank you all again.

 

I live in a block of flats, a converted old house.

 

It has 2 entrances, i have my own door entrance

and the other door serves 4 other flats.

 

The Bailiff has said that all he needs to do is gain access to the building

and any events that occur that would leave my kid distressed ( and myself) is down to how i interact with him.

 

I told him i refuse to talk to him and have asked to see the warrant ect.

 

He said i should call social services as he will be back with the police to have me arrested and my kid held in care !

 

The camera is now rolling.

 

I have confirmed its from a period, 2 months, at my previous address. I dont have a car.

[Sparks_]

He is telling fairy stories, bad ones at that, he cant get you arrested nor have your child put into care, do as others have said just dont talk to him, dont open the door, If you can record what he says might be a good idea.

[hallowitch]

He said i should call social services as he will be back with the police to have me arrested and my kid held in care !

 

personally I would (recording the call) phone him and say you have been in touch with social services and they need to know what time he is coming to arrest you so they can have a social worker there to pick up the kids as they cant hang about all day waiting on him:lol:

[brassnecked]

He said i should call social services as he will be back with the police to have me arrested and my kid held in care !

 

personally I would (recording the call) phone him and say you have been in touch with social services and they need to know what time he is coming to arrest you so they can have a social worker there to pick up the kids as they cant hang about all day waiting on him:lol:

 

What about mentioning the police will be waiting with the social worker to arrest him for him for making threats and impersonation of a warrant Officer, as he has no power of arrest period.

[i hate bailiffs]

 

 

 

He said i should call social services as he will be back with the police to have me arrested and my kid held in care !

 

 

 

Think with the amount of **** that comes out the bailiffs mouth he should change his shirt

 

first prize Muppet award going his way

I do hope you manage to film him saying that formal complaint to the council is a must

copy in local MP

Any payments direct to the council

 

Bailiffs lie,remember all they have is a liability order nothing else they will call it a warrant/court order whatever they call it

no right of entry no locksmith no arrest

[Berus]

Wow, thank you for the help an support.

 

Il call social services in front of the Bailiff and ask them to confirm. lol Hallowitch! made me lol

 

Good stuff ya all. Cheers.

 

Il keep updating the thread.

 

The Bailiff can insult me all he likes, i dont give a ****,

but telling me, in front of my son,

that if i did not pay right away, i will be, arrested,

locked in a jail and my kid will be put into care.

You can imagine a 9 years old`s fear at this point

 

Everything is being recorded, no worries about that

 

All this stuff was being yelled through the letterbox,

 

he got minimal response from me.

 

Only to point out info that has been given to me her.

 

He was not a happy bunny!

[tomtubby]

There is so much wrong here that it is difficult to know where to start.

 

Firstly, you must either go to the council or call them as there is a LEGAL obligation to send a summons. Next, once the Liability Order has been obtained there is LEGAL obligation for the council to WRITE to you to give you 14 days notice that they have obtained a Liability Order and that if not paid it will be sent to a bailiff.

 

Next, you should be WRITING to the bailiff to outline a payment proposal. I would NEVER suggest that a payment arrangement is made by damed mobile phone !!!

 

If you live in a flat or house there is NO legal basis whereby you have to let a bailiff into your home. The problem that this poses for the bailiff is very serious indeed. The statutory fees scale provides that a bailiff can only charge a fee of £24.50 for "attending to levy" (where no levy was made). He can charge a further such visit at the fee is £18.00 UNLESS the bailiff is able to levy...there can be NO further fees charged. The bailiff would not earn any money at all UNLESS he was bale to levy upon goods . He knows that the ONLY way for this to be achieved to to EITHER be allowed into the property or more simply...to "levy" upon a car OUTSIDE.

 

If you do not allow the bailiff into your home and do not have a car, then the fees that he can charge are "CAPPED" at £42.50

 

Finally, many people receiving these REMOVAL LETTERS wrongly believe that it means that they can be walking around the supermarket and that the bailiff has emptied their home "in their absence". Unless the door was left unlocked.... this CANNOT HAPPEN.

 

Instead, the letter means that if the bailiff attends when the debtor is not at home he can remove goods from the garden etc. This could include an expensive teak table and chairs, expensive BBQ, caravan etc.

[Berus]

Thank you all again. I am following all the advice given here. The Bailiff has not been back since the other day, we had a small exchange through the door ( when he made his threats) but i refuse to speak to him now and everything is in writing.

 

The council have said they sent me the summons but cannot tell me when or how it was sent. Same story with the liability order. Im going down there this afternoon and get some answers.

 

Luckily i don't have a garden, i have even moved the outside doormat just in case he "levys" that.

 

Il update as i get more information.

[mikeymack2002]

If you know nothing of the case then make a statutory declaration at the Magistrates court asap it will suspend bailiff action till the case is reheard

[ploddertom]

If you know nothing of the case then make a statutory declaration at the Magistrates court asap it will suspend bailiff action till the case is reheard

 

Not in this case unfortunately.

[mikeymack2002]

Opps.... but maybe this case may help the OP it the Bailiff turns up this is a vulnerable household

Edited May 19, 2013 by mikeymack2002

[ploddertom]

Are all the Case Laws you are coming up with from your own research or elsewhere? If your own have you read and understood each? What part of Nash v Lucas are alluding to?

[mikeymack2002]

The Bailiff cannot use the police to gain entry to your home, and since you are on benefits the Bailiff must remove himself according to recent guidelines as a vulnerable household

Edited May 19, 2013 by mikeymack2002

[wonkeydonkey]

Nash v Lucas [1867] 2 QB 590

 

Is what I used when in this position, and to answer other question since I have access to loads of law books in my own home goes to show, also youngest daughter is qualified now in this field as of last year thanks for asking, anyone with the knowledge knows a bailiff has limited powers any way, and people spouting off FOTL rubbish makes me laugh, so knowing "the facts" goes a long way, if my posts offends then I will stop posting? or is my post correct?

 

Also having helped many in my local community with these issues, Bailiffs/Dca's and they been in the bad position of knowing very little at first, then learning more as time has progressed, just like you! Having helped these people in time of need, I thought this group was about giving knowledge? Yes?

 

The Op is disputing Council Tax and therefore the case law of Nash v Lucas is not relevant.

[tomtubby]

mickeymack I have doubt that your intentions are good but the advice that you are giving in a lot of other threads as well is not correct. As I have also said in response to a post on another thread I am a little bemused as to why you have decided to make posts on threads where there has been no further comments ( in some cases for nearly one month).

 

It is all to easy to buy a legal book and then use a small sentence from that book as justification that "apparently" the bailiff has acted illegally etc. In the case of John Kruse's book (as an example) it will be the case that anyone taking legal action etc should obtain a copy of the full judgment.

 

This is a common situation and in fact is the case on another forum which constantly refers to a case of Bernie Loynes as supposed "justification" that "apparently" the bailiff must obtain prior authority of the court for adding a fee to an account that is not provided in the regulations ( in other words...an additional fee...otherwise not provided for.

 

The person posting this INCORRECT information on that forum even uses the Loynes case to support his statement that fees cannot be applied to debtors when enforcing a Magistrates Court FINE.

 

If the person on that forum had actually read the Judgment in FULL he would have known of at least 2 vital points.

 

One: Bernie Loynes case was in relation ONLY to fees charged under the High Court Enforcement Officers regulations and in particular: Fee 12.

 

Secondly, Bernie Loynes actually LOST his case when he appealed !!!

 

As I have said very often, if you read a legal book this does not make you a lawyer in the same way that by building an Airfix model you will not become a Pilot....

[Berus]

Just a little update. I have followed advice given here. I am still waiting for information from the council which is sketchy to say the least. Yet i wait. I have used the advice given here and the bailiff has backed off, i guess he realised it was in writing only , not exchanges through the door or on a mobile! I was joking when i mentioned it but he did actually ask if i owned the doormat! sweet jesus.

 

This thread will be seen through to completion. As ive been browsing topics relevant to me, the amount of incomplete threads is a little frustrating, that will not happen to mine as there are a few things i have to deal with and i cannot fault CAG for its expertise. Thanks again.

[dx100uk]

thanks great update

 

dx