Threatening bailiff help

[pinkrat]

Hi everyone,

 

Its been a while since my last post.

 

I need some advice about a bailiff that has just called upon my daughter.

 

She is in a security block of flats that cannot be accessed directly without being let in by owner through telecom system.

 

he told her he was from Bristow and Sutor and needed her to make an agreement.

 

She said she was a single woman alone and was not prepared to let him in and would phone the office.

 

He said she needed to let him in and do it now.

 

She said if he didn't go away she would telephone the Police,

he said if she didn't let him in the Police were going to arrest her and 6.30 am tomorrow morning.

 

He has just gone but has left a letter for her.

 

Is this kind of treatment legal and what should she do? thanks x

[BRIGADIER2JCS]

Total Hogwash from the bailiff, she does not have to let him in, if she feels threatened then police it is!

There is no reason for her arrest, what is the bailiff chasing please?

[pinkrat]

The letter says Council tax

[pinkrat]

She has a violent ex partner and a panic alarm and is constant contact with police, so this is not helping her anxiety. He said if she had a car, he would of taken it

[BRIGADIER2JCS]

Unless this has been a very long running affair arrest is not on the cards unless the LA decides to proceed against your daughter for avoiding payment of the CT, difference between can't pay and WONT pay.

[BRIGADIER2JCS]

How much is outstanding?

[pinkrat]

£2367 she said she doesn't know how it is so high. She cleared her CT 2 years ago and has been on and off housing benefit since then.

She said she is going to ask for a breakdown of charges, is that a good idea?

[pinkrat]

she has just been on the local authority website and put in her reference and it says she owes £593

[pinkrat]

she has moved a couple of times and she had her first letter about this last week

[BRIGADIER2JCS]

That no surprise with BS.

I going to alert the site team to see if the CT experts can help.

[pinkrat]

Thanks Brigadier, i appreciate it.

[tomtubby]

I have a commercial business providing assistance to debtors faced with a bailiff visit and just today, I have received 3 similar enquiries as yours where a bailiff threatened that unless they are allowed entry that a warrant will be issued for their arrest. It is becoming a very worrying time indeed. Let me explain WHY the bailiff wants to gain entry.

 

A bailiff company may only charge a fee of £24.50 for "attending to levy" and a further 2nd visit can be made and the fee for this 2nd visit is charged at £18.00. UNLESS the bailiff is able to gain "peaceful entry" into the premises or alternatively; to "levy" upon a car outside, the MAXIMUM that he can charge is CAPPED at £42.50. These fees will be retained by the bailiff company.

 

The "individual bailiff" would only be able to derive any commission be being able to gain "peaceful entry" into the property and "levying upon goods".

 

The "levy fee" is calculated as a percentage of the amount of the Liability Order but, as a rough guide, if the LO was for £600 the "levy fee" would be £55. On top of this fee the bailiff can then charge a fee of £12 for the Walking Possession. Just on this example alone, you will see that by allowing "peaceful entry" the bailiff would have managed to gain fees of £67.

 

Sadly, it is not until the bailiff has managed to gain "peaceful entry" into the property and levied upon goods that he will outline the basis of a payment plan and many times, the payment arrangement set by the bailiff will be at a figure that is simply unaffordable and what then happens is this:

 

The debtor will very likely make payment (with difficulty) of the amount required by the bailiff at the time of signing the Walking Possession but the 2nd payment will be late. Unbeknown to the debtor the bailiff companies computer system will register the account as being in "default" if payment has not been received in cleared funds into the account by the precise day or the month set by the bailiff.

 

Once the account is shown as "defaulting" the bailiff company will then move the account to a "van bailiff" who will then attend the premises with the "intention of removing the goods previously levied". Crucially, the bailiff will then be legally allowed to charge an "attending to remove" fee to the account. The precise amount of the "van fee" will vary from company to company but as a rough estimate will be between £120 and £250 !!

 

As stated above, the bailiff is only able to gain "peaceful entry" and of course, a debtor can refuse to allow the bailiff entry into her home but she should NOT refuse to pay the debt. It is for this very reason that it is important for any debtor to ensure that they WRITE to the bailiff company to outline their circumstances and to make a sensible payment proposal.

 

The problem that we now have is that people are not writing letters and instead, rely upon calling a bailiff or his company on a mobile phone. Complete madness!!

 

In your daughters case, given the way that the bailiff appears to have already seriously misled her I would not be minded to allow him into the home in any event.

[pinkrat]

Thanks for all that information Tom, what would happen if she contacted the local council in regards to making atrrangement to pay the debt through them? As the figure they are asking is 3 times as much as believed to be owed.

[josephbloggs]

Bare in mind each time she moves property it will have a different reference number so maybe only one bill will show when typing the one reference in on the computer

[tomtubby]

What she must do is to contact the council in the morning and get clarification of the precise amount of any Liability Orders. Please post back once you have received the information.

[pinkrat]

she has typed the refence from the bailiff letter

[pinkrat]

ok, will do that, thanks for your help and time.

[brassnecked]

If the bailiff cannot gain peaceful entry or gain a levy, as has already been stated they will be entitled to just £42.50 in total for First and Second visit fees

 

as to his claim "he said if she didn't let him in the Police were going to arrest her and 6.30 am tomorrow morning. " a Formal Complaint to the head of Revenues CEO Elected Leader , local member and MP as to the agent of the council Busted & Stupor making false claims as to their powers, and seeking to terrorise a single woman.

Edited May 28, 2013 by ploddertom
Typo

[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

[BRIGADIER2JCS]

Thanks to everyone for looking in on this.

 

Brig.

[ploddertom]

Send the following for a breakdown of the fees. Send initially by email - tonight - followed by a copy in the post - tomorrow. enquiries(at)bristowsutor.co.uk

 

"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"

[wonkeydonkey]

If your daughter is under 'protection' from a violent partner she is classed a being vulnerable, it would be advisable for her to also pass this info on to the council and request they take the debt back in house. Your daughter will need to follow previous advice and send an I & E along with her proposal to payments.

 

It is not long ago I helped another young lady in exactly the same position as your daughter with regard to there being a violent partner on the scene, the council in question were very sensitive to the situation as the police themselves supported her with their concerns for her safety, she also involved her local Councillor and her MP...the debt was returned to the Council within 24 hrs and an affordable payment plan put in place

[tomtubby]

WD

 

Good point. The council need to know the circumstances and once again this is why it is so very important that people WRITE A LETTER to the bailiff and if necessary ( in particular in cases such as this) a copy should also be sent to the council.

[brassnecked]

good advice from WD, I feel that these circumstances, where there is a protection issue, and risk from a violent partner, who may well be jointly responsible for a council tax debt, the abused partner should be automatically treated as vulnerable. If the council do not withdraw the bailiffs then a Formal Complaint is in order,

[pinkrat]

Thanks everyone for all your advice. I have passed it all on to my daughter and will keep you informed.