Bailiffs & CTAX debt

[kdl]

Hi all,

 

Despite the people at rossendales being given a cease and desist over the phone, and verbally when they called

(this was filmed, and yes the bailiff did discuss in public confidential details without ascertaining who I was,

and no I didn't give any info whatsoever)

 

I also informed him that he was trespassing (which he denied) and asked him to leave the property

(which he refused and said I could call the police if I wished, I said thankyou and goodbye,

walked back into my home and he left reasonably quickly - I never called the police),

 

they called again and I just didn't answer.

 

I've now sent a cease and desist letter to there offices by tracked recorded signed for royal mail

(I also have cease and desist notice in front door window to them, should they approach the property again).

 

My partner completely goes into a total shaking crying wreck everytime there's a knock at the door,

I also have children who I feel are threatened (despite my assurance that they have no power),

 

I am also under the care of the local hospital psychological outpatient department

as i'm currently recovering from two nervous breakdowns/major depressive episodes

and am on extremely strong anti-depressants, courtesy of idiots harassment.

 

What i want to know is

 

1- can I physically remove the bailiff from my property?

2- can I get a restraining order against them?

3- can I sue them for harassment? Anne

4- can I sue the council as I believe they are responsible for any agent they employ/subcontract's behaviour and conduct?

 

Many thanks to all.

Edited July 13, 2013 by citizenB

[dx100uk]

sadly me thinks you have been reading to many FTOL TWADDLE sites.

 

what is the debt all about. please

 

I would not recommend doing any of the things you list.

 

dx

[brassnecked]

Take a deep breath and tell us all about the problem,

then Caggers can help you with options to best handle the situation.

 

What is the debt for?

 

Also try to keep calm, and do not engage with the bailiff, hide any car, and actually the FMOL cease and desist stuff just winds them up

and makes them more determined to harass you even more.

 

Now you appear to be vulnerable under the National Standards,

so I would send proof of this to the bailiff company, and creditor.

 

If it is council tax you are on stronger ground, as there is no legal compulsion to deal with a bailiff,

send proof of the vulnerability ie your mental health problems to the council

[citizenB]

You could certainly make a complaint to the Local Authority pointing out that both you and your partner are vulnerable persons.

 

Why exactly are the bailiffs attempting to contact you ? If CT, then it is my understanding if you are vulnerable then the LA has to take the account back.

[dx100uk]

Department for Constitutional Affairs - Enforcement - National Standards for Enforcement Agents

.

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.

 

this applies to the whole HOUSEHOLD 'a' vulnerable person resides there.

[kdl]

Hi guys, thanks for your advice.

 

Yes it to do with council tax.

 

We are not in a position to pay, and nor are we going to be, as our situation is only going to get worse.

 

They've sent us letters threatening us with prison, and saying they are going to refer the case back to the council for commital to prison.

 

We have in the past made offers to pay small amounts when we can to the council.

 

But they refused.

[unclebulgaria67]

What you should be doing is writing to the council by recorded letter explaining your situation. Make some small affordable regular payments online to the council if you can, inputing the relevant reference. At least then, if this did ever go to a Magistrates court you can show that you have tried to deal with this.

[dx100uk]

forget their prison threats

 

very very vety rarely ever happens and NOT IN YOUR CASE

 

its only the REFUSE TO PAY ones

 

not the can't pay due to circumstances.

 

all rather silly forhim to say those things.

just threats.

 

get that letter off ASAP

 

and ring them or email too [ the council]

 

dx

[ploddertom]

Backing up what others have said the Bailiff is mis-representing his powers by mentioning prison. It is not his position to do so and even the Council have to apply for a Committal Hearing first where prison is a last resort. In my view you should be contacting your local Councillor(s) and asking they intervene on your behalf particularly with regard to health issues. It may be possible to have deductions made at source if you are on Benefits.

[brassnecked]

You can find your local councillors contact details on the council website, or via http://www.writetothem.com, I suggest you telephone the councillor today, they should be available even out of office house for a situation like yours.

[Mark1960]

Just a word of warning re the "committal to prison" threats.

 

Be careful how this is worded.I've had similar letters recently whereby the bailiffs have written stuff like "before we return the case back to the council where they can take alternative action including applying for your committal to prison" (I was already dealing with the council directly at this stage)

 

The point is,be careful that you are reading the letters correctly 7 double check that its actually the bailiffs who are threatening your committal to prison.

[Peterbard]

I agree with Plodder - go to your local Councillor and seek their help. They are available any time from 8:30am - 9:00am. If you don't know who your Councillor is, this link will tell you:

 

http://www.writetothem.com/

[brassnecked]

A bailiff cannot start committal proceedings off his own bat, the council must do so, you could send in a Formal Complaint to the council regarding the threats and misrepresentation of their agents the bailiff, for which they are wholly vicariously liable both jointly and severally.

[tomtubby]

I am sorry to hear of your problems with a bailiff and sadly it would seem that you have been looking at certain "advice" websites that continue to peddle out information to desperate debtors to post Removal of Implied Right of Access notices around the property and that "apparently" the bailiff will then magically leave you alone. Utter nonsense.

 

Almost all such "advice" sites have some sort of connection with Freedom on the Land movements. Sadly, the sites also fail to advise debtors that the bailiffs companies governing body; CIVEA have recently written to all their members to advice them to IGNORE such notices !!!

 

http://www.civea.co.uk/news-24.htm

 

Bailiffs have "lawful authority" to attend the debtors premises as they have a court order that specifically provides that they can seize goods belonging to the debtor.

 

If you do not have a car and refuse to allow a bailiff into your home then he will return the account back to the council and yes....there is a POSSIBILITY that they can issue committal proceedings. However this is so rare and can only be done in cases where the debtor REFUSES to pay. It is for this precise reason that debtors MUST ensure that they write to the council to outline their circumstances and offer a payment arrangement that is affordable.