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Bailiffs Visit, threatening to take goods away (council Tax)


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Hi

 

Well yesterday a Bailiff visited my flat, posted a latter through the door and disappeared.

 

the letter (attached) stated that they had attended to seize goods, except they never even knocked on the door, they just posted the letter, they say they will return in 48 hrs with police if necessary.

 

please note, they have never attended my property before, neither do they have a walking possession.

 

I contacted them 2 weeks ago after the 1st letter, and offered them £130 p/m to clear the debt of what say £445.

 

they refused and wanted all the money in 1 go. so i told em, it's tough luck.

 

i have contacted the council who refuse to take the debt back from the bailiff, even though the debt now is actually less than £100 apparently.

 

please note.

 

i have paid a total of £670 in the last 2 months to the council, yet they still refuse to help. the initial liability was for £533 they sent some payments i made to the council to the bailiff, but not all of them it seems.

 

either way though, where do i stand? I offered to pay, I have actually paid well more than i would have been forced to pay if i had stood in court. am i being unreasonable in wanting to only deal with the council & not the bailiff? as far as the council are concerned, as I say, they say i owe less than £100 on the liability order now. but the bailiff is still wanting £445.

 

attached are the copies of the letters from the bailiff.

 

[ATTACH=CONFIG]45990[/ATTACH]

 

[ATTACH=CONFIG]45991[/ATTACH]

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The bailiff is lying in an attempt to scare you into paying

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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Convert those letters to pdf. Edit out personal info and re upload them.

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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Pay the council what is left directly using their online payment system, applying the correct reference number. You are only liable for the 2 bailiff visits totalling £42.50 which you can pay later.

 

Do not allow the bailiffs any entry and deny them any levy outside of your property. e.g remove anything of value in the garden and keep car parked away from the house. They will not force entry and they will not call the Police.

 

The bailiffs are trying to find a way to increase their fees. Pay the council and you limit the bailiffs to the £42.50.

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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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well that won't work. i have no problem paying. as i said, i've paid the council directly £670 in the last 2 months. i told the council last time i spoke with them when they refused to withcall the liability from the bailiff that I would only deal with them & not the bailiff. and that is what i have done.

 

When I spoke to the bailiff I told him it's a waste of time him turning up because I will not give them peaceful entry. he even said they won't be forcing entry, to which I said, I know you can't if I don't let you in and no doors are windows are open if i happen to be out. he said, well we'll still attend anyway.

 

But as far as i'm concerned, I have not refused to comply with payment to the council as i've paid them £670 in 2 months. I just refuse to deal with the bailiff.

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if I pay the council the rest. in my understanding, the fees by the bailiff can't be enforced? therefore if i refuse to pay those fees? what can they do about it?

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The letters you have received are the usual "designed to frighten you into action" letters. What he has forgotten to say is that in order top remove goods from your home he needs to be allowed in first. Also when he says he will remove in your absence then this only applies to anything that may be lying around outside that may be of worth. Otherwise it is all meaningless.

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Ignore the bailiff. Do as advised and deny him the ability to perform a levy. Pay the council direct using their online payment system, and the bailiff can only charge 42-50. he will threaten everything, but all he can do is hand the LO back to the court/council. SInce you are paying the debt, the court is very unikely to do anything apart from order you to keep the repayments up.

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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Communities Secretary Eric Pickles said:

 

"It is unacceptable for councils to employ burly bailiffs with

heavy-handed tactics like kicking down doors, making phantom visits or

charging excessive fees, it is unfair and damages a council

standing in the community.

 

Today our new guidance is crystal clear: it is time to stop the dodgy

practices where town halls collect contractual kickbacks from bailiffs

that will do almost anything to make money."

 

 

Read more[http://em.jumbomail.org/link.php?M=1359155&N=594&L=951&F=T]

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i have unapproved the PDF files due to the fact that they have bailiff information in them, Please can you remove bailiff details, ie, name and contact details. Once you have done this please let site team know and they will be reapproved.

 

Thank you

 

seanamarts

 

Site Team.

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  • 4 weeks later...

ok, so i carried on paying the council.

 

and since my last post here on 22nd august i have paid a total of £250

 

they still say the total is £448 which doesn't seem right. i have paid £770 in the last 3 months, but this doesn't seem to be decreasing.

 

I have emailed the council to ask them for a copy of all bills since 2010 & a breakdown of all payments made.

 

but attached is a letter i have received today from the bailiff.

 

this time they are threatening me with bankruptcy, or prison.

 

thanks.

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What the Bailiff has failed to tell you is that none of that is his decision. That is taken by the Council and if you have been paying regularly as you say then they will would find it pretty difficult to take further action. It does sound as if there is no communication between Bailiffs & Council. I would be asking the Council what your current position is with regards payments & amount outstanding.

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The letter is being used to bully you into paying more than you can afford, the bailiff is in bully mode, don't let him in under any circumstances, keep all valuables in house and if you own a car keep it safe away form home.

 

Since you have been paying the council, if he tries to levy any good DO NOT SIGN THE FORM tell the council that the bailiff is trying to intimidate you even after telling him you have been paying direct, since the council are wholly responsible for their bailiffs actions they are accountable, you will report them for their actions, keep us advised on things please.

 

As far as threatening you with prison its not their place too, yet another bully tactic unless the liability order states no pay you go to prison if not then only the court can say this, again yet more lies to make you pay, imho the letter is a false instrument.

Edited by mikeymack2002

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