Bailiff coming at 5pm

[Woodi79]

Hi,

 

had bailiff round yesterday giving 24 hours notice.

 

Despite my regular payments direct to the council regarding the outstanding CT arrears.

 

They posted a letter this morning saying attending at 5pm,

 

now I know not to let them in and have emailed both parties regarding discrepencies in their respective amounts.

 

They also posted a notice of seizure of goods for a car that is not mine let alone parked on our street!

 

Dont know where they got it from.

 

Both parties are unwilling to compromise so far and

 

the council have said they will pass my case to the court should the bailiff return empty handed so to speak.

 

They have told me it will be a comittal to prison/means hearing if it gets that far.

 

What can i do?

 

Any help?

[rebel11]

Hi Woodi

 

Are you in one of the categories below?

 

Vulnerable people are defined as:

 

• pensioners
  
• disabled people
  
• single parent families
  
• unemployed people
  
• mental handicap or mental confusion
  
• long-term sickness, serious illness or frailty
  
• deafness or blindness or limited sight or hearing
  
• recent bereavement (for example if a close family relative has died);
  

[brassnecked]

What council and bailiffs are these? Have you had a breakdown of what you owe from the council. Who is threatening prison, is it deffo the council, or the bailiff?

[Woodi79]

Hi am unemployed but my wife works and I am on medication for long term depression and all this doesnt help. Its Conwy council and it was them that said if they dont have luck with bailiffs they will start court for means enquiry which can result in a cimmittal to prison

[Woodi79]

"If no arrangement is made or there are no goods to recover then the next stage will be to apply to commit you to prison. This course of action will incur costs of £305.00 and you may receive a custodial sentence of no more than 90 days."

 

Although no one has accepted my payment proposal

[Woodi79]

Sorry , Jacobs bailiffs

[renegadeimp]

Put simply? They are lying big time.

[Woodi79]

Sorry, lying about what? the commital to rpison?

[renegadeimp]

Yep. Prison is only for people that stand in front of a judge and say "I will not pay a penny".

 

No viable levy has been performed so keep windows and doors locked and all he can do is stamp his feet and charge 2 visit fees then hand it back to the council.

 

Meanwhile pay the council direct online and theres very little they can do.

 

This will change next month but stand your ground for now.

[Woodi79]

Ah I see, have been making payments both online and over phone, automated service, and I have all receipt numbers. Can i ask what will change next month? Doesn't sound like good news for those of us with problems!!

[rebel11]

Hi Woodi

 

I'm not sure whether your wife working makes a difference as such. The clock is ticking. I would send the following template to the Council and the Bailiffs. The key part is an acknowledgement that they have received it and they act on it.

 

Scroll down to Vulnerable Situations:-

 

http://www.consumerwiki.co.uk/index.php/Bailiffs:_Useful_Template_Letters

 

You need to e-mail it to them, then follow up with a phone call.

 

As Renegade has said pay the council direct.

 

Also have that template in an envelope by the door so you can hand it to the Bailiff through the letterbox, if they play stupid and turn up.

 

Update the thread.

[Woodi79]

I have also asked the council to take the debt back but they refused. Do I have any gounds regarding my medication or unemployment? Or is it the case that my wife works and so this is disregarded.

[unclebulgaria67]

You should write to the council an urgent letter by recorded delivery confirming your position. Mention your medical situation and provide some basic details of your income/expenditure. Advise them that you would welcome some form of means hearing or other assessment, so it can be calculated what affordable amount you can pay on a regular basis. Perhaps make a payment for an affordable amount to show that you are willing to make payments.

 

This letter will come in very handy, as if this ever goes to court, you can show Magistrates that you have sought to enter into a payment arrangement with the council.

 

You don't have to deal with bailiffs. Keep doors and windows closed/locked. Make sure there is nothing that you own outside of the property they can take or levy against. Don't even answer the door or speak to the bailiffs. Let the council deal with it.

[brassnecked]

Lots of maybe and buts, and even if they dragged you to court screaming at the magistrate to wsnd you to jail, as you have been paying direct, have made offers of payment, that may backfire on CCBC; send the numpties at CCBC Temple of Waste Bodlondeb, proof of your depression and medication, that may well ground vulnerability, looks like CCBCs cosy bailiff arrangement with Denbighshire CC inhouse team has ended, and they have brought in Jacobs a particularly nasty bunch, keep any cars well away for the time being as Jacobs WILL clamp any motor they see even next doors.

[rebel11]

Page 9

 

http://www.justice.gov.uk/downloads/courts/bailiffs-enforcement-officers/national-standards-enforcement-agents.pdf

[hallowitch]

if you are making payments the council cant take you to court and should NOT be threatening you with this I would be sending a letter/e-mail to my MP and local councillor asking them if they are happy with the council threatening debtor with actions that legally they cant imply

 

 

http://www.legislation.gov.uk/uksi/1992/613/regulation/47/made

[Woodi79]

Sent enails to bailiffs and council as recommended by rebel11. I have already offered payments to council and made regular payments but they refuse to deal with me, have all details on email.I have also said to them that I would welcome a means hearing however they seem uninterested.

[rebel11]

Give the Council a ring in the next hour or so, write down the name of the person you speak to. Can I take it you amended the template with your relevant information?

 

Sent enails to bailiffs and council as recommended by rebel11. I have already offered payments to council and made regular payments but they refuse to deal with me, have all details on email.I have also said to them that I would welcome a means hearing however they seem uninterested.

[rebel11]

I also think it's a good idea to do the following:-

 

You should write to the council an urgent letter by recorded delivery confirming your position. Mention your medical situation and provide some basic details of your income/expenditure. Advise them that you would welcome some form of means hearing or other assessment, so it can be calculated what affordable amount you can pay on a regular basis. Perhaps make a payment for an affordable amount to show that you are willing to make payments.

 

This letter will come in very handy, as if this ever goes to court, you can show Magistrates that you have sought to enter into a payment arrangement with the council.

 

You don't have to deal with bailiffs. Keep doors and windows closed/locked. Make sure there is nothing that you own outside of the property they can take or levy against. Don't even answer the door or speak to the bailiffs. Let the council deal with it.

[brassnecked]

Get your local councillor onboard, phone them now, their contact details are on the CCBC website, I would also consider a Formal Complaint to the CEO, Iwan Davies at the Temple of Waste*,.clearly stating you are copying your AM and MP into it.

 

* Temple of Waste: derogatory term for CCBC offices at Bodlondeb as mentioned on the Thoughts of Oscar blog which regularly chastises CCBC for muppetry and more

[Woodi79]

Hi, thanks all for advice, yes I did amend letter thanks. I have also emailed councillors complaining. I will update soon

[Woodi79]

Just a quick update, no response from email regarding vulnerable letter from either Bailiffs or council, and no luck by phone yet. I just hope they dont take this persons car away, dont have a clue whos it is! Bit nervous for their return visit but I am determined not too let them in.

[Woodi79]

Had a long winded reply to my many emails of the council, not sure if i should post, any help really appreciated

[Woodi79]

Bit worried???

[rebel11]

Hi woodi

 

Post it but remove all personal details and reference numbers.

 

Had a long winded reply to my many emails of the council, not sure if i should post, any help really appreciated