Bailiffs coming, feeling quite scared, advice please

[Rebecca1992]

Hi, about 3 weeks ago a bailiff came to our property to "recover" £50 owed to council tax, I didn't have it because I was made redundant in February and I am 29 weeks pregnant so have been pretty much unemployable, though I have tried.

We managed to set up a payment plan which would be £20 every fortnight, paid on a payment card and he said I would receive one through the post then had to start doing it.

 

I didn't receive any card and to be quite honest I pushed it to the back of my mind as I have been trying to get the things I needed for my baby, my partner is working but he doesn't earn a lot and it has been hard paying everything. He gets just over £200 a week and out of that £100 goes a side for rent, £25 for council tax, the rest goes on other bills (gas, electric & food)

 

The payment card never came through and today I received a letter saying I had defaulted on the payment and there for it has been raised to £198.37, this has gone up because I have defaulted on payments and ignored a letter.

 

I rang them up and explained I hadn't received a payment card yet and had a very rude women on the phone who told me I should have found an alternative method to pay them by and I have till Monday to put £40 in there bank card why I wait for a payment card to pay the rest off. She also said that because my partner is working we have to up our payments and I explained that we just cant afford any more than we are paying and she said "that's not our problem, lend it off somebody"

 

She has given me 7 days to provide proof of benefit?? I am on no benefits and I tried explaining this to her, she said if I cant provide proof of benefits and I cant pay the full amount off within the 7 days then bailiffs will be attending my property and seizing goods, whether we are paying the £20 a fortnight or not, she also said if we don't pay it in full and bailiffs come out then our total will go up to just over £300, then they will add extra on for selling our goods?? All this off a debt of £50 from 2 years ago which im trying to pay off!!..

 

What are my rights as I really don't need this stress at the moment, im classed as high risk as it is and have been put on bed rest till the end of my pregnancy.

im really scared!

please advise!

Edited April 25, 2014 by ploddertom
paragraphs

[rebel11]

Hi Rebecca1992

 

Don't panic. If a bailiffs arrives at your door, don't let them in.

 

You should always pay the Council directly.

 

You are pregnant and unemployed, so are classed as a 'Vulnerable Person'.

 

****You need to get the account passed back to the Council****

 

According to the National Standards for Enforcement Agents you are classed as a 'Vulnerable Person'.

 

Write to the Council, scroll down to number '9 'Vulnerable Situations.

 

Amend the template and send that to the Council, you can email it, but it must be to the correct department, phone them to make sure they have received it. Also send the same email to the bailiffs.

 

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

 

http://www.adviceguide.org.uk/wales/debt_w/debt_action_your_creditor_can_take_e/bailiffs_e/complaining_about_bailiffs_e/bailiffs_and_vulnerable_people_e.htm

[unclebulgaria67]

You need to make an urgent complaint to the council, as they are responsible for the actions of the bailiffs. You must inform them of your financial position and that you are pregnant. The council and bailiff have a responsibility to act in a sensitive manner when dealing with people who are classed vulnerable. Being pregnant means you can be considered vulnerable.

 

I would suggest a phone call to the council, followed by a complaint letter to the council by recorded delivery, with a copy to the bailiff company.

[Rebecca1992]

I have just spoken to the council and the gentleman I spoke to said once its been passed to an enforcement agency, it stays with them until the accounts been settled, he said there is no way of me settling it with them directly. Is this true?

[rebel11]

Have you sent them the template?, it's not correct accounts are returned to the council in some situations.

 

I have just spoken to the council and the gentleman I spoke to said once its been passed to an enforcement agency, it stays with them until the accounts been settled, he said there is no way of me settling it with them directly. Is this true?

[Rebecca1992]

Not yet, thank you, I am just amending the template now to suit me and then I will be posting it, Its just really frightened me, this was £50 that I didn't know I owed until after I was made redundant, im not sure where its come from as the time when I have gone into arrears with them, I was unemployed and my council tax was being paid. Its all so confusing. Its gone from £50 to a possible £300 in such a small space of time

[rebel11]

Hi Rebecca1992

 

Send it Recorded Deliver or ask for a 'Proof of Postage Certificate '. Things will calm down once it's returned to the Council. Getting stressed isn't good for you.

 

Not yet, thank you, I am just amending the template now to suit me and then I will be posting it, Its just really frightened me, this was £50 that I didn't know I owed until after I was made redundant, im not sure where its come from as the time when I have gone into arrears with them, I was unemployed and my council tax was being paid. Its all so confusing. Its gone from £50 to a possible £300 in such a small space of time

[renegadeimp]

Which bailiff company is it? Are the councils offices ran by capita?

[ploddertom]

As well as claiming vulnerability you must also supply proof of same - for Benefits a copy of the award notice, for medical reasons a letter from a doctor or similar, in your case from your designated Midwife should suffice.

[i hate bailiffs]

I have just spoken to the council and the gentleman I spoke to said once its been passed to an enforcement agency, it stays with them until the accounts been settled, he said there is no way of me settling it with them directly. Is this true?

 

They make there own rules up

Your local MP and councillors need to know about this

they will give the council a kick where needed

[tomtubby]

Rebecca,

 

Could you please post back to let us know which bailiff company is enforcing this debt. Almost certainly you should be making a Formal Stage One Complaint to the local authority as the 'advice' that you received from them is wrong. The local authority are wholly responsible for the account and all actions of their bailiffs. They can indeed retain the account is their is 'vulnerability'. However, proof will be required.