Baliff coming tmrw...help!!!

[louise35]

Last october (2005) i forgot to pay the last £53 of my council tax...i did agree to make a payment last october then completly forgot about it,i heard no more about this but did start paying 2006s council tax...about 5 weeks ago i recieved a letter from my council saying as i hadnt payed the £53 they had handed it over to the baliffs...i asked if they could withdraw this as i had just forgotten...no excuses just forgotten im sorry i will pay it now...they told me no.

About 4 weeks ago a firm called JACOBS who are certified came to my door,i said i would get it sorted but then my gran died and i went to Scotland for the funeral and to sort everything out (belongings)...last weeks he came back and left a removal of goods notice and it had gone up to £169.50...this was on the wednesday,on the friday he came back and it was £219.50...ow can this be?

This morning i went to the CAB and a woman there rang him and asked what the charges were...he said £22.50 for the 1st visit...£16.50 for the 2nd...and £90 for the 3rd...he then changed his mind and said it was £80 for a van and a further £90 for a levy???

I told the woman he was always changing his mind,she agreed and argued with him but he wouldnt budge,she told him when he comes to my house tmrw at 4pm to have a breakdown of the charges...even when you add it all up where the hell does £219.50 come from,it should be more,he wont speak to me about it and his head office said i have to talk to him...this money is more than my husbands complete weekly wage...the lady also asked him if he would take a reduced payment and he said no...i dont know what to do...i havent let him in and wont let him in but im petrified...i hate the fact he can smugly turn up and take anything he wants...im not disputing i owe money...just his charges...any advice would be welcome...louise

[veryannoyed]

If you offered to pay the council, and they refused to accept, I can't see as there is much case to answer to a bailiff.

 

I would go to the council office ASAP and pay the money over the counter - then tell the bailiff to firk off when he appears.

 

I have done this several times, works a treat - once the original debt is paid, the bailiffs never bother trying to get their 'charges' - at least in my experience.

 

The interesting thins I found out about Council Tax is that the council is not accountable for it in court - IE even though they may fail to provide you with any services, that is no reason in a court of law to excuse you from paying any part of it!!

[sequenci]

has the bailiff gained peaceful entry to your property?

 

if they haven't then the maximum they can charge you would be a total of £39.

 

write to the bailiff firm asking for a full breakdown.

 

more info here >>

 

National Debtline England & Wales | Debt Advice | Factsheet 02 Bailiffs And Council Tax

[louise35]

No hes had NO entry nor would i allow this...hes charged me for a levy but hasnt been in to make a list and has charged me for a van...i saw no van...hes coming tmrw,i have been given a couple of ideas but how do i go about this wothout getting more of a bill...

[veryannoyed]

As soon as you pay the original council tax bill off (get a receipt from the cash office obviously) the bailiff has no debt to collect upon.

The council can argue you owe them still for "admin charges" and all that rubbish, but in my experience of this situation over the past 3 years they never bother to follow up and the letters and bailiffs soon cease. Maybe it is different for your council, but certainly works for mine.

At worst case scenario, the bailiffs debt details will be completely incorrect (as you have now paid the original amount owed) so he will have to go away and come back with a new bill for just the "admin charges" and all of his, probably false (allegedly) trips to your house with a big van etc.

Don't even answer the door - don't give him ANY chance to get his foot in - leave a note pinned to the outside for the attention of Mr Bailiff, and try and get a photo of him taking the note if you can (to prove he did) from an upstairs window, for instance. If you happen to have a video camera, or can borrow one, set this up if possible to record his whole visit - if he knows you are recording him he is less likely to misbehave!

[louise35]

Is a balliff allowed to take my husbands car that is in his name...the bill is in my name?

[blfuk1]

Is a balliff allowed to take my husbands car that is in his name...the bill is in my name?

Although the liability order may have been obtained solely against you, which means the bailiff must seize only goods which are yours, they may view the car as something which is owned jointly by you and your husband and in which, therefore, you have a vested interest. For example, if the car was purchased from a joint bank account, and/or is used by you, then it could be strongly argued that you own a share of the car and the bailiff can seize that share by seizing it all. It would be unsafe to assume it could not be seized.

[veryannoyed]

No, a bailiff cannot seize anything that he cannot prove you own. Of course, they will no doubt try the "you prove it isn't yours madam", but I don't believe that to be lawful.

 

If the vehicle is subject to a HP agreement, then they can't take it in anycase (other than for an outstanding debt of the HP agreement on the same vehicle)

 

Similarly if your TV is on HP, they can't take that.

 

Also they are not allowed to take essential items - these are things like your washing machine, bed, clothes etc.

 

Also they can't take essential items of your trade - for instance tools that are required for your job.

 

In fact there isn't really much they can legally take when it boils down to it!

 

There is a good leaflet available from your local county court which is intended for people who are trying to enforce judgements - it gives a good detail of when exactly a bailiff will be able to seize goods from a debtor - after you've read this you will be a LOT better informed and 100% less worried about a bailiff visit I can assure you!

 

I now consider a bailiff's visit 'sport' - I love quoting all the 'you can't take this because' at them and then telling them to firk off empty handed... most of them are pig-ignorant thugs and have absolutely no comprehension of the laws under which they are working. A little knowledge on your part is a HUUUUUGE weapon against them!

 

Oh, another tip I find works extremely well, constantly ask them exactly "what piece of legislation are you quoting as your right to seize goods" ... they usually reply with "we have a right" and then you again repeat and keep repeating your original question. I have yet to meet a single debt collector or bailiff who has been able to quote ANY law back to me... most of them give up when you are unrelenting in this way - not because they feel threatened, I suspect, but more because they realise you are not stupid and are not going to give in like the average Joe. At the end of the day they just move on to the next poor sod on their clipboard who isn't so clued up and is much easier to dupe out of all their possessions for some trivial little bill.

 

**the views expressed above are mine only and the word "allegedly" should probably be sprinkled all over the place, naturally** ;)

 

Lastly, always remember they cannot forcefully take anything - you HAVE to let them gain peaceful entry. If you never let them into the house, they can never take anything.

 

Don't have nightmares... get a pointy stick

[Guest Zooman]

Your are liable for the original amount, cout fee and the 1st and 2nd visit charges, nothing else.

 

Let me know how you can afford (i.e one payment, three payments etc) to pay this and i will write/post a letter for you to send that will sort the matter.

[Guest Battleaxe]

Oh ho, The Bailiff Watchdog [edit please do not post links to commercial sites] gosh I am becoming a one woman alert for this firm. please contact them NOW, they will solve your bailiff problems for you. I guarantee it.

 

Fill in the query form and sit back and wait for the phone call. On no account let the Bailiff in the door.

 

If you are worried about goods being seized, have the HP agreement to hand. they are not to touch anything that is encumbered. Check it out on the watchdog site or better still speak to them and you will find out your rights.

[louise35]

Ok he should be here soon,i have it in my head what i am going to say to him and over the last 24 hours have learnt more from people on here than anyone else could have told me,i contacted the council again who agreed he did sound as he was taking me for a ride,they have assigned me a lady who i have spoken to before who promises me she will sort all this out and if i do over pay she will get me my money owede back...i cant wait to see his face when i start reeling stuff off to him,yesterday i was ready to just give up...today im fighting for my rights...thank you everyone for your advice but there is one i have to THANK as he gave it to me straight...blfuk1...you may get some gip in here but im glad you told me straigh...thanks everyone x

[louise35]

He hasnt turned up...ive been sat here with the room door open since 4pm so i know he hasnt been,theres no letter through the letterbox as i can see it from where im sat,i only have an incoming phoneline and i have no credit on my moble,the nearest phone box is a mile away so i cant ring him and why should i,im so blooming annoyed...do you think me ringing the council and seeing the CAB has made him think twice about coming to be bossy with me again...he did state on the phone yesterday he was coming between 4-6pm,i have small children here i cant get things done as im scared i will miss the door...what do i do

 

Louise

[blfuk1]

He hasnt turned up...ive been sat here with the room door open since 4pm so i know he hasnt been,theres no letter through the letterbox as i can see it from where im sat,i only have an incoming phoneline and i have no credit on my moble,the nearest phone box is a mile away so i cant ring him and why should i,im so blooming annoyed...do you think me ringing the council and seeing the CAB has made him think twice about coming to be bossy with me again...he did state on the phone yesterday he was coming between 4-6pm,i have small children here i cant get things done as im scared i will miss the door...what do i do

 

Louise

I think it's fairly safe to say he isn't coming - although he may work late. In any event you have no need to worry as he is very unlikely to make a forced entry in your absence and certainly not in your presence. You can't run your family life on the basis of watching your letterbox. If he comes, deal with him at the door. If he doesn't, he'll either phone or call another time. Calm down.......

[louise35]

Im going to the post office this morning to pay the original bill,im then going to send a cheque to Jacobs with the amount for the 1st and 2nd visit...i will make sure i send it where they have to sign for it at their end...i will then ring the lady at the council and explain to her what ive done and why i did it...hopefully this will work...hes tried to charge me for a levy and a van...he hasnt been in my house to make a levy therefore he cant charge me for a van..will let you know how this goes...thanks everyone

 

Louise

[Guest Zooman]

you neen a paper trail, if you do not have one this may not be over.

[louise35]

Whats a paper trail???..sorry to sound stupid...i have written to Jacobs and enclosed this cheque telling them what its for...and its gone registered post,ive also spoken to the lady at the council...is that not enough???...ive also photocopied everything and am keeping notes of times and visits.

[MCBIRNIE25]

A paper trail is just proof you have posted everything, etc.

[antibank]

goto the council ombudsmen

[antibank]

Local Government Ombudsman - How to complain

[antibank]

oen least thing a dca ( debt collection agent) can not take any item which is subject to a finance agreement.

[louise35]

Fantastic news...im so pleased...today i recieved this letter

 

Dear Sir/Madam

 

Re Council Tax

 

Thank you for your £39 payment.

 

We can confirm your account is paid in full and the Local Authorities balance has been paid to them direct.

 

Therefore no recovery action will take place

 

If you have any queries please do not hesitate to contact this office

 

Yours faithfully....

 

 

I am so pleased i cant stop smiling...this time last week i was a complete wreck..i honestly believe the reason that baliff didnt show was because when i spoke to him on the phone on the monday i sounded like i knew what i was talking about and not some frightened woman...he was asking for £216.50 and i was ready to believe him...i paid £53 direct to the council...even thought the baliffs letter said DO NOT do this and i sent Jacobs their £22.50 and £16.50 for 1st and 2nd visits...he was asking for £80 for a van and £90 for a levy when in fact he hadnt stepped inside my house..it felt great to send that cheque and know i was in the right...i was willing to hand that over last week just to get rid of him as it scared the living daylights out of me...THANK YOU so much to everyone who helped,i cant thank you enough...Louise x

[Guest HUSBANDKHAN]

If ever in the future you god forbid have another run with the bailiffs then read this thread . it will help you very very much.http://www.consumeractiongroup.co.uk/forum/debt-bailiffs-advice/47014-certification-ceremony.html

[djweeble]

I wouldn't have sent the bailiffs anything, after all, what could they do after you paid the bill ?

 

They're hardly going to chase you in the courts for their charges.......

 

My personal inclination would be to cancel the cheques.

[veryannoyed]

Hi Louise - see told you that once the original council bill was paid all will be fine personally I wouldn't have paid the bailiffs a single penny - there is no debt now, so what can they charge for? I have done this in the past and the bailiffs say "we'll still claim our costs" - fine says I... they never ever have

[Guest Zooman]

I wouldn't have sent the bailiffs anything, after all, what could they do after you paid the bill ?

Continue to try to levy for their fees, at the end of the day they are due there lawful fees regardless of personal opinion and have business to run the relies on the fees. You did the right thing by sending them the balance.