Awful intimidating balliff

[wanderlust]

Hello.

This is my first post and I am literally shaking from my encounter with a baliff. I would like to know if there is anything I can do about the actions of this baliff, who can I complain to.

 

I always pay my council tax for years by direct debit. Last year my husband died and I missed three payments. That was the first time every...and the council did not retake the direct debit..they passed it to baliffs. This was my fault as with things happening with my husband being seriously ill I wasn't on the ball.

 

When I realised I went through my account and saw three payments were missed and I paid the council the money owing but by this time charges had built up....the council charges and baliffs.

 

Baliffs were arriving at my home...always when I was out...so I wrote to the council to try and get the charges waived but they wouldn't do anything.

 

Today I got home and another baliff letter was through my door saying i owe £509. I called the baliff and asked for a full breakdown and he agreed with me it was all charges. I said they were not reasonable. £509 charge to collect £218 which had now been paid.

 

He said I could pay £85 a month but I would have to sign a loan agreement secured on something......I said I could afford £20 a month but he said no.

 

So I said how can I stop this...he said only the council could stop him....so I told him I would call them and let him know what they said.

 

I called the council and they said there was nothing they could do but that I shouldn't be paying full council tax and that they would send a form for me to get some kind of discount. They told me to go to the Citizens Advice to sort out the baliff

 

So I called the baliff back and told him this. He said right I am coming around to your house and I'm going to seize your goods. The next minute he was at my house...had blocked my car in and said he was going to load it up and take it into secured storage.

 

How horrible was that. If I never had called him back in the first place to tell him what I was doing to sort things...that wouldn't have happened but he was so horrible he came back the same day to my house and did that.

 

I didnt open the door all this was on the phone but I was shaking....so I phoned my family and borrowed the money and called the baliff head office and paid it...but I still think its totally excessive and threatening behaviour of theirs to get the money. I said I wanted to complain and was told to write in to a compliance officer.

 

Do I actually have a complaint though against that baliff? Or was he acting in the law? Should I just let it go.

 

I called him back and told him I had paid and how awful I thought he had been to me frightening me like that to get the money especially knowing my husband had just died thats why I missed the payments. He just said he was acting in the law.

 

I hope that never happens to me ever again it was a horrible experience I never wish to repeat. I'm so upset.

[dx100uk]

Name and shame please

 

If you are due back dated benefits the bailliff should have been called off because the lo figure is obv wrong?

 

DX

[i hate bailiffs]

Sorry for your loss

 

The bailiff is acting out of line he is a disgrace and not acting with in the law

I would say you fall into vulnerable category with your loss bailiff action should stop

 

Complain to ceo of council

Copy local MP and councillors

 

The bailiff is a powerless bully

[brassnecked]

Agree with DX and IHB, name and shame the bailiff and council. If they backdate, the bailiff fees will still most likely stand unfortunately, even if the council tax owed has reduced; the bailiffs will want their lawfully applied beer money to which they are entitled. This specimen needs to be faced with a similar situation themselves as Karma.

[ploddertom]

The sad thing is that even while Benefits are being sorted out you are supposed to carry on paying. When they are eventually sorted then any overpayment will be credited against any further bill unless you ask for it to be repaid. Given the circumstances outlined here I would be engaging the services of your local Councillor - in my view you should have been clearly identified as vulnerable at the time. Unfortunately the Bailiff has done little wrong as he is carrying out the instructions give - may be morally wrong.

[brassnecked]

Agree with PT regarding involving local councillor. Looking at how the EA has acted, I wonder if this council has a serious Capita infestation.

[outlawla]

Don't know how relevant these LGO reports are to this particular case, but they are worth a read if you are disputing recovery action whilst benefit claims are being sorted:

 

98A04300

 

99a02636

[GrumpyToSayTheLeast]

Ok, I understand your feelings, but from what I can see, you have no complaint against the EA. Or qt least one that wouldn't be agreed with either by the bailiff company or by the courts.

 

The bailiff was acting within the law.

You had identified you were in, so the bailiff attended. That is standard practice.

You have said your husband passed away, and I am sorry for your loss.

But, having someone pass away does not make a case unenforceable, it may dely enforcement, but wont stop it.

Typically, we would allow somewhere between 6 weeks to maybe 2 or 3 months for grieving, but we must then continue. We cant allow an indefinite period of time to allow for grieving. Anything more than the specified time would then require a doctors note etc as that would appear to be more depression that grief.

I know this sounds harsh, but its been tried and tested in court and has been proven to be an acceptable time scale.

I fear if you start trying to complain to everyone that you can, its just going to waste your time. You would be better off putting this behind you and moving on with your life.

 

Fees wise though, did he state what the breakdown was?

It should have been the original debt + £75 compliance + £235 enforcement cost. He may have added the removal cost of £110 also but we would need a little more detail on whether he did more than just block your car in. Did he call a tow truck?

If the council should have returned the case while a benefit reassessment took place, then that is a complaint against the LA rather than the bailiff.

[brassnecked]

Don't know how relevant these LGO reports are to this particular case, but they are worth a read if you are disputing recovery action whilst benefit claims are being sorted:

 

98A04300

 

99a02636

Most enlightening, perhaps wanderlust should point their local councillor in the direction of those reports, especially if it transpires that this council is infested by Crapita.

[mikeymack2002]

Having read this thread several times including the attachments maybe it is time for the claimant to wise up now and routinely record ALL BENEFIT CALLS, this way if an error comes to light then there cannot be any argument from the council!

 

 

I for one when dealing with all "debts/claims" regardless if a benefit or insurance I record the call. It has come to my aid several times to get me out of a hole..

CAG has a bulletin regarding recording calls and people should now take this under advisement. it could be the difference between a letter saying sorry from the LA or having your wealth reduced and chattels removed.

 

 

As afar as infestations go a serious reform/investigation should take place. Not only to see if there are issues that can be fixed but to route out mismanagement of claims and received information...

[slob]

Sorry but I can not see anywhere the OP says she is waiting for some benefit to be sorted. She says when she spoke to the council she is entitled to some discount.

 

 

I think this is more than likely the single occupant discount given by most councils (in my case 25%).

 

 

Any council should be able to action and back date this immediately.

[brassnecked]

.

Sorry but I can not see anywhere the OP says she is waiting for some benefit to be sorted. She says when she spoke to the council she is entitled to some discount.

 

 

I think this is more than likely the single occupant discount given by most councils (in my case 25%).

 

 

Any council should be able to action and back date this immediately.

Well yes they should be able to do, but that won't wipe out the bailiff fees, they will still stand unfortunately

[slob]

.

Well yes they should be able to do, but that won't wipe out the bailiff fees, they will still stand unfortunately

 

 

Yes but if its backdated a year to her husbands death it should go a fair way to paying them off. At least based on band c charges in Chelmsford.

[brassnecked]

Yes but if its backdated a year to her husbands death it should go a fair way to paying them off. At least based on band c charges in Chelmsford.

The council will probably apply it to the current bill rather than pay it back