ctax debt - baillifs and removal threat at Rented accomodation.

[SlothBro]

Hi everyone!

Sorry for the slap dash post but I am currently in urgent need of help in regards to bailiffs.

 

Today I was at my girlfriends house when a pretty big bloke knocks the door her mother goes and answers it expecting nothing.

 

Turns out its a bailiff looking for money that is owed due to non payment of council tax

[its something to do with when ny girlfriend went off to uni and they were still paying her mother tax credits and they wanted the payments back, something like that ].

 

hes there for ages and says hes going to clamp the car and he goes to get a big chain and one of those big wheel clamps and starts doing to the tyre in with it

 

- the car is not in my girlfriends mother name and she's telling him this eventually after so long she finds the documents to show him and he unclamps the car.

 

Then hes saying hes going to come in the house to do inventory and I tell her not to allow entry as he has no right to access the property which I am sure is true

[was just rattling things off I'd heard to help against the bailiff].

 

however long goes by and he says he'll be back at 7am tomorrow with a removal van to start collecting things

- the thing is is that the property is rented and also furnished

[in the tenant agreement]

if this is the case which it is does that mean that the bailiffs will not be able to remove anything from the property?

 

Also what other things can be said to stop the bailiffs?

 

She offered to pay £250 at the door because that's all she had and at least it was a start but the bailiff declined the offer.

 

I've read things such as court warrants being needed to allow any access to the property/removal of goods and also a police officer has to be present but I am not sure how true these statements are?

 

Long story short

- Bailiff coming back tomorrow but house is rented with furniture,

can bailiffs remove anything from the property

- what/who does the bailiff need present to remove/gain access to the property?

 

Any help I will be grateful for as this is not a situation I wish upon anybody!! All and any help appreciated!

 

Thank you, Sloth.

Edited September 6, 2015 by Andyorch
Paras added

[SabreSheep]

Hi Sloth, I will flag this to the rest of the site team for you.

[AndyOrch]

Hi and Welcome to CAG

 

How much does she owe in total Slothbro?

 

Regards

 

Andy

[SabreSheep]

In regards to the furnished items in the flat, I assume there is an Inventory signed by the Landlord/Estate Agent.

[SlothBro]

Hi Sloth, I will flag this to the rest of the site team for you.

Thank you very much!

Hi and Welcome to CAG

 

How much does she owe in total Slothbro?

 

Regards

 

Andy

It started off at around 300 and now it's up to about 600-700ish with all the added fees and such.

[SlothBro]

In regards to the furnished items in the flat, I assume there is an Inventory signed by the Landlord/Estate Agent.

My girlfriends mother is renting the property off her own brother [so the uncle]. I dont think there are any official invetory lists at all just a signed tenancy agreement

[dx100uk]

There is no right of forced entry on ctax

Simply ignore him for now

 

What letters have been delivered notice of enforcement?

 

Dx

[SlothBro]

There is no right of forced entry on ctax

Simply ignore him for now

 

What letters have been delivered notice of enforcement?

 

Dx

As far as I know there has been a 7 day notice before bailiff turns up [which is about now] and also a Final Notice that was handed today when the bailiff was here. Apologies for not quite understanding some of the terms used.

 

He is coming back at 7am with a removal van.

[AndyOrch]

Are you sure its Council Tax...was she aware of the Liability Order ? As she not made any arrangements with the council with regards to payment?

[SlothBro]

Are you sure its Council Tax...was she aware of the Liability Order ? As she not made any arrangements with the council with regards to payment?

 

I think arrangements were attempted to be made she said that she had spoken to the council[?] on the phone Tuesday and now all of this all of a sudden out the blue [besides the letter]. She told the man on the doorstep she could upfront pay 250 as a start but he just said no.

 

Apologies yet again for being vague it's not my current situation I'm help trying to help as a bystander

Edited September 6, 2015 by SlothBro

[AndyOrch]

Well the only thing I can advise is to see if they return tomorrow...offer the payment again and ask for a payment arrangement for the balance.You state that he wanted to gain entry to complete an inventory.....well there is no point returning until this has been completed and if there is anything that can be placed on the inventory.

 

I would ring the Council first thing and try to come to a payment agreement.

[SlothBro]

Well the only thing I can advise is to see if they return tomorrow...offer the payment again and ask for a payment arrangement for the balance.You state that he wanted to gain entry to complete an inventory.....well there is no point returning until this has been completed and if there is anything that can be placed on the inventory.

 

I would ring the Council first thing and try to come to a payment agreement.

 

Thank for your help so far!

 

 

once he realised he could not take the car he was trying to gain access to the house to "write down a list of posessions"

or something along those lines which I believe is called a levy?

The man has not stepped a foot inside the property yet.

 

 

Can my girlfriends mother just flat out tell the guy he can't come in and to leave?

And what if the man possesses a court warrant [is this a thing?] to gain access to the property?

I'm not quite sure how these things work

 

 

so sorry for any kind of silly questions

 

 

just trying to cover all bases so she doesn't get shafted tomorrow.

 

Thank you!!

[AndyOrch]

https://www.gov.uk/your-rights-bailiffs/what-you-can-do-when-a-bailiff-visits

[SlothBro]

Again thank you so much! What about in regards to goods being removed from the house that are not the mothers? Is this fact ignored without a valid inventory list?

[AndyOrch]

Well as you can see from the link above......

 

Firstly you dont have to let him in....and

 

What bailiffs can and can’t take

 

If you let a bailiff into your home, they may take some of your belongings to sell.

 

Bailiffs can take luxury items, eg a TV or games console.

 

They can’t take:

 

things you need, eg your clothes, cooker, fridge

work tools and equipment which together are worth less than £1,350

someone else’s belongings, eg your partner’s computer

You’ll have to prove that someone else’s goods don’t belong to you.

[Bailiff Advice]

As far as I know there has been a 7 day notice before bailiff turns up [which is about now] and also a Final Notice that was handed today when the bailiff was here. Apologies for not quite understanding some of the terms used.

 

He is coming back at 7am with a removal van.

 

It would seem from what you have posted that a Notice of Enforcement had been received but unfortunately, (for one reason or another) your girlfriend's mother did not make payment (or submit a payment proposal) within the period outlined in the notice and accordingly, the case was passed to an individual bailiff for the purpose of 'taking control of goods'. This visit attracts an enforcement fee of £235.

 

Given that the debt is for council tax (as opposed to a criminal court fines) there is no right to force entry, and all that your girlfriend's mother needs to do is to speak to the bailiff from the window to reiterate that she is not refusing to pay and that given that she does not own any of the items in the property, that you does not want to allow a bailiff into her home and that she would like to make a payment arrangement on the basis of an immediate payment of £250 with the balance being paid on a monthly basis. If the bailiff refuses to accept payment, then she should advise the bailiff that she will be left with no alternative other than to make payment to the council.

[ploddertom]

I fail to see what he thinks he is going to be able to take if he turns up in the morning as he has not Taken Control of any Goods.

 

 

There is no obligation to let him into the home at all and he must gain entry by peaceful means - usually by allowing him in.

 

 

Under normal circumstances I would have suggested allowing him entry to prove there are no goods of value to take

- most household goods are exempt these days anyway.

 

 

However in this situation the tenancy is via a family member & no inventory appears to be present

- this therefore suggests it could be difficult to prove who owns what.

 

 

Therefore in my view he should definitely be kept out & in doing so he will be powerless to do much at all.

 

 

He should realise the futility of the situation and return it to the Council

- more fool him for refusing the money offered originally.

[dx100uk]

can we just complete the key players please

 

 

the bailiff company is

the council is

[SlothBro]

Thanks you everyone for your help. Everyones off to bed now an I will inform you all of how it went in the morning. I told my girlfriends mother under no circumstance to let anyone into the property so all should be well. Again thank you all ever so much for your help.

[ploddertom]

Just make sure she understands that all external doors are kept locked - even when putting the bin out. A Bailiff may enter through a closed door that is unlocked but at this stage cannot force entry if he is locked out.

[Miss Hope]

Don't let the bailiff in, not even if he just says he wants to come in and talk. Say no. If you have a chain on the door, open the door that way and talk through the chain. If the bailiff puts his foot in the gangway of the door, that will then constitute a "trespass". Tresspassing is a criminal offence. If you haven't got a chain, get one for future use anyway.

 

Otherwise talk through the letter box or window. Better still, on the phone. Ensure all door are locked so he can't pull a fast one and gain entry.

 

Tell the bailiff that the goods/furniture in the property do not belong to you and show him a copy of the Inventory from behind the door. Items not on the Inventory, say they belong to your sister, mother, brother, uncle or whomever.

 

Keep your cool. Be firm. Negotiate a payment plan for what you can afford. Let's hope he accepts.

Good Luck.

 

PS. My advice is based on my own experience and knowledge.

[Bailiff Advice]

can we just complete the key players please

 

 

the bailiff company is

the council is

 

If a bailiff company or bailiff has acted in such a way that a formal complaint should be made then the name of the bailiff company and the relevant local authority would be relevant. In this case, there does not appear to be any wrongdoing on the part of either so I cannot see a reason why we need to be asking for this info.

[brassnecked]

If he is let in and does make a list and Take Control of Goods, he will be able to apply the extra £110 Sales Fee when he returns with a van when she defaults on the unaffordable arrangement he will set up. many bailiffs engineer a default to be able to do this.

 

Best follow previous advice and not let him in, keedping all doors locked. Since April 2014 bailiffs are not allowed to climb in trough a window.

He has no right to break in or otherwise force entry at this stage. And no he does not neeed to take control of goods to set up an arrangement no matter what he claims.

 

Might be an idea to film his visit with a phone even, but keep the footage for evidence in case a complaint is needed later on, Do NOT post any footage to YouTube though.