Bailiffs and agreement to pay

[podgydad]

Today I have sent a letter to Bristow & Sutor on behalf of my girlfriend with a proposal of payment. She has actually been paying but directly to the council, of course she should have been making them directly to the bailiff. As a result the bailiff has been calling and leaving letters which of course carry a fee, we are going to dispute these fees.

 

However the bailiff in question is refusing to accept the offer of payment in writting, only in person which I believe to be wholly unreasonable. Our letter states that if the bailiff continues to call it will be seen as harrasment. Is it possible to approach the court and obtain some sort of restraining order against them? The balance is only £205 and will be paid in 3 months.

 

Any advice welcome

[djweeble]

Why make a proposal of payment to a bailiff ??

 

If she's been paying the council direct, just continue to do so, and tell the bailiff to get stuffed:cool:

[Guest HUSBANDKHAN]

Are you on benefits or on a low income ? Take your proof to the council and that will get the bailiffs off your back.

 

 

 

[podgydad]

I was unsure about this. If the council have passed the matter to the bailiff, don't you have to deal with them? I had a conversation with the specific bailiff last night on the phone. She refused to acknowledge or accept a proposal in writing, she was very aggressive when I told her that I didn't care what her companies policies were, just what the law says. She said that she would continue to call until my girlfriend spoke to her. I told her that I urged her in the strongest possible terms not to do this as it would be seem as harassment and we would call the police to have her removed and seek a restraining order.

 

Am I right in my understanding that unless they have gained access, they can only charge for a 1st and 2nd visit?

[Guest HUSBANDKHAN]

If your balance is £205 is this the balance with the bailiffs or the council ?

[djweeble]

Am I right in my understanding that unless they have gained access, they can only charge for a 1st and 2nd visit?

 

YES, but don't even pay them for that, tell them to take a running jump !

[podgydad]

The debt to the council is £205, the bailiffs can't tell me what the debt to them is as the file is out with the enforcement officer.

 

I have now changed my advice to my girlfriend, to pay the money direct to the council and let the bailiff whistel for their fees. Am I right that they would have to launch a small claims action to recover their fees or is it covered by the existing liability order?

[Guest HUSBANDKHAN]

Keep on paying the council and if the bailiff turns up call the cops.

[Guest Zooman]

Right I am getting sick of all this, the Bailiff has a right to call granted to him by the court he can not be done for harassment. I guess the bailiff has never been in the house? let me know and I will write a letter to the bailiff and post it here.

 

I'm coming back to the debt forum as the advice being given is crap and it going to back fire against the users.

[podgydad]

Thanks Zooman.

You are right in that no entry has been made, my suspicion is that this is the reason the bailiff is insisting on negotiating payment in person, to somehow obtain peaceful entry.

 

Does the bailiff still have a right to attend repeatedly even when an offer to pay has been made? Why does she feel the need to attend in person to discuss it with my girlfriend? My only conclusion is that it is far easier to intimidate in person than in writing. Is it reasonable for the bailiff to refuse to accept an offer to pay in writing. Surely their actions are not reasonable in these circumstances and can be seen as harassment?

 

It would appear from reading these threads that bailiffs repeatedly break the law and are allowed to do so without anyconsequence.

 

Zooman, can you confirm for me what a bailiff collecting council tax arrears can and can't do?

 

Can you advocate continuing payments to the council as opposed to the bailiff?

 

Please find below a letter I have already sent.

 

Dear Sir/Madame ,

 

Further to the conversation my boyfriend had with your office this morning, I would like the following issues noted and my proposal for payment agreed.

 

•I have been making regular payments directly to Coventry City Council.

•I have tried numerous times to get in touch with your office both via email and phone to resolve this matter.

•My boyfriend has left several messages with your agent Karen, she has not returned his calls.

•I am disputing the validity of the additional charges levied against my account.

•I am asking that all further correspondence be made in writing, I will not enter in to discussion with a bailiff in person.

•Your failure to allow me to enter in to an agreement to pay over the phone is obstructionary and unreasonable.

•Please provide a full and accurate statement of my account, showing the Council Tax liability plus your charges, and details of what these charges are for.

 

I propose to continue making payment of £85 per month to clear the Council Tax liability of £205.52 direct to yourselves via online banking on the 28th of each month. Please provide me with your account details to facilitate this.

 

We believe that this is a fair and reasonable offer, any further visits from your officers will be seen as intimidation and we shall seek recourse through legal channels to have them stopped.

 

I look forward to hearing from you within 7 days.

[Guest Herbie]

A bailiff will be attending to "enforce a warrant". That is their legal instrctions.

 

Believe it or not, if you take the strict meaning of their regulations, a bailiff will attend to "levy" and not to take payment. That may seem strange, and it is....in particular that from figures released in 2004, apparently only 4% of visits result in goods actually being taken.

 

Remember, if the bailiff arrives at your home, they will attempt to gain "peaceful entry". By doing this, they will have managed to get into your home...and then you will persuaded to sign a "Walking Possession" document. This is of course where the costs start rising....

 

Try if possible NOT TO ALLOW THE BAILIFF INTO YOUR HOME....

 

In regards to Council Tax: Under Schedule 5 of the Administration & Enforcement Regulations it is clear that a bailiff can charge the following:

 

For a 1st Visit, to "attend to levy" £22.50

 

For a 2nd visit, to "attend to levy" £16.50

 

If the bailiff wishes to visit you 10 times, he can, BUT HE CAN ONLY CHARGE FOR THE FIRST 2 VISITS.

 

 

Please note: that the purpose of the visit, is to levy....if he has NOT done this, then the ONLY charge can be for "ATTENDING TO LEVY".....which is £22.50

[podgydad]

My concern is, and you hear it here so often, is that often they do attempt to make entry and often it isn't peaceful. Of course, then its just your word against theirs.

 

Is there any legal way we can stop them attending while this debt is repaid?