CTAXt and Swift Credit Services Bailiff - said CAN and will force entry if we dont cough up - paid them

[mysticf4lls]

I fell into arrears with council tax after myself and my husband were made redundant and I was forced to take a new job at a significant pay cut and my husbands health deteriorate to a point where he has been unemployed for the last year.

 

 

On the 29th March I received a phone call from a Bailiff who informed me that he was at my home with a locksmith the force entry on my rent property to seize goods.

 

 

The bailiff was acting for the council in regard to a council tax arrears of £1210.00.

 

My husband was at the property and suffers from mental health issues with my 4 dogs and no one had knocked the door.

 

 

I explained to the bailiff that my husband was at the property with the dogs and his health condition, however I was told to make the payment or they would force entry.

 

 

I explained that there was no way I could just simply come up with £1210.00 and he send they would force entry and start removing goods.

I asked why I had not been notified of the action and he stated that they had sent letters 3 days prior.

 

He then told me I had 10 minutes to find the money or action would be taken.

I was in a state suffering from stress and depression myself.

 

 

Whilst on the phone to my employer to see if work could assist I received over 20 missed calls from the bailiff and text messages such as 'Are the dogs dangerous?' 'Where going in, times up' etc.

 

To cut the story short

the company I work for raised the £1210 to pay the bailiff,

which has left me seriously in debt to my employers and now completely unable to feed myself or my husband and meet monthly bills this month.

 

 

It was only at this time that I was then told that a dog handling unit had gained entry to the rear garden and seized my dogs and I would have to collect them.

 

I picked my dogs up that evening

but however was taken seriously ill at home with anxiety and rush to hospital.

 

My questions are:

 

* Was the Bailiff in his right to

a) force entry

b) seize my dogs from an enclosed garden where they posed no danger

 

* I received no communication regarding the visit and only have the bailiff's word that letters had been issued 3 days prior

 

* I still have not received a receipt for the payments,

should I contact the council or company to request my receipts?

[unclebulgaria67]

No forced entry to the house for council tax, but they can to unconnected garages, sheds. Also they can target goods outside such as cars you own.

 

You should have had notice of enforcement giving 7 days notice.

 

Complain to the Head of council in writing, threatening to involve the local government ombudsman. The enforcement company misrepresented their powers and had no legal right to touch your dogs.

 

If it were me, i would also make a formal complaint to the Police.

[mysticf4lls]

Thanks for your reply unclebulgaria,

I will write a letter to the council over the weekend regarding the matter and will also write to my local mp.

 

 

I contact the police during the ordeal and was told that it was a civil matter and they would and could not get involved.

 

 

However they offered to attend the premises due to my husbands disability to reassure him but the bailiff kept pushing me for payment over the phone and refused any payment plan offer etc.

[ploddertom]

Who did the dog handling unit belong to? How is access to your rear garden obtained?

[suffering]

If you explained that the person in the property has mental health issues then the Enforcement agent had no right to enter.

as they are not allowed to enter when a vulnerable person is in the property.

 

 

so they acted outside their own guidelines,

they used intimidation tactics to frighten you into taking extreme measures to pay an amount you could not afford.

 

 

it may be worth while contacting the council to explain your circumstances to see if you qualify for a reduction in council tax and maybe a rebate.

[Bailiff Advice]

I fell into arrears with council tax after myself and my husband were made redundant and I was forced to take a new job at a significant pay cut and my husbands health deteriorate to a point where he has been unemployed for the last year. On the 29th March I received a phone call from a Bailiff who informed me that he was at my home with a locksmith the force entry on my rent property to seize goods. The bailiff was acting for the council in regard to a council tax arrears of £1210.00.

 

My husband was at the property and suffers from mental health issues with my 4 dogs and no one had knocked the door. I explained to the bailiff that my husband was at the property with the dogs and his health condition, however I was told to make the payment or they would force entry. I explained that there was no way I could just simply come up with £1210.00 and he send they would force entry and start removing goods. I asked why I had not been notified of the action and he stated that they had sent letters 3 days prior.

 

He then told me I had 10 minutes to find the money or action would be taken. I was in a state suffering from stress and depression myself. Whilst on the phone to my employer to see if work could assist I received over 20 missed calls from the bailiff and text messages such as 'Are the dogs dangerous?' 'Where going in, times up' etc.

 

To cut the story short the company I work for raised the £1210 to pay the bailiff, which has left me seriously in debt to my employers and now completely unable to feed myself or my husband and meet monthly bills this month. It was only at this time that I was then told that a dog handling unit had gained entry to the rear garden and seized my dogs and I would have to collect them.

 

I picked my dogs up that evening but however was taken seriously ill at home with anxiety and rush to hospital.

 

I can say with all honesty, that I have never come across such behaviour before.

 

You say that this is a council tax debt and accordingly, there is NO provision to force entry into your property.

 

Although it should not matter, can I just ask what breed of dogs were taken?

 

In the morning you absolutely MUST contact the council as they are wholly responsible for the behaviour of the enforcement agent.

 

PS: I am assuming that the council tax arrears are in your name as opposed to a business name?

[brassnecked]

What bailiff company was this? Seems to me they have been very naughty. No right of foirced entry for council tax.

[dx100uk]

this is disgusting

whos the ruddy bailiffs company??

 

 

you seriously need to get on to the council CEO tomorrow and complain loudly.

 

 

i'd be demanding that money back too!!

 

 

dx

[brassnecked]

this is disgusting

whos the ruddy bailiffs company??

 

 

you seriously need to get on to the council CEO tomorrow and complain loudly.

 

 

i'd be demanding that money back too!!

 

 

dx

Wonder if this is a Capita infested council? OP definitely needs to be asking questions, and fire off that complaint.

 

Were the dogs in the back, was the gate locked which meant they climbed over it or a fence to gain access to the back?

[unclebulgaria67]

If ever a case warranted an official court complaint to get the enforcement agents licence removed, this is one such case. I don't think the enforcement company would bother to defend and they would dismiss whoever was responsible.

[mysticf4lls]

Hi guys,

 

Thank you all for your replies. The dogs were behind a bolted gate at the rear of the property, my husband out them out after I rang to advise that there were people out there and the police would be there to help. The dogs are a king Charles spinal, Yorkie, dashound, and a miniature schnozer. Have a meeting with my local MP this afternoon and am awaiting a callback from the Head of Finance at the council. The company was Swift Credit Services, have complained to them about the way the enforcement officer behaved but they just said that I needed to take it up with the enforcement officer.

[brassnecked]

So how did the bailiff access the back was the gate locked? What council is this?

[mysticf4lls]

The gate was bolted on the inside they would have had to climb over and unbolt the gate from the inside. It's Swansea brassnecked.

[brassnecked]

The gate was bolted on the inside they would have had to climb over and unbolt the gate from the inside. It's Swansea brassnecked.

Thanks don't think the 2014 Regulations permit climbing over a fence or locked gate is the back fence the permitted 2 metres or low enough for them to step over it?

 

Others will doubtless be along soon to advise in the light of the further information you have provided. We might even get an input from the Enforcement Agents who post on here, often with very useful advice.

[Bailiff Advice]

The gate was bolted on the inside they would have had to climb over and unbolt the gate from the inside. It's Swansea brassnecked.

 

I was expecting you to come back to say that the 4 dogs were bull terriers or something similar !!!

 

When bailiffs attend a property they should ensure that they enforce all debts that may be on their system at the same time (this is to avoid 'multiple' enforcement fees being charged).

 

For example, a couple of days back, I was assisting a debtor regarding a Magistrate Court fine (for using a TV without a valid licence) and the amount owed was almost £2,000. The bailiff threatened to force entry (which he is entitled to do). It transpired that out of the £2,000, almost £1,200 was for unpaid Dart Charges.

 

In your case, are you certain that the debt being enforced was only for council tax?

[mysticf4lls]

Hi Bailiff Advice,

 

The debt was only for Council Tax, one in my name for my previous property for £76 and £75 compliance fee, and the 2nd for myself and my husbands current property for £659 plus £75 compliance fee and an enforcement fee of £325.00.

 

The letters from the company arrived 2 days after the incident with the bailiff detailing the enforcement amounts

Edited April 21, 2017 by mysticf4lls

[Bailiff Advice]

I am assuming that the bailiff has never previously been into your property and listed items on a Controlled Goods Agreement?

[mysticf4lls]

Hi Bailiff Advice,

 

No this was the first time and I've never had previous dealing's with Bailiffs before this.

[brassnecked]

Complain to the Council CEO and outline to your MP the whole sorry tale, looks like a Council mess up Swift need a kick for this especially if there was no Compliance Letter where the fee would be £75.

[unclebulgaria67]

So Swifts enforcers basically kidnapped your Dogs as a ransom to obtain the money. That is how it would look to most outside observers, given the type of dogs mentioned.

 

I would be involving the Chief Constable for South Wales Police, if their officers refused to investigate what happened.

[suffering]

Where in the bailiffs hand book does it say use extortion, deceit, kidnap and blackmail to enforce the law.

Basically if they do not adhere to their own guidelines you have a case against them

[mysticf4lls]

Thanks guys.

 

Feel really stupid for allowing them to extort money from me,

but at the time was terrified for my husband and the dogs.

 

I totally believed what was being threatened and with it being a rental property was in fear of them forcing entry and having to explain to my landlord.

 

Met with my local mp today and he is disgusted by the actions of the bailiff and council and is writing to both parties in formal complaint.

 

He is also going to sort a reduction in Council Tax in light of my situation and apply for a refund of all bailiff charges etc

 

He has also arranged for the police to take a statement and requested details of the dog handling unit.

 

Will keep you updated. P

 

 

Need to draft letters to Swift and council myself over the weekend to support the mps letters.

[suffering]

Well done mysticf4lls it takes people like you to stand up to these bullies. Hopefully its the commission greedy bailiff who's going to feel stupid, when hes asked to explain his actions.

[mysticf4lls]

Update ....

 

Yesterday received a Default warning from Swansea Council regarding this years council tax (2017-2018). They are demanding £124 payment (1st payment within 7 days) or they will pursue court proceedings in respect of this years liability.

 

How can they act in such a way that is causing more harm to myself and my husband?! They got £1210 by force at the beginning of the month, I have had to rely on a food bank just to feed us this month as they have left me with no money to pay other essential bills and now they are threatening to take this years liability to court when it's not even the end of the month?! Am going to go and see them on Wednesday but any advice on how I deal with this would be much appreciated.

[unclebulgaria67]

They are just following standard process for this year.

 

If you can claim council tax help from the council, you need to complete the councils form for them to assess what tax reduction you may be entitled to.

 

You should be pursuing a formal complaint about what happened and going to the Local Government Ombudsman.