Help Bailiffchaser-Scum-bag Bailiffs

[mekcuf]

Would appreciate the help of Bailffchaser or any other of you experts on this:-

 

Situation: Wife and I owe Council Tax arrears of 4000 pound (dont ask how), passed to Bailiffs, we have been paying off arrears regularly ever since.

 

The last visit by them in October 06 we agreed to pay them 100 per month, and have been paying this ever since.

 

Wife calls me today (I am working and Saudi), and tell me that Bailiff called (not the same one as before), and demanded that we pay 200/month (our circumstances have not changed), that what we were paying was not enough, and that we had previously agreed to pay 200 pound/month (we hadn't).

 

Further more, he said that he would have her arrested if she didnt pay 250 immediately and 200 /month thereafter

 

He also asked where I was, she told him, and he told her that I would be arrested when I came back to the UK as well

 

This guy apparently was bulit like a brick-outhouse, and my wife was terrified of him, and he sought to exploit her fear rather well.

 

I told her to calm down, dont sign anything (she didn't), but apparently he is coming back on Friday and told her pay up or else!

 

My advice to her was:

 

Ring CAB straight away

 

Write to the Bailiff Company protesting at this guys conduct, and stating that we have paid what was agreed, and will continue to do so, and if they are not happy with this they can take us back to court

 

Contact the court who made the liability order and get them to make assessment of what we should pay

 

I understand that Bailiffs do not have powers of arrest (only wish they had)- is this correct

 

Your advise, comments etc would be highly appreciated

[tevion]

your wife nor you can be arrested, the baliff is talking crap. if possible get some friends around to be with your wife on friday when baliff turns up, prefably male. he is less likely to try and intimidate your wife infront of witnesses. if she doesnt want to speak to the baliff tell her not to open the door and keep it and windows locked. if she feels threatened in anyway tell her to call the policeand say there is someone trying to get in. dont tell the police hes a baliff. when police tun up they may not be able to do much but neither will the baliff you wont have to let him in and he wont try and give it the big un with them there. yo could even contact the baliff and tell him he will be refused entry and that there will be others in the house. he will probably make aload of threats about breaking in etc and getting the police, just ignor him and try to stay calm. also you could report him to the council for his behavior, they might try and fob you off but remind them that they are legally responsible for the conductof the people they employ.

 

now on maybe a less positive note, if your wife opens the door and she feels threatened, she can act in a way to protect herself. so if she has something long and sharp in her hand and it ends up in the baliffs chest, so be it

[tevion]

just in case anyone things i am condoning violence against baliffs (yawn)

im not, im just stating that people can act unpredictably under difficult situations, especially if they feel they or their family are threatened or in danger.

[Tristesse]

Send a letter to the Council and state that due to Harrasment you are asking that they recall the debt from the bailiff company so as you can pay them directly and avoid any further stress resulting from the actions of the bailiff company.

 

Explain to the council that should there bailiff attempt to call again you will have little choice but to in the first instance contact the police as he is acting unlawfully by attempting to extort monies out of you you simply do not have, and secondly report him to the local papers to raise peoples awareness of the companies disgusting behaviour.

 

Explain that you have been paying on time and to the arranged agreement which will only change as your circumstances do. Inform the council that you are not avoiding payment and never have done (thus you cannot and will not go to jail) and that it is after all in your interest as well as theres to get the amount owed cleared as soon as possible and at the moment £100 is the most you can afford.

 

I was also threatened with Jail and one call to the council explaining the above had the debt returned to them and they were alot more willing to deal with me.

 

 

If he does try and call again either don't answer the door or call the police and just simply tell them you are scared he might try and break in.

 

Also if you were by yourself and the bailiff was male he should have a female police officer with him.

[mekcuf]

Update

 

Wife called council who were as much use as a chocolate teapot, "its in the hands of the Bailiffs ", "Its up to them what they do" blah, blah.

 

She wrote letter of complaint to the Bailiff company concerned and posted today, however, still fuming, she rang them and told them the letter on its way and told them what happened.

 

Lo and behold, the Company apologised to her, saying their Bailiff was in the wrong, they were to have "words" with him, and instructed her to carry on paying as previously agreed.

 

In fairness to the company concerned, previous Bailiffs who called were ,on the whole, very reasonable and willing to compromise, obviously this character is the proverbial "bad apple"

 

My step-son recognised this character as a doorman in one of our towns less salubrious night clubs- enough said

[Bailiffchaser]

Do not worry. they cannot breakin. They can only break in with a fines warrant. However coppers will still treat a ordinary warrant as the right warrant for forced entry. If the bailiffs attempt anything they must have a female police officer about. A male officer will not do. As long as you do not let them in they can do f**k all. Also if you have any cars registered to yourselves transfer them to your childrens names etc pronto. Also do not forget to fire a sar off to the bailiff company. This will give you a complete breakdown. I will soon be able reveal somthing to the whole wide world which will be shocking but i cannot until i get the go ahead. Trust me it will rattle alot of people.

[mekcuf]

Just read an interesting statement from a former bailiff on another thread.

 

Apparently he said, when a Bailiff calls, he must state that he is from XXX Bailiff Co. ON BEHALF OF (Creditor),

 

Why I raise this, is because, back in October 06, we were expecting a visit from the Local council on a completely un-related matter, the Intercom buzzes, I ask "who is it"?, "XXX Council" was the reply.So as we were expecting them I let them in

 

Only when we opened the door did this character then reveal he was in fact a Bailiff from Company x

 

Does this sound like mis-representation or what?

[Bailiffchaser]

I had one call and tell me he was from medway council so i told him where to go only then did he cough up he was a bailiff.

[roughjustice]

Tevion..you seem to be a person 'after my own heart'.

 

This might be worth knowing.

 

As a 'government employee' at a 'seriously organised' department I had to undergo a training course which was at great pains to point out that in common law any person can take 'whatever steps they feel absolutely necessary to protect themselves, their property and others' the crux of it is you have to be able to swear you had an 'honestly held belief' that what you did was necessary. Prove this (convincingly) and no court will/can convict.

 

If you honestly believe it was necessary to grab a kitchen knife/club/machine pistol etc then so be it...as long as you really believe thats what it needed (under oath) then thats your right.

 

Just don't give chase,persue,instigate the confrontation as you are no longer the 'victim' but the agressor.

 

recent case of a 'large' sporting celebrity beating the cr*p out of an intruder in the middle of the night. Intruder claimed assault, was thrown out of court because home owner stated he was concerned that if he didn't 'sufficiently disable' intruder should anything happen to him his wife and kids may be at risk.