bailiffs and sheriffs

[MARTIN3030]

so who are you actually dealing with?

Where does this deadline originate from ?

Is this part of a figure that you have already paid ?

 

Have you got communication number for the baliff who you say will call after the 21st?

[paulson1985]

Hi all

 

 

The bailliff just came back regarding my unpaid council tax they said I had to pay it today or they will come round with a van and remove my goods. I informed him I did not have the money and the also said that if I did not pay it they would advise the court to send me to prison if I did not have enough goods they have never been in my home at all.

[MARTIN3030]

Paul I can only add to all the advice you have been given

Dont let them in and dont make it possible for them to get in either.

 

They are using intimidating threats but they cannot tell a judge to send you to prison.

 

 

They can send a van but if they cant get in then they cant take anything.

 

This is probably a last ditch attempt by them to get you to deal with them.

 

Hopefully they will have to return the files soon.

Dont give them any indication that they are worrying you.

 

Stand your ground.

[paulson1985]

HI martin,

 

Thanks for getting back to me and again thanks for being there when I need you .

 

 

I have no intention of letting them in .

 

They will have to break in and they cannot do that.

 

 

I hope you are right about it being there final effort.

 

The bloke that came was a huge man and looked very intimidating I told him I could not pay him I had no money and he was wasting his time.

 

He gave me 4hrs to come up with the money or he would be back with his van and a porter to remove goods although they have never levied on anything I have not sighned anything and they have never been in my home.

[seylectric]

..

[seylectric]

Hi all

 

 

The bailliff just came back regarding my unpaid council tax they said I had to pay it today or they will come round with a van and remove my goods. I informed him I did not have the money and the also said that if I did not pay it they would advise the court to send me to prison if I did not have enough goods they have never been in my home at all.

 

It is for reasons like this that I believe this group should target bailiffs and the way they act as a matter of urgency becaue the way they operate is illegal, it's harrassment and intimidation and they are deliberately flaunting the law to make sure you're worried sick into paying up. It's disgraceful. I intend to write to my bailiffs asking for compensation.

 

Let's get this clear - you can NOT be sent to prison for unpaid council tax unless you REFUSE to pay. but the point is that the issue (in the case of council tax) is between you and the council, there are no laws stating that you have to negotiate with a bailiff or DCA or anybody esle for that matter. the bailiffs have no right to recommend that you are sent to prison, no right at all, neither have the council. All they can do is take the matter to court and it's then a matter fro the judge to decide, but i reckon that you could argue that the case is unsafe because of the illgal recommendations made by the bailiffs. They're money collectors, nothing more, nothing less. They have no more rights than you or I. never forget that, and don't be afraid to remind them of it either.

 

Incidentally the law states that the council have a duty to spend our money wisely. I wish I knew WHICH law it was because I would sue the arse off them for the money they waste, I've been searching for it for years but never managed to find it. There will be hell to pay if I ever do.

[paulson1985]

Seylectric,

 

 

I am sitting here windows locked under seige once again.

 

 

I am hoping Martin is right and its there last effort.

 

The guy was certainly very indimidating though and very large witha bald head etc.

 

 

I know I dont have to let them in or anything but its pretty scary all the same

[Bonus77]

I feel for you mate, it must be a terrible thing to deal with.

 

They all say they are acting within the law, but they really push the laws with false statements and intimidation that makes people cough up money they really cant afford to.

 

Hang in there mate, if hes never been in, then you'll be ok.

 

Ive still got the fear over me that my debt has been paid, but because the bailiff had fees on top, im informed by the council that he may be back to collect.

 

If he tries, hes certainly not getting in.

[MARTIN3030]

Think I know where this legislation is ......

 

Anyway back to Paul, when the file is returned the council will issue you with a formal letter which will state that they will apply for a commital warrant.

This is standard procedure and allows you to have another chance to agree terms with them.

Because you have already been in communication with them whilst the baliffs have been on the scene,this info will already be on your files so even if it did go to court straight away (which it wont) then you have proof that you have not been evasive about making an arrangement,but merely do not wish to deal with baliffs and have additional charges.

 

You will not have any additional charges by the way......thats a good thing !

 

If they do return try and see how many of them there are and indeed if they do come in a van.

You should simply ignore them......you dont even have to speak to them but if you do try and have a witness to their threats.

[chrismc]

Seylectric,

 

 

I am sitting here windows locked under seige once again.

 

 

I am hoping Martin is right and its there last effort.

 

The guy was certainly very indimidating though and very large witha bald head etc.

 

 

I know I dont have to let them in or anything but its pretty scary all the same

PC

 

I know it is worrying, and you have already read my Philips thread and this one back to front, but the guys above are right, do not let him in and there is absolutely nothing, nada, zilch he can do, he will no doubt be annoyed and he may have a BIG bald head but it is of absolutely no use to him when the door is locked and no one is at home

 

If he tries to break in (he won't if he has any sense) phone the Police immediately and state you are a women on her own with young children in the house (if this is true) etc etc and someone is trying to break in to your house, see what they do then!!

 

Chris

[paulson1985]

Thank you bonus for your words of encouragment.

 

Why do they always pick on me when its hot? last time they were hounding me it was hot maybe they like the hot weather hoping people will have there guard down on windows etc.

 

 

I will keep you all posted of what happens next.

 

Maybe we could write a saga on this and other threads.

Wonder if anybody would pay us and then we could donate the fees to this sight.

 

He was certainly a big frightning man though.

 

Just imagine how little old ladies and people in a vunerable position must feel when they turn up .

 

It needs stopping and I intend to do something about it.

 

Its just not fair most people cannott afford these crippling tax charges imposed by the council the councils behalve like the sherriff of Nottingham did all those years ago. Were is Robin Hood.

[thewifeandI]

Do you have the means to record the conversation on their next visit? It would be useful evidence of their practices.

[paulson1985]

HI chris thanks for your reply,

 

I dont think they will try and break in not if they have any sense surley they would be breaking the law if they did.

 

 

Then again I would not put anything past these guys they try and prey on fear and somebody once said You have nothing to fear exept perhaps for fear its self.

[MARTIN3030]

Maybe it would be a good idea to have a prepared a4 sheet for people to give to the baliffs quoting the rules when they visit.

 

They would be under no illusions that the homeowner knew his rights.

 

On the bag party weekend I was informed that it is hoped that this and other subjects could be accomodated in a bigger way so I know the mods are working hard behind the scenes to make this happen.

 

Meantime the collective efforts here to further those ends can be nothing but positive ones for the cause.

[paulson1985]

I agree about trying to record there conversation but I dont have the means to do it and yes it would be usefull I agree.

 

But I will remember everything that is said and I have a friend with me who will verify the conversation.

 

Hope this will help somewhat.

[seylectric]

Now the bad news. Because it's the government chasing this, it's not their money they're spending to pursue it, so they never know when to quit.

 

After five years of partial council tax arrears and no joy for the bailiffs, the council have now employed another company who have issued a Statutory /notice or something giving me* 21 days to pay the lot or end up being declared bankrupt.

 

They're on another loser though, you actually have to voluntarily declare yourself bankrupt according to the letter I have and THAT'S not going to happen!

 

I intend to wirte back to them telling them that I've never heard of them before and have had no notification from the council that they have employd this company to act on their behalf. Just another scare tactic imo and so just as illegal as the bailiff's tactics.

 

(* = the letter is actually in my girlfriends name as she owns the property. Difficult to see how she can be decalred bankrupt with all that equity in her name!)

[paulson1985]

Seylectric,

 

 

 

Just another example of trying to stamp on the little people Sherriff of Nottingham style.

 

Please let us now how you get on.

[MARTIN3030]

I agree about trying to record there conversation but I dont have the means to do it and yes it would be usefull I agree.

 

But I will remember everything that is said and I have a friend with me who will verify the conversation.

 

Hope this will help somewhat.

 

Easiest way to do it is with a camcorder......lock up the house and sit in the garden put the camcorder in a nice position and just let it roll.

 

Failing that have you or your neigbour not got vid on your mobile ?

[paulson1985]

Martin

 

thanks for your advice re prison threat this morning.

 

I will do as you say once the file is returned providing Attilla and his mates dont come back.

 

If they do I will heed all the advice given by everybody and I am very thankfull to you all.

 

This is a waiting game They are trying to get me to cave in I wont and I do not have the money they are demanding anyway.

[paulson1985]

Still No Sighns

[MARTIN3030]

You should go sit outside and lock up.

 

Dont let them be responsible for keeping you prisoner in 90 degree heat.

 

You can be certain that with weather like this they are busy trying to fleece people who DO leave all the doors and windows open.....so maybe they wont come back..........tomorrow is going to be even hotter tho.

So they may be gone for a week !

 

That bald head will probably be very red by Thursday ha ha

 

[elsinore]

It is for reasons like this that I believe this group should target bailiffs and the way they act as a matter of urgency becaue the way they operate is illegal, it's harrassment and intimidation and they are deliberately flaunting the law to make sure you're worried sick into paying up. It's disgraceful. I intend to write to my bailiffs asking for compensation.

 

Yes, seylectric, your understandably angry post mirrors exactly how I feel about this subject. Continued pressure on the bailiffs from individuals like paulclarkson1985 and lobbying of influential bodies will bring results. Good to hear from MARTIN that there is work going on behind the scenes.

 

Incidentally the law states that the council have a duty to spend our money wisely. I wish I knew WHICH law it was because I would sue the arse off them for the money they waste, I've been searching for it for years but never managed to find it. There will be hell to pay if I ever do.

 

Another beef of mine. Local Authorities must not be alowed to slough off large lumps of debt to bailiffs and then wash their hands and refuse to become involved. They should be reminded of their DUTY.

 

Elsinore

[paulson1985]

I hope he gets sunstroke for walking round with a shaved head and trying to intimidate people by looking scary.

 

 

Why do people think a bald head is scary perhaps hes gouing thin on top and shaves it off to look better.

 

Esinor I do hope you are right that something can be done to stop this horrid way of collecting taxes etc.

[paulson1985]

Well it is now after 6.30pm and no sighn of Attila and co.

 

 

I was wondering in light of his threat to send me to prison for non payment (and it says so on the letter he gave me )does this constitute harrassment of a debtor.

 

 

I am almost certain I have seen somewhere that this is harrassment and they are not allowed to use these tactics.

[elsinore]

 

 

I was wondering in light of his threat to send me to prison for non payment (and it says so on the letter he gave me )does this constitute harrassment of a debtor.

 

 

 

You've got it in writing??

 

Whoopeeeeeeeeeee!!

 

Would tou like to post the letter on here Paul?

 

Elsinore