bailiffs forced entry?

[muchy]

Hi i have been having problems with the council and bailiffs now for 6 months , the bailiffs currently have a walking possesion order ( my son opened the door) , when they came in they issued me with further unpaid council tax bills to which i have been trying to show the council i do not owe these debts as i was on benefits at the time of these debts. The council are still adament i owe these debts, i have proof that i dont , i have sent a letter to bailiffs to offer to pay 10.00pw i had a reply back stating that i have to pay 30.00 pw this i cannot afford as i am a single parent and a student on low income, i have now had another letter stating that enforcement officer will be visiting my home , please can u explain forceable entry , can they break my door down ? can they employ a lock smith ? can i bolt my door from inside? ..... I have also written to my local counciller who is looking in to this for me , can i apply to the court to have a hearing with them to prove i do not owe these debts???

 

any help would be appreciated

[tiglet]

firstly, how old is your son? this will affect whether they ahve acted lawfully in entering your property or not.

 

Secondly, write a letter to your council cc-ing bailiffs and your local councillorstating the problem and that the account is in dispute. Give them 7 days to respond or you will involve the local government ombudsman and your MP.

 

Hopefully that will get things moving.

[PizzaMaker]

I must also ask the question, how old is your son?

 

With benefits, if you have to reapply for them each year, if you do not do this within the allotted time scale, then the council will assume that you should pay council tax for the period that you were not receiving benefits.

 

This happens a lot within councils.

 

Did anyone sign the walking possession agreement?

[muchy]

Hi there yes my son opened the door whilst i was in my bedroom he is 5 years old and from what i can work out he told the man to come in , yes the walking possesion agreement was signed by me as he was in my house and was threatening to take my goods there and then. I have had the account placed on hold numerous times by the council now , and they have now taken them of hold , i have informed my local counciller whom is looking into this for me... Yes i renewed my claims at the same time as my housing benefit was due and if there was a discrepcy with my council tax payment then there would of been problems with my housing benefit also which i have pointed out to the council , but still to no avail.

[tiglet]

Muchy, if you pm me, I will try to help you tomorrow - it llooks as if there are a myriad of problems needing sorting out here - let's talk and see what we acn do.

[KJD]

Oh Muchy - I cannot tell you how appalled I am that a bailiff allowed himself to enter your house on the say so of a 5 year old! :-x

 

Any decent human being would not have taken advantage of that situation.

 

My son opened the door to a debt collector and was badgered for my whereabouts / phone number / etc. Fortunately he was 12 and quite savvy so played dumb, but to expect a five year old....

 

How sad that you now have to warn him about people coming to the door of your own home.

 

Tiglet seems to be a real font of wisdom from what I have seen on this site, so you have found an ally now.

 

Good luck hun x

 

(Off to fume and slam doors now!)

[davefirewalker]

Hi....

 

below is an excerpt from the bailiffs code of conduct..

Interesting reading

 

The NSEA is endorsed by a range of central and local government departments and the bailiffs' trade bodies, all of whose members should comply with it.

 

Enforcement agents should:

 

Carry out their duties in a professional, calm and dignified manner. This includes dressing appropriately and acting with discretion and fairness.

They must not misrepresent their powers or abilities, or discriminate on grounds of gender, sexual, orientation, age, ethnicity, race or religion

Produce identification and authorisation on request

Communicate clearly and provide information (on charges etc) prompt

Have arrangements for translation services and provision of information in large print, Braille etc

Provide procedures for identifying and dealing fairly with vulnerable debtors such as people who are elderly, disabled, those who have been bereaved recently, lone parents, pregnant women, unemployed people, people with language difficulties.

 

The conduct of levies

 

'Unlawful force' should not be used to enter any premises

If the Police are called to deal with a breach of the peace, their presence must be explained including that they are not there to help with the levy

If the only person present is or appears to be under 18, the agent must depart, but may ask when the debtor will be home. If the only persons at home are children under the age of 12, the agent must simply leave.

Bailiffs should avoid so far as is practicable avoid disclosing the purpose of their visit to anyone who is not the debtor. Relevant documents should be left in a sealed envelope addressed to her/him

Visits should ideally only be made between 6am and 9pm (or any time that the debtor is conducting business). Visits should not take place on Sundays, Bank Holidays, Good Friday or Christmas Day, unless legislation or a Court permits this. Respect for other religions and cultures should be upheld, and visits avoided on appropriate festivals and holidays.

Goods that are clearly those of a child should not be seized

Bailiffs should take all reasonable steps to satisfy themselves that the value of goods seized is proportional to the debt and charges owing

When goods are removed, receipts should be given to the debtor

Debtors must be notified of fees on each visit and of the fees that will be incurred if further action takes place

Copies of the NSEA should be available from the offices of the agencies, from the agents on request and if possible from the creditors themselves

There are no sanctions for non-compliance with NSEA but agents are required to operate complaints and disciplinary procedures.

Further details http://www.lcd.gov.uk/enforcement/agents02.htm

 

 

Dave

[tiglet]

Unfortunately, her five year old son was not the only person home, so it will not apply. HOWEVER I am checking into the legalities of entering the home on the say so of a five year old.

[Guest Herbie]

As a Student and single mother, I would be surprised if you were not entitled to Income Support. If you were receiving this, then any arrears of Council Tax can legally be deducted at the set rate of £2.90 per week from your benefits. Bailiif action is the strictly prohibited.

 

In any event, as a single person do ensure that you have applied for the single persons discount of 25% off your Council Tax. You can ask for the application to be backdated.

[mikeg41]

As a Student and single mother, I would be surprised if you were not entitled to Income Support. If you were receiving this, then any arrears of Council Tax can legally be deducted at the set rate of £2.90 per week from your benefits. Bailiif action is the strictly prohibited.

 

In any event, as a single person do ensure that you have applied for the single persons discount of 25% off your Council Tax. You can ask for the application to be backdated.

 

I'm looking for clarification regarding the use of Bailiffs where a person is in reciept of benefits and/or deemed a vulnerable adult. I don't believe it is prohibited. But, I cannot find the right info online. Is it just a guideline for Local Authorities?

 

mike