Bailiff problem

[Robert_Brenchley]

I had a bailiff on the doorstep the other day over unpaid Council Tax. I've agreed to pay what he wanted, but the problem is that he left me with a demand, and no indication of how the sum was arrived at. I assume that I'm entitled to a written statement before I pay anything; is there a site out there anywhere which tells me what my rights are?

[alanfromderby]

I would suggest a good search on this forum for "bailiffs". There are numerous threads, including some about council tax.

[Seminole]

Have a look in the General Knowledge forum. There's lots of infoemation in there.

[elsinore]

Hello Robert.

 

Have look at chrismc's thread 'Philips Bailiffs', as an example of how bad it can get!!

 

'Bailiffs and Sheriffs' has tons of info.

 

Onwards and upwards

 

Elsinore

[thunderpuss2k]

This is what I've done a couple of times.. it might not work for you, but did for me.

 

Your council probably has a council tax enquiries office. Take some time out and go to see them. Sit down, talk about it, look upset over the whole matter and plead ignorance/stupidity/insanity, or whatever it takes to make the person you talk to feel a bit more sorry for you. Say you're happy to pay, but you're not sure how much you actually owe the council and the bailiffs seem to have put loads of fees on top. You could even go so far as saying that you've been scared by the bailiff and now can't sleep at night, but unless that's true it's pushing it a bit

 

If the plan works, the nice person will make a call to the bailiffs, call them off, and let you pay whatever you owe plus the court costs - maybe over installments. If this happens, at this point thank the person very much, be very grateful, and make sure you keep to whatever payment plan you've proposed (I'd suggest offering to pay it all off in one go if you can).

 

As I said it's worked for me a couple of times - can't guarantee you'll get the same result, but worth a try. Also, if it does work, and the bailiff then appears, ask them nicely to leave. Mine got quite upset once about it, which ended up with me calling the police out to sort it out (who incidently were very nice about it, and used some interesting words including '****' to describe the bailiff).

 

Hope that helps..

[Faustus]

make sure when you talk to the Council and agree a repayment schedule that you get a written statement of what you owe them and pay that off. Ignore everything the Bailiff sticks thro your door. They will add charges left, right and centre that they don't want to have to justify in court.

 

As an aside, My Landlord, who uses the shop on the ground floor of the building I live in (3 flats and shop) called the Police on Bailiffs hunting a former tenant he found on the stairs within the building. From what he said the Police were quite happy to arrest them on Breaking and Entry, Criminal damages and Threatening behaviour

[thunderpuss2k]

make sure when you talk to the Council and agree a repayment schedule that you get a written statement of what you owe them and pay that off. Ignore everything the Bailiff sticks thro your door. They will add charges left, right and centre that they don't want to have to justify in court.

 

Definitely - but can I go a step further? Once you've sorted it with the council, as soon as there's even a whiff of any contact from the bailiff, phone them up and tell them that under no circumstances should they contact you again, and any further contact will be classed as harrassment - which will result in you making a formal complaint to the council and the Magistrates Court - and possibly the police.

 

I got a letter through the door a few days later, remarkably it had a statement showing the payment I made to the council to clear the debt as a minus entry, then the remainder balance (ie the bailiff fees) showing as owed - and they'd come round to take furniture etc to cover that cost. Phoned them up, and when the women tried to argue it I just talked completely over her, stated the above, and put the phone down. Never heard a sausage after that.

 

As an aside, My Landlord, who uses the shop on the ground floor of the building I live in (3 flats and shop) called the Police on Bailiffs hunting a former tenant he found on the stairs within the building. From what he said the Police were quite happy to arrest them on Breaking and Entry, Criminal damages and Threatening behaviour

 

A bailiff (not the same one as I mentioned above though!) called the police on me once because he said I'd 'assaulted' him by frog-marching him off the premises. Police turned up, and suggested next time I wanted to remove someone I should call them to do it

[Faustus]

Damm Good points.... Another little one for those of you live in flats with a shared access. Don't even let them into that little bit! Thereby giving someone else a chance to upset bailiffs. Same building, pre current Landlord former tenent. Complicated I know. Landlord heard thudding noises from rear door to building, opened door to discover a Bailiff "Just checking it was locked" on the access door to the building. One conversation later, said bailiff is leaving and Company in question is having a chat with Landlord's Lawyer over damage to door. Result, new door fitted and landlord couple of hundred quid up!

[Robert_Brenchley]

I found a useful site here: http://www.insolvencyhelpline.co.uk/debt_basics/bailiff-guide.htm#bg17. Under 'National Standards for Enforcement Agents it says 'Debtors must be notified of fees on each visit and of the fees that will be incurred if further action takes place '. They haven't done anything of the sort, merely demanded lump sums which they could have invented for all I know. So if I put my foot down hard I may avoid paying them any fees at all. Meanwhile I'm going to contact the Council and complain that their bailiffs aren't following the National Standards, and ask to deal with them directly.

[elsinore]

Good stuff Robert, that's a useful link, too.

 

Let us know how you get on.

 

Onwards and upwards

 

Elsinore

[Robert_Brenchley]

I've contacted the Council for clarification of the amount, and I'll see what they have to say,. Thanks for the encouragement.

[breadline]

Wonder if it is possible to DPA the council Tax office, send a few thousand in each month that would keep them so busy they would leave you all alone:D

[elsinore]

Wonder if it is possible to DPA the council Tax office, send a few thousand in each month that would keep them so busy they would leave you all alone:D

 

My local council would form a new department to handle the work, then stick the cost of it on the council tax!!!

 

Onwards and upwards

 

Elsinore

[Robert_Brenchley]

I've contacted the Council for clarification of the amount still owing on the original debt (God knows how long they'll take to respond, the Council Tax office is awful), but I have worked it out anyway. I've also written to the bailiffs informing them that I'll issue payment when I get a breakdown of the sum they're demanding, and that I'm aware that there is a set scale of charges. If I don't get a satisfactory response, or they hassle me again, I'll pay the balance of the original debt, query the rest, and make a complaint.

[Robert_Brenchley]

I've now got a breakdown of what's due from the Council, and have sent a cheque to cover their debt. Since I have no explanation of the bailiff fees, and the Council are giving me a figure £150 lower than the bailiff did, I'm querying it. That should take the wind out of their sails.

[Robert_Brenchley]

I had a phone message from the bailiff yesterday to the effect that they're returning my cheque, so I've contacted the Council, with a copy of the letter I sent, in order to inform them that I have attempted to pay their tax. My wife spoke to them yesterday (she's more easily scared than I am), and apparently their demands have fallen from £880-odd to £700 and odd, confirming that they were trying to charge more than they were entitiled to. A letter is supposedly on the way explaining their charges, and despite threats to call today to remove property, I'm obviously not going to pay one penny of their fees until I've checked that they're kosher.

 

Under the circumstances, do I have the right to go back to the courts with this? I assume they'd be reasonably sympathetic since I can show that I'm trying to resolve the issue. If I did, does anyone know the procedure? Would they be likely to let me pay by installments?

[Robert_Brenchley]

For some reason, for the last couple of days, i've only been able to log in first thing in the morning. Meanwhile, we're getting threatening phone calls on a daily basis, but I remember from the days of the Poll Tax that if you never sign anything or let the bastards through the door, that in the end thety go away. I now have proof that he tried to charge me £106 more than his office claim I owe. I've contacted the Council about their complaints procedure, but does anyone know whetther it's worth involving the police over this?

[Robert_Brenchley]

After a visit from the bailiff this morning, which frightened my wife considerably, I've managed to pay the outstanding tax online, direct to the Council. That should cut him out of the equation, and put an end to this. Needless to say, he didn't get in the flat, and he went away at once when I made it clear that if he did get fees he wasn't entitled to, I was going to sue.

[elsinore]

Well done Robert!! I bet you feel good now.

 

Have you read Bonus77 thread? He also used the same technique. Cut the bailiff out and deal direct.

 

Have a good weekend

 

Elsinore

[candysmate]

Hi, Im having problems wth Philips Bailiffs and getting really stressed over it. I have tried finding the thread about them that chrismc has put but have had no luck finding it.

 

Candysmate

[elsinore]

It's here, candysmate

 

http://www.consumeractiongroup.co.uk/forum/general-debt/8732-philips-bailiffs.html

 

Els