Help!!!!!

[Nephilim]

Sorry to not introduce myself properly but the baliffs are on their way now apparently to collect goods for an unpaid council tax bill. I did write reams explaining it all but as I wasn't logged in, its gone! So this will now be very brief and probably panicked!

 

(Jacobs) Baliff firm is handed my file for non payment of council tax. I had been living away, having to be a carer for my girlfriend who was immobilised for four months after a non-fault motorbike accident (****ed up pedestrian, no insurance VERY sore point). I have no experience of baliffs so I return home to a stack of nasty letters. YES! I should have known about council tax and probably could have claimed relief due to circumstance but didnt and typically buried head in sand when money problems got worse!

 

On or about April I ring the original baliff on my case he plays tough guy. Perhaps my accent, grammar and diction back up the fact that I am not a 'serial' debtor. He 'nices up' tells me he can work out payments after I tell him why the debt occured. FOOLISHLY, I make an appointment with him to come round to the flat (even made him a cup of tea, a first apparently.) any way agree to pay balance over six months(payment) give him cheque and he then makes out what I know now to be a walking posession order listing my pc/monitor/printer, TV, DVD, Surround Sound system. Off he goes.

 

I'm living in a rented flat, recently divorced with no income and a work project I was assured of for my ltd company - failed to start. I'm in deep financial mess. I am late with payment number 2, baliffs office sends me a letter. My girlfriend rings them up and pays it. I realise I'm not going to be able to pay the future amounts. I write to them requesting a reduced revised plan. No reply. I get 'high horsey' and think well I did try to contact them. Fast forward to Friday June 14th. New baliffs name on a hand delivered letter, usual threatening guff REMOVAL OF GOODS notice. Incidentally, he asks me to contact him not within 24/48 hrs as is the options; but in big red pen handwritten where he has (defaced) crossed out 24/48 and put '4'.

 

TAKE NOTICE - If you do not contact me, we will return with a suitable vehicle and remove goods to the value of the debt and associated fees. ALTERNATIVELY we may make recommendations for an application for committal to prison. NOTE goods and motor vehicles may be removed in your absence.

 

So, I ring him. Phone goes to voice mail. Try him several times no answer. Eventually discover this site and so write and send recorded delivery letter to his head office stating I have already written (not recorded delivery) before to request a revised plan and now all this has happened (oh and first cheque enclosed too!). I also state my full co-operation with previous incumbent Mr Nice. I used a templated letter on this site obviously amending it appropriately. I then leave voicemail messages on current Baliffs unaswerable mobile to let him know I have sent the letter and could he call me asap to discuss.

 

He rings me today, after lunch and is full of attitude straight away. I'm trying to point out, politely and calmly, that I would like the case sent back to the council and I have written a revised offer to his firm in the interim. He lauded it in telling me that it wont be sent back to the council, his office can do nothing its up to him he makes the decisions, I've signed a walking possesion order and the goods will be collected and that despite my protestations; I'm just like everyone else and dont want to pay my bills! He did wind me up! So, I replied that I didn't want to incur a waste of anyones time or further costs trying to collect goods that have either been sold/transferred to my girlfriend or are needed for my work and he wouldnt be allowed access.

He was not interested and before he put the phone down on me it said that it isnt up to the baliffs to prove what belongs to who, they'll just turn up and take goods to the value of the debt, irrespective of whether they were on the original list i signed. I have items my landlady placed in this rented furnished flat and those of my girlfriend and her daughter who have recently moved in. He said she is jointly liable for the debt now too!

 

I rang his office and the bloke at the end of the phone was not interested, said it was out with the baliff. he did confirm receipt of my letter but said it would take 24/48hrs to attend to and in the meantime it was up to the baliff.

 

So, my questions;

 

1. We have a communal entrance to the first floor flats shared with my neighbor - can they break in to this? If he is here, can he deny them access if they arrive?

 

2. Personally, as I have said I have no previous dealings with baliffs. I feel I have been 'tricked' into signing orders etc. However it was always done with the intention of paying the debt. Circumstances have changed. My partner says she feels I was misled or didnt have the implications explained. Guess I should have read what I was signing?

 

3. Do they have to accept my revised payment plan?

 

4. Can they take my car/motorbike? Partner bought and paid for them (have reciepts) but V5 are in my name for insurance reasons.?

 

5. As I have nothing of personal belongings of value, should I allow them in? Can they really take anything whether or not they are mine, my landladys or my girlfriends?

 

6. Would I become a national hero if I just donned a super hero outfit and ritually sacrificed them? (sorry, I'm desperately trying to keep my chin up)

 

Would appeciate any and all help, asap, many thanks

 

Gary

[seanamarts]

Because you have signed a walking possession they can I'm afraid break in and take what they have noted down. Can you not phone the council involved and ask them to deal with it, stating that you are being threatened by the bailiff in question. Give the CAB a ring they can often help you sort it out.

If you are unemployed tell them as you are classed as vulnerable. tell him/them that its stated in 'The National Standards for Enforcements Agents' under vunerable situations.

did he leave the list of what he wants to take with you,

I hope some of this helps

[powelll]

They cannot take anything not listed on the original walking possession order. They cannot take anything which doesn't belong to you. If things are listed on the WPO which are not yours then they can't take them. I would move your car & motorbike a couple of streets away if possible.

 

It's actually quite rare that bailiffs use their powers of forced entry in these kinds of circumstances. They are only supposed to use them when reasonable and must give you the exact time 7 date of the proposed visit in writing so you have the option to be there - they can't just turn up to force entry. I don't think they can force entry via the communal door it would be your own front door ( as I know peaceful entry via communal door doesn't count am assuming works the other way as well ).

 

Definitely worth approaching the council as Seanamarts says - they have discretion to take the debt back from bailiffs. If they say no you could try involving your local councillor.

 

It's also worth checking what charges have been added to your bill as these are laid out quite clearly for this kind of debt. Below factsheet link may also be of use ( or call National Debtline on 0808 808 4000 for free confidential impartial advice they are v knowledgeable on bailiff law ):

 

National Debtline England & Wales | Debt Advice | Factsheet 02 Bailiffs And Council Tax

[tomtubby]

Powell.

 

I think you will find that the link above is for the out of date fees for council tax.

 

If Walking Possession has been signed this can be bad news because the bailiff can break into the premises to remove the goods that have been listed.

 

They can only take the goods that they have listed and nothing else.

 

A bailiff can presume that you own goods. Its up to you and not the bailiff to prove goods are not yours.

 

Send a pm to Herbie so that they can check the bailiffs name to see if he is certificated. If it turns out that the bailiff does not have a certificate at least that means that the walking possesion is no longer valid and the threat of them breaking in will have gone.

[Nephilim]

Ok, so I am breathing a 'baited' interim sigh of relief. It is possible that the two baliffs I have dealt with; the original one who did the levy/walking possesion order (who out of naiivety and well intended notions I invited in!!!) and his replacement are both currently uncertified. Expired certificates...hmmmm.

 

I'm overwhelmed by the support and shows of empathy and genuine concern. In a society where traditional good old fashioned values seem to be on the wane and gone are the days of 'Dunkirk Spirit'; it is both inspiring and comforting to personally benefit from all your kindnesses.

 

I will keep you all informed - if these two baliffs are indeed operating without certification they must be made examples of. I'm sure you can sympathise if you have experienced similar treatment by these types of gangsters; they cannot be allowed to bully, intimidate and treat us like they have done.

 

Since posting on here and getting a real factual perspective on the subject, I am alarmed and concerned down to my very core. The abuse of innoncence of vulnerable people in already unfortunate circumstance is disgusting. For one, after going through this trauma (and its not over yet) I will no longer be part of the silent majority. I'm fed up of sitting back and being apathetic about this country's continuing downward spiral of respect, manners and behaviour. This has been the tin lid on my dissatisfaction and disappointment of a society falling apart at the seams.

 

Once again many thanks for sharing your stories and advice, I really do not know what I would have done without your help. Obviously, for all our benefit I want to make this firm and their uncertified henchman learn a valuable lesson. Suggestions? Local/Regional press? I see from researching that Jacobs name is on the rise in forums and posts so I am more than happy to take whatever the recommended action is to get the message across.

[Saffronflowers]

That is great news, just double check with the courts that issued the cerficates, Herbie is super wonderful, it is just better to double underline it.

 

Be aware some councils state that bailiffs do not have be certified to visit but they do have to be certified to levy. If possible take a copy of the WPO as that is illegal

 

SFx