Please Help!!!!!!!

[dizzy bat]

I am being persued by an equite balliff for unpaid council tax. I had a letter this morning stating that they were in my area this week and would be coming to remove my gooods this week. So I phoned the call centre and finally got through ( after trying for nearly an hour ) only to be told that the baillifs are now dealing with my case and I was given his number, so I tried to contact him , got forwarded to voice mail box which is full and cannot recieve any more messages!!!!!. I really dont know what to do next. I am willing to pay the debt off but if I cant talk to the baillif then they will come round and take my things and I am really scared. Does anyone have any advice please I am at my witts end with worry.

[B.A.Ts]

first of all you dont have to let them in, talk to him through a letter box if you have to. dont listen to his threats like he will call the police as they wont get involved as this is a civil matter.

dont leave any windows open.

Ask him to post all relevant paper work through the door .. and make sure you get a break down of charges.

[dizzy bat]

Thankyou B.A.T for your reply its very helpful. I have just contacted the bailiff and got through to his answerphone, left my details and told him I am able to pay so much off per week. I now have to wait for him to get back to me.

[tomtubby]

Firstly, how much is the council tax and have you already been visited by the bailiff about this debt.

 

Have you already signed a Walking Possession? If the answer is no then DO NOT let him into your home. He can charge a fee of £24.50 ONLY. This is a first visit fee and even if he has arrived in a car, that's it. He must "levy" on goods first before he can come back to remove and therefore charge a van fee.

 

You MUST ask to see his certificate. HE MUST PRODUCE THIS.

 

The certificate will prove that he is a certificate bailiff and it will have a picture of the bailiff and be personally signed by a judge. There will also be a court seal. The certificate lasts for just TWO YEARS and needs to also say the name of the company that he works for.....

[dizzy bat]

The council tax I owe is for £312.50. He has not been to my house previously and any contact has been by letter. I have left a message for him to contact me so that I can arrange a repayment plan. I havent signed anything at all either.

[tomtubby]

Good.

 

In that case, the fee that he can charge is only £24.50 which is a first visit fee.

 

He WILL INSIST that he cannot enter into any payment arrangement UNLESS he levies on goods. DO NOT fall for this.

 

He will try to levy on your car......You should try to avoid this if poss.

[B.A.Ts]

by the way dont sign anything, come and ask what it is you are signing for on here before you do decide to sign anything .. what ever you do dont fall for anything he says like he needs to come in for you to talk to him, if you have a car I suggest you hide it away some where safe until you sort a payment plan out with him. If he has said he has levied on something make sure you get a copy of it to see if it is a legal levy, they often put things like 'any goods to clear debt' or ' electrical items in the property' this is an illegal levy. all items for levying must be itemised.

[dizzy bat]

Thanks again. The thing is I am willing to make small weekly repayments to avoid all of the above happening. I just hope the bailliff agrees to it. Just a thought, I think I read somewhere on here that if there are children in the house the bailliff cannot enter my house, not that I was going to let him in anyway, well my kids are still on their school holidays. I am hoping he phones me back rather than pays me a visit to my house.

[B.A.Ts]

The bailiff can enter your home if there are children present, but he cannot enter a home if there are minors there on their own. Its not often a bailiff will except small payments, they like to get their money with in a limited time period, most wont take payments if its going to be more than 6 months, if you are on some sort of benefits the council may take your debt back.. its worth a try

[dizzy bat]

I am offerring to pay back £50 a week and seeing as I owe just over £300 it shouldnt take long to pay back. Sadly I am not on any benefits, so I will have to pay it anyway.

[tomtubby]

That figure is very generous and should certainly be accepted. I would so surprised however if he does not insist on a walking pssession. REFUSE.

 

If he does not accept this offer, copy the offer in writing to the bailiff company and also to the relevant local authority. This letter can then be used in the event of a complaint. Conversations over the phone cant.

[dizzy bat]

I would pay him the full amount if I had it. I just want this whole thing to be over and then I can get back to some sort of normality. By the way does anyone know what time Bailliffs finish work for the day ?

[The Watcher]

By the way does anyone know what time Bailliffs finish work for the day ?

 

They should not call before 6am or after 9pm ... but only a foolish person would ever open their door to a (menacing?) stranger at those hours.

[dizzy bat]

The bailliff has just phoned me back.....2 days after I left a message with him . It seems that my husband actually set up a payment paln with equita a while ago and forgot to send any money. So now the bailliff has told me " that its not as simple as setting up another payment plan " and they ( I presume they is the council ) want us to pay £460 oe else the bailliff will come around and remove our things. I have told him that I will have to speak to my husband and will phone him back tomorrow.

 

I have already paid £50 towards the outstanding amount. I really dont know where we are going to get £460 though and am really worried to death.

[tezviper]

I take it at this point they have still not been able to enter your house!!! If not then just be sure not to answer the door to them or let them in. Be sure that doors and windows are locked etc. Call the council and explain the situation and ask them to recall the debt. They will probably say that they cannot do this but believe me they can. Try and force the £50 payments in the meantime, direct to the council if possible.

Remember that if the bailiff cannot gain peaceful entry to your home then he cannot remove goods all he can do is eventually pass the debt back to the council.

 

TezViper

[tezviper]

Just to add though that once it goes back to council they can ask a magistrate to commit you to prison so its imperative to show that you are trying to pay.

 

TezViper

[dizzy bat]

Thankyou for your reply Tezviper. No bailliff has been into my house at all, and they "re not coming in either!. What gets me is that I am willing to pay back the debt in weekly instalments , I do not work but my husband does, and the original debt was for £312.50p, so I am guessing the amount he quoted me earlier today was with his charges added on........robbing **** bags!!!. I wont be asking the council to take back the debt though as I dont fancy a stretch at her majestys pleasure......I just want this paid and gone, for good.

[tezviper]

You need to write to them asking for a breakdown of the charges that they have added as there is no way they could have added that much in charges without having levied on goods. It is worth paying the money to council online or maybe through their automated service. that way in the meantime you are chipping into the debt.

 

TezViper

[tomtubby]

You need to contact them both by phone and then by LETTER wich should be copied to the local authority.

 

You need to tell them that you are aware of the Statutory Regulations that provide for them to charge a figure of £24.50 for a first visit and a second visit is charged at £18.00. Therefore the debt CANNOT be anymore than either £337 or £355 ( assuming he has visited twice.

 

You should provide an offer of payment and inform them that this is the most that you can afford without falling into arrears with other utility bills. You should consider writing in the letter that you require a full breakdown of their fees and charges and that if these charges exceed those provided under statutory legislation that you will be considering issuing a Form 4 Complaint about the bailiffs handling of this matter to the county court where he gained his certificate.

 

Send the letter by REGISTERED POST and keep a copy.

[dizzy bat]

Right today I have paid the bailliff a further £200. I couldnt get hold of him on his mobile so I emailed the company and asked them to tell him. I got a really nice email back saying " Dear dizzy bat , thankyou for your payment, we will inform the bailliff that you have paid an instalment ". I couldnt believe it, makes a change from being snotty. So that brings the total I have paid to £250 in one week. I cant afford to pay any more till next week ( friday ), if I pay anymore this week it will mean that we have no money to pay other bills or eat ( I have two kids ), so they will have to wait.

[tomtubby]

Well done, but a word of caution. You really must get something in writing as the bailiff can assume that because you paid this amoun this week he can expect the same next week also.

 

Remeber the bailiff now receives very little money from your case and therefore with nothing in writing he could turn up again. You MUST write to request a full breakdown of the fees and charges so that you know the exact amount owed.

[dizzy bat]

I am nearly at the end of this saga. I have just one more payment left to make of £114.50. I arrived home yesterday to be greeted with a letter from the baillif stating that he had been to my house to remove my goods. It went on to say that he would call again and remove my goods even if I was not at home.

 

Is he allowed to break in if there are no windows or doors left open ? . I have recently purchased a puppy and I am frightened she may get out if he breaks in. I have tried to contact him about this, but ofcourse I got his voicemail , to which I left a message but he hasnt got back to me. I am really worried that while I am out paying the last installment, he will break in to my house.

 

I would just like to add that at no time have I signed a walking possesion ( sorry about the spelling), I am under the impression he has no right entering my house.........hes never been in.

[B.A.Ts]

he then cannot break in to your home if a WPO has not been made

[dizzy bat]

Thanks B.A.Ts. Well I have now paid the last and final installment to the baillifs. I emailed them after I paid it too. I really hope this is the end.,

. I"d like to thank everyone on here for thier advice and support, as usual it was invaluble .