Bailiffs - Council Tax

weezypoos · 12 October 2015 at 11:02AM

Looking for a little advice please before I get myself into even more of a mess!

Firstly, I am at fault, I have struggled with money and now find myself owing the council. I received a letter through the door last week from a debt collection agency stating that they would be returning in 48 hours to remove my goods if payment is not made in full (over £1000). They have been instructed by my local council to recover the debt.

This is the first letter or correspondence I have had from there, as far as I can see, it has not gone to court and on checking the bailiff register I cannot see this "enforcement officer" on the list.

I have tried to speak to my council to offer to pay them but they insist I deal with bailiffs.

Could anyone please point me in the right direction of what steps to take before I shoot myself in the foot!

CIS · 12 October 2015 at 11:52AM

This is the first letter or correspondence I have had from there, as far as I can see, it has not gone to court and on checking the bailiff register I cannot see this "enforcement officer" on the list.

For an enforcement agent to have been instructed the council must have a liability order from the court.

You need to speak with the council and find out what has been issued and when.

National_Debtline · 12 October 2015 at 3:32PM

Hi

What is the name of the firm that has contacted you? For now, my advice is very simple - do not allow this person or their colleagues into your home. Also, keep any vehicles you own parked out of sight.

Dennis
@natdebtline

weezypoos · 3 November 2015 at 4:20PM

Thank you for the reply. I haven't heard anything since although I have left 2 messages on the mans answerphone but no reply?

It's Jacobs bailiffs and the guy is Mr M Hobson, I've checked the register and there is a Mark Hobson but he is teregistered under Equita, are they part of Jacobs?

I would also like to correspond via letter or email but there is no option, only this guys mobile number? Any advice?

National_Debtline · 3 November 2015 at 5:05PM

Hi again

I wouldn't be too inclined to speak to Mr Hobson at this stage. The decision to offer only a mobile number is quite deliberate - it is the best way for him to push you for as big an offer as possible. I expect that whatever you try to offer, he will reject unless it is the full payment. I would suggest that you endeavour to make affordable payments via their website www.jacobsbailiffs.co.uk - the reference details you need should be within the notice they sent you.

As CIS previously stated, the council must have obtained a liability order in order to instruct enforcement agents to recover the debt and you should have received postal correspondence to that effect. You need to speak to the council in order to confirm that that is the case - although I would assume it is so and that perhaps something has been overlooked or gone astray in the post. It may be difficult to successfully argue that you did not receive correspondence.

See also my earlier advice re: not letting anyone in and keeping car(s) out of sight.

Dennis
@natdebtline

Marktheshark · 3 November 2015 at 5:24PM

This is a civil debt from a civil money court known as a liability order.
They can not break and enter or "send for a locksmith"
They have to be given peaceful entry or be invited in by an unlocked door.
A unlocked door is an invitation to enter.
They can lie, shout, make threats, talk absolute bullStt about van charges, locksmiths and holy hell of fire wrath.

The truth is, they will make 3 attempts to get you to let them in and be tricked in to admitting your chattels are for sale and have become "goods".
They have to do this as they only have an order to take goods, as in items the person is willing to allow for sale to pay the debt.
If after 3 attempts they fail to bull their way in, they will pass the debt back to the council, the bailiff fees are removed (they may try it on, refuse to pay them)
The council will then allow you to set up a payment plan at what you can afford.

So, lock up, do not engage with the bailiffs, do not call them as this creates a contract and await the council to write asking for payment once they work out the bailiff is not getting anything from you.
.

weezypoos · 4 November 2015 at 12:33AM

Thanks so much for taking the time to reply. I do owe the debt and want to pay it off as much as possible. I would much rather pay the council as I'm living on edge when at home in case they call, particularly if my daughters home alone.

So if they visit 3 times with no joy they return the debt to the council? I am worried that they continue visiting and charge me for the privilege for 6 or 7 visits! Waiting it out would be the preferable route!

antonic · 4 November 2015 at 6:23AM

weezypoos wrote: »

Looking for a little advice please before I get myself into even more of a mess!

Firstly, I am at fault, I have struggled with money and now find myself owing the council. I received a letter through the door last week from a debt collection agency stating that they would be returning in 48 hours to remove my goods if payment is not made in full (over £1000). They have been instructed by my local council to recover the debt.

This is the first letter or correspondence I have had from there, as far as I can see, it has not gone to court and on checking the bailiff register I cannot see this "enforcement officer" on the list.

I have tried to speak to my council to offer to pay them but they insist I deal with bailiffs.

Could anyone please point me in the right direction of what steps to take before I shoot myself in the foot!

First thing first.

Find out from the Council when the Liability Order was granted and for which year (s).

Has a Notice of Enforcement been left at your address ?.

If it has this incurs a £75.00 fee and this has to be paid even if no further action is taken.

Also once the NoE has been left the bailiff has to wait seven days before he can come back and start taking any action.

http://www.legislation.gov.uk/uksi/2013/1894/contents/made

HappyMJ · 4 November 2015 at 7:53AM

weezypoos wrote: »

Thanks so much for taking the time to reply. I do owe the debt and want to pay it off as much as possible. I would much rather pay the council as I'm living on edge when at home in case they call, particularly if my daughters home alone.

So if they visit 3 times with no joy they return the debt to the council? I am worried that they continue visiting and charge me for the privilege for 6 or 7 visits! Waiting it out would be the preferable route!

They do not continue charging.

Compliance fee is £75
Enforcement stage fees are £235 and that's it no matter how many times they visit. So if they get no response after 3 visits they will give up. They aren't going to waste more of their time.

I'm currently fighting the council in regards to last years council tax arrears on behalf of my OH and the council are not listening at all. I'm trying to get them to remit the debt. My OH has no disposable income to pay the council tax and has no assets. If they insist on continuing the only option open to my OH is to get a DRO which writes the debt off anyway but destroys her perfect credit rating which is what I'm trying to avoid.

weezypoos · 25 November 2015 at 9:52AM

I'm not sure what a notice of enforcement looks like, all I've had is threatening letters from Jacobs with removal of goods notices. On the 19th I had a letter saying they were recommending committal to prison (this was given to my 14 year old daughter) and yesterday there was a letter through the door saying they are calling today between 9-5 to remove my goods

kaya · 25 November 2015 at 10:19AM

Marktheshark wrote: »

This is a civil debt from a civil money court known as a liability order.
They can not break and enter or "send for a locksmith"
They have to be given peaceful entry or be invited in by an unlocked door.
A unlocked door is an invitation to enter.
They can lie, shout, make threats, talk absolute bullStt about van charges, locksmiths and holy hell of fire wrath.

The truth is, they will make 3 attempts to get you to let them in and be tricked in to admitting your chattels are for sale and have become "goods".
They have to do this as they only have an order to take goods, as in items the person is willing to allow for sale to pay the debt.
If after 3 attempts they fail to bull their way in, they will pass the debt back to the council, the bailiff fees are removed (they may try it on, refuse to pay them)
The council will then allow you to set up a payment plan at what you can afford.

So, lock up, do not engage with the bailiffs, do not call them as this creates a contract and await the council to write asking for payment once they work out the bailiff is not getting anything from you.
.

Bang on and 100% correct , although I often advise people to open an upstairs window when they attend and with a pencil up each nostril repeat the phrase "wibble, wibble, wibble" until they leave just for the comedy effect, once you offer to engage in any sort of payment plan they won't leave you alone, feel free to "document" their attendance from an upstairs window using your mobile phones video facility if they behave in a threatening manner and tell them it's going on YouTube, they are only there to earn money and as soon as they figure out that you won't play their game and they won't get paid
they will leave. Stand your ground and don't be intimidated by them, once you know the rules they are like a dog with no teeth

Bailiffs - Council Tax

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