Help! Levy of distress....

Martin_Mac

I'm not sure whether this is the correct place to post this so here goes..

I received a visit from a bailiff yesterday regarding a council tax bill for £900 that I owe. I receive council tax benefit, housing benefit and working tax credit as I am self-employed on a small income. It went to court in August and I arranged repayments of £100 a month to clear it. Unfortunately my income has dipped since then ( lost a contract ) so I notified them expecting them to send me a form to reclaim but they haven't.

Then yesterday the bailiff came. I didn't let him in but he says that he wanted to complete a levy of distress and that I have to pay £150 as soon as possible to prevent things getting worse.

I guess I need to contact the council but he said they'll just refer me to him again. What can I do, I'm scared witless!!:eek:

insider66

Martin_Mac wrote: »

I'm not sure whether this is the correct place to post this so here goes..

I received a visit from a bailiff yesterday regarding a council tax bill for £900 that I owe. I receive council tax benefit, housing benefit and working tax credit as I am self-employed on a small income. It went to court in August and I arranged repayments of £100 a month to clear it. Unfortunately my income has dipped since then ( lost a contract ) so I notified them expecting them to send me a form to reclaim but they haven't.

Then yesterday the bailiff came. I didn't let him in but he says that he wanted to complete a levy of distress and that I have to pay £150 as soon as possible to prevent things getting worse.

I guess I need to contact the council but he said they'll just refer me to him again. What can I do, I'm scared witless!!:eek:

Hi MM,

take a look at the link - it should help a bit - don't let the bailiff in under any circumstances - gotta run (work) but will check back later


http://www.bailiffadviceonline.co.uk/walking.htm




Hop this helps

RobertoMoir

Martin_Mac wrote: »

I'm not sure whether this is the correct place to post this so here goes..

I received a visit from a bailiff yesterday regarding a council tax bill for £900 that I owe. I receive council tax benefit, housing benefit and working tax credit as I am self-employed on a small income. It went to court in August and I arranged repayments of £100 a month to clear it. Unfortunately my income has dipped since then ( lost a contract ) so I notified them expecting them to send me a form to reclaim but they haven't.

Then yesterday the bailiff came. I didn't let him in but he says that he wanted to complete a levy of distress and that I have to pay £150 as soon as possible to prevent things getting worse.

I guess I need to contact the council but he said they'll just refer me to him again. What can I do, I'm scared witless!!:eek:

Ok. For this kind of debt, unless the bailiff has been into your house already and has levied distress on goods in the house and got you to sign a document called a 'walking possession' then they cannot force their way into your house.

They only have the right to gain 'peaceable entry' (presuming my assumptions are correct about them not being in before).

• Peaceable entry doesn't include kicking your door down or getting a locksmith to drill your locks. This is something they can't do.
• Peaceable entry does include tricking someone into letting them in "Oh really? You say you've spoke to the council, can I come in to use your phone to double-check what they said?"
• Peaceable entry does include climbing in through an open window or going round the back to try your back door in case you forgot to lock it.

Speak to the council and find out for yourself if they won't accept an arrangement from you. Some will and some won't in my experience (I'm a former bailiff). If they do, great; if they don't, then it isn't like you've lost anything or incurred more costs just for asking.

Be very careful about letting the bailiff into your house to levy distress. Once they're in, they have the right to remove goods there and then. Not saying they will, in fact they probably won't because they'd rather have the money, but you do need to understand the stakes that you're playing with at this point.

dancingfairy

Have you got proof you told the council already? did you send them a letter which you have a copy of or did you send it recorded delivery or anything ? do you know when you informed them and who you spoke to etc?
I think the best bet is to get onto the council and let them know your circumstances and make them a new offer based on what you can afford now.
df

aligerdie

I've just noticed this thread, and its struck a chord as I've had a visit this week from the bailiffs too regarding council tax. I had written to the collection agency and the council recorded delivery, but the bailiff apparently knew nothing about this. I've checked royal mail, and it was signed for.

I didn't let him in, which annoyed him, so he placed a levy on my car. Whilst I'm upset he did this, I'm more upset with the fact I signed the form. Now I've signed that, does this mean he can get into my house even though I didn't let him in before?

Sorry to ask on this thread, but after the week I've had with visits from people I am at my wits end.

RAS

Aligerdie

Please pm Herbie21 or go to the web-site that is listed in post 2 by insider and rng the number there.

Unfortunately, the bailiff now technically has the right to remove your car if you do not cough up as agreed, unless you can prove you need it to undertake business. And he has the right to charge you extra both for the walking possesion order and the removal of the car if he comes to collect it. It is essential that you get in touch with Herbie or your local councillor, preferably both.

it may be that you can argue maladministration and get this reversed but you need to get help.

RobertoMoir

aligerdie, when you say "the form", what exactly was it you signed? Bailiffs can legally remove goods they have levied distress against, which means that if they've placed a levy on your car they can take that... but they can't randomly decide that actually they'd rather have your TV, break in and take that instead.

RAS - assuming ownership and business needs aren't an issue, the bailiff doesn't need a walking possession to be signed in order to remove goods. They can levy distress, ask for payment and if no satisfactory (by their standards) payment is handed over they can remove goods on the same visit with or without the co-operation of the person who owes the debt.

aligerdie

I've got the form in front of me, and at the top it says 'Notice of distress'.

Under the section headed inventory, he's listed my car and the registration.

Then underneath that its headed 'walking possession agreement'. this is the part I have signed.

I was charged £29 for a second visit fee (i wasn't in the first time round), and a £12 levy fee.

He also gave me some bank giro slips, and told me he was giving me 2 weeks to sort it out. I had sent a letter prior to him visiting which has been signed for both by the agency, and the council. He stated there was nothing on their system.

I know I shouldn't have spoken to him, but I am just so frightened. I'm ashamed I've got into this mess, and my husband will not help me sort this mess out at all. I feel totally isolated and have no idea what to do.

RAS

Hi

please ring Herbie21 - http://www.bailiffadviceonline.co.uk

She will be able to advise you.

aligerdie

thank you for your help, I shall ring her in a minute.

I'm sorry for whinging, I just feel like things have got on top of me. You help is really appreciated.

x

Martin_Mac

Aligerdie - don't worry about asking questions on this thread. It keeps it up near the top too so more people will see it and may be able to help you.

I rang the council who said they hadn't received my original correspondence. I have to drop the information into them as soon as possible so they can re-assess my claim. They said that they can't withdraw the bailiff at this late stage.

I've decided to make the bailiffs an offer in writing for what I can afford. The CT bill of £900 won't be that high in the end as my next four months liability will be lower. I'm still not going to let them in and I'm going to make sure all my windows are shut and outside doors are locked from now onwards. Not sure at what point they can break in though?