Bailiff advise please

the_chauffer

Firstly, if this is in the wrong board, I apologise and can a mod move it.


We owe a small amount of council tax from last year, where benefits messed up. Its was only a couple of hundred. So like I said only a small amount.

The thing is yesterday a bailiff came round and posted a letter saying we owed them the money. He must hardly knocked, as I didnt hear it and I was in when he called. My partner deals with all the financial related stuff and was working, so didnt have time to call.

So today he called again, once again I didnt hear him knock and again I was in. So Im not even sure he did knock. So again he put a letter through the door. But this time he has put on the normal extra charges, PLUS charged a 'walk in fee', and put my car down on the Inventory.

Can they even do this I mean with out me singing for the walk in or without me knowing he has been?

Any advise will be appreciated, and thank you in advance for any help.

scaredy_cat

bump to front page

BlueIsTheColour

There is a member on here who is the bailiff expert, their user name is escaping me right now, but this is their website, have a read through it and I believe there is a number you can ring where you will be able to get good help.

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

Someone else should be along soon with the name for you too

rog2

the_chauffer wrote: »

We owe a small amount of council tax from last year, where benefits messed up. Its was only a couple of hundred. So like I said only a small amount.

The thing is yesterday a bailiff came round and posted a letter saying we owed them the money. He must hardly knocked, as I didnt hear it and I was in when he called. My partner deals with all the financial related stuff and was working, so didnt have time to call.

So today he called again, once again I didnt hear him knock and again I was in. So Im not even sure he did knock. So again he put a letter through the door. But this time he has put on the normal extra charges, PLUS charged a 'walk in fee', and put my car down on the Inventory.

Hi tc - you are not in the wrong place.

There are standards to which bailiffs must adhere, and you have certain rights when having to deal with them.

First of all, have a look at the following links:

1. To get an overview of your rights:

http://www.insolvencyhelpline.co.uk/debt_basics/bailiff-guide.php

2. The following website is from one of our regular posters, Herbie21. Although it is a company website, you will find some excellent advice:

http://www.bailiffadviceonline.co.uk

Now, to get back to your 'problem':

1. Did you receive a Magistrate's Court Summons in relation to your arrears? If so, did you attend the court, or explain your circumstances to the court by letter?

2. A Bailiff will normally call twice, and is allowed to make a charge of £24.50 for the first call. If, after the second call, he is unable to gain peaceful access, he will, normally, return the case to the Council.

3. Have you spoken with the Council about your situation? You may be able to negociate a settlement plan direct with them.

4. I am not sure about the car - was it parked on your drive?

the_chauffer

rog2 wrote: »

Hi tc - you are not in the wrong place.


Now, to get back to your 'problem':

1. Did you receive a Magistrate's Court Summons in relation to your arrears? If so, did you attend the court, or explain your circumstances to the court by letter?

2. A Bailiff will normally call twice, and is allowed to make a charge of £24.50 for the first call. If, after the second call, he is unable to gain peaceful access, he will, normally, return the case to the Council.

3. Have you spoken with the Council about your situation? You may be able to negociate a settlement plan direct with them.

4. I am not sure about the car - was it parked on your drive?

Thank you for your reply


1. To be truthful I am not sure, but I dont believe so. I will have to check with my partner.

2.Yes a charge of £24.50 then a Levy charge of £36. Which looks about right from, what I have read.
But also from what I have read, he cant charge me a Levy fee, as I did not agree to it and sign the form. Is this right?

3. Like I said my partner deals with the bills and shes been at work, so not had chance.

4. No. It was parked on a public road. From what I have read, he can take the car

rog2

the_chauffer wrote: »

But also from what I have read, he cant charge me a Levy fee, as I did not agree to it and sign the form. Is this right?


4. No. It was parked on a public road. From what I have read, he can take the car

He should not charge a levy fee as you did not agree to, or sign, any agreement.

If the car is needed for your work, or if it is the subject of an HP agreement, then he should NOT take the car.

You should have received a letter giving you 14 days notice of his intended visit.

the_chauffer

rog2 wrote: »

He should not charge a levy fee as you did not agree to, or sign, any agreement.

If the car is needed for your work, or if it is the subject of an HP agreement, then he should NOT take the car.

You should have received a letter giving you 14 days notice of his intended visit.

I didnt think he could charge the levy, thanks.

Unfortunately I dont work. I use the car to take her to and from work, the kids for school. Plus the usual stuff, shopping etc.

We have not recived any letter of the impending visit. But I know we cannt prove this and they will say 'We did send you one and its royal mails fault and not ours'. As they have done to others in the past.

iwanttosave_2

OK I can explain things better than him.

Basically, "around" (can't find it at the mo so can't say exactly when) the 5th of Jan I got a letter from the council saying that we owed x amount and if I didn't reply within 7 days it would be passed on to a collections team, my Grandad was going through radiotherapy on a brain tumour and it slipped my mind. We then yesterday had the letter through saying Notice of attendance to seize good, amount due £391.26 + costs. It said I could set up a payment plan on the condition that the bailiff can visit the property and putting down first installment.

Today we got another letter saying "Notice of futher attendance to seize goods. Amount now due £427.26 + costs.

You failed to respond to the previous communications. As we are in possession of a liabilty order issued by the magistraites I have today attended your property to seize goods for the amount above debt and costs. Any arraingement is subject to the bailiff calling to your property and making an immidate payment. Attached is a levy for OHs car (unsigned by us)

I've never recived a court summons for this amount to my knowledge.

I'm actually shaking while I'm typing this, bailiffs and just the thought of them bring out my anxiety, I can't even normally read threads on here about them because they cause me to panic so as you can imagine I'm quite disressed about this. I don't mind paying it, its our debt, however I do not want him coming into my house and preferablly I would prefer my local council to be dealing with it.

RAS

Hi

Please pm Herbie21 and RobertoMoir.

I think in this case, you should also contact your local councillor because of the issue round family stress. They may be able to get it recalled.

If you go to the local council web-site, your should be able to find their e-mail address and phone number.

iwanttosave_2

Thanks, I'm PM them both a link to the thread, I hope they don't mind x

RAS

They would much rather have a link to work to than have to search.

Bothbare stalwarts and nkow the industry. Herbie21 is responsible for the advice website in post 3.

Just a thought? Do you have this person's name and the company. Can you pm Herbie that information and she can check thet he is regsitered to collect CT? Last one she checked was not allowed to do so and the debt was sent back to the council.