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Urgent HELP needed PLEASE !!!

2

Comments

  • sarah2396
    sarah2396 Posts: 14 Forumite
    Thanks RAS .. had a sleepless night worrying about all this .. now need to find somewhere to park the car i live in a small village and parking anywhere is limited but where theres a will.
    Its not about not wanting to pay its about not being able to pay all of it right now !! :(
  • sarah2396
    sarah2396 Posts: 14 Forumite
    I have just emailed my local councillors asking them for any advice, the car we have is on HP and is needed by my partner for work, can they still levy this?
    Seems mad after paying 80 yesterday the amount i owe should now be 280 the car is worth far more, I wish i could relax about all this but i'm at my wits end !!!
  • sarah2396
    sarah2396 Posts: 14 Forumite
    Well emailed Equita too asking that they allow me another few weeks, I could get it paid by the end of June with a little scrimping n saving .. heres hoping they have a slight sympathetic bone in their body

    Still so worried cant even get through the day with this on my mind :(
  • RobertoMoir
    RobertoMoir Posts: 3,458 Forumite
    Part of the Furniture Combo Breaker
    The bailiffs cannot levy on a car you do not own (That includes a car that is on HP). That won't stop them bluffing that they can.

    The bailiffs cannot take core things you need to live, or tools of the trade (which in the case of a driving instructor obviously includes the car they use for lessons). That won't stop them bluffing that they can.


    I'm going to repost some general advice I've posted before on what bailiffs can and can not do.

    You shouldn't allow bailiffs into your home, but if they have a warrant that allows them to do so, it's up to them to attempt to gain entry peacefully, not for you to tell them whether or not you allow them to! I'm a former bailiff and we never used to take much notice of what people told us they were going to "allow" us to do, we simply concentrated on what we were legally entitled to do.

    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. 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.
    If you don't stand for something, you'll fall for anything
  • RAS
    RAS Posts: 36,097 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    thanks Roberto.

    Sarah, make sure you have the HP agreement to hand, as that should stop them. Even if they did levy, it would be invalid.

    Get some sleep and tomorrow find out what amount the liability order is for and whether that includes court fees or not.

    Have you e-mailed them with the demand for the setting out of fees?

    And have you told the councillor that the fees demanded are not legal?
    If you've have not made a mistake, you've made nothing
  • sarah2396
    sarah2396 Posts: 14 Forumite
    hi RAS .. i don't think as yet they have charged me any fees .. they certainly shouldnt have as they havn't paid me one visit .. the original letter stated i owed 367 this didnt say it included any charges .. the only mention of charges was the goods seizure notice i received yesterday which said they would charge 150 the van attending. I will be paying another 80 on tuesday which will bring it down to 200 n hopefully have enough time to get the rest .. I am going to phone my local housing officer tomorrow and see if he can help me he has been very helpful in the past. I have just found the hp agreement for the car and also found a temporary spot on a friends drive to park the car as an added precaution .. heres hoping those people have half a decent bone n allow me just an extra couple of weeks to get the other 200 together ... despite anything else i doubt i have much in the house worth selling at auction .. thanks again guys .. i'm still in a major panic but your help and support is making things a little easier to deal with
  • RobertoMoir
    RobertoMoir Posts: 3,458 Forumite
    Part of the Furniture Combo Breaker
    Your best bet is to phone your local councillor. They are the people at the council that most directly work for us, the general public. By all means speak to your friendly contact at the housing office too, but do that as well as contacting your councillor, not instead of.

    This £150 attendance fee is illegal if they haven't already done a levy. They are agents of the council which means that the council are responsible for their actions. You need to hammer that point home to everyone you speak to.
    If you don't stand for something, you'll fall for anything
  • sarah2396
    sarah2396 Posts: 14 Forumite
    Thanks roberto .. they certainly havn't done a levy .. they have never to my knowledge called here and if they have when i have been out they have never left a note so they so .. thank god this site exists not sure where i'd have been the last 24 hours
  • sarah2396
    sarah2396 Posts: 14 Forumite
    Good news !!! spoke to the bailliff this morning and hes put everything on hold for us for 30 days which will give us enough time to pay ... i feel a HUGE weight has been lifted !!! Thanks again all of you for your help and advice :)
  • lilly81
    lilly81 Posts: 623 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    Hi Sarah,

    That's fantastic news :T Well done for dealing with the problem.

    Chin up

    Lilly X
    Debt free date 23rd march 2009 🥳Autism is my super power 🏳️🌈 🌈✨
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