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Need advice, bailiff collecting tomorrow

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  • Hiya,

    A quick update! The bailiff never visited, I had a restless night for nothing :( I was a bit annoyed with it because I'd booked the day off (not because of the bailiff, but rather in spite of him but they don't need to know that) and spent half of it sitting around twiddling my fingers.

    I was half expecting it to have gone back to the council and I would then follow up with them but I've had a phone call this morning from a bailiff informing me that the property appears to now be vacant (which it isn't - I move out this saturday coming though) and if I don't pay then he has no option but to prosecute for "crown breach and denying them the chance to sell the car to settle my bill" (his words there or thereabouts)

    If I don't pay then he says it will go back to the office and they'll pass it back to the council................ I'm thoroughly confused :(

    Also, somehow my bill is now £524... when the first bailiff said it was £444... and then I received a statement from Jacobs (that I had requested) that said I owed in the region of £320!!

    Not really sure what to do now :/
  • Hi, there are several things you can do. I hope they have not entered your house yet.

    Firstly look here bailiffadviceonline

    Here is a template of a complaints letter you can use

    criminal-bailiffs(dot)com/ipcc.htm (change the (dot) to a full stop (.))
    Also find out what court it went to, send them a copy, and a copy to you local council.

    You can fill a PE3 and PE2 forms available from any county court, where you can fill your income and expenses. from this you can arrange a payment plan with them.

    This cost £75 to file but there are exceptions, Go to the citizens advice berou and let them advise you. You also need a legal entity to sign it, a county court clerk can do that for a small fee between £5-8.

    Other than that all I can recomend is that you empty the house of everything other than the tv, if it is for council tax the bailiff has the power to take anything and break into your house but needs to give you 7 or 14 days notice before hand. take 7 days as i'm not sure for sure.

    They can even take microwaves and beds so i mean really empty your house.

    Advicenow website has much info about this situation and bailiffs advice can help, they charge £1 per hour but know what they are doing.

    You need an itemised breakdown of the fees and charges, (they may charge £10).
    You can get lots of template letters for bailiffs and some even to refund charges that the bailiffs may have over charged. If you email them then you get access to all their template letters but this costs £10.

    Other than that i'm working on my own case at the moment but mine is not as bad as they have always been refused entry and mine was for a parking ticket.

    My bailiff has been working above the law and i am currently making sure he looses his licence. My bailiff does not have as many powers as yours ie he cant take my bed or microwave.

    I would recomend that if the bailiff returns do not let him in, call the police and wait for them to arrive - tell the bailiff that you are calling the police and will be ready to talk to him/them once the police arrive. Once there make the police call the bailiff away from the door, open the door and put the tv outside, you can invite the police in, they cannot arrest you nor allow entry for the bailiff, if they do then you can sue.

    Once you leave the tv outside close and lock the door. take all the paperwork through the letter box sign and return and take your copy.

    DO NOT UNDER ANY CIRCUMSTANCES LET THEM IN!, if they want to make a phone call or use the toilet direct them to a pub or pay phone or tell them to use their mobile.
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