Dealing with Bailiffs Harassment

Faye449

RobertoMoir wrote: »

Well that's pretty easy then.

Council tax, no levy, max fee is 2 visits "with the intention to levy, but where no levy is made". Total of £42.50.

They can visit more than twice to attempt a levy, but they can only charge for 2 failed attempts. Anything more than that and they're charging incorrect fees and should be the subject of a formal complaint to the council, because the council are responsible for their actions as agents of the council.

Thanks Roberto, I shall have (write lol) words with the council in that case.

RobertoMoir

Faye449 wrote: »

Thanks Roberto, I shall have (write lol) words with the council in that case.

Ok. Keep in mind that the first person you speak to will phone the bailiff company, get told some flannel about why the fees are correct, and believe them rather than you.

They're still in the wrong though, so refuse to accept this answer ;-)

You may find complaining via your local councillor to be the most effective route if they start with these games.

sunshine38_2

Evening folks

This is my first experience of having received a "Notice of attendance to seize goods". It was posted through my door this morning and it is for outstanding council tax of £281 + costs - (I'm assuming the maximum amount can be £42.50).

The bailiffs are Jacobs.

I'm trying to work out how to gather the money together as quick as I can and I understand that I should make any payments directly to the council - rather than the bailiff. Is that right?

I understand, having read the previous most helpful posts that our old banger of a car should not be parked on our driveway. How far away from the house does it need to be? It wasnt on the drive this morning as hubby uses it to get to and from work so it has only been there since 6pm this evening. He's moved it a couple of doors away - is that sufficient?

I've gone around the house and made sure that all windows and doors are locked.

We had been repaying monthly since getting a liability order last July and everything went completely wrong in January when (a) I went on to basic maternity payments and (b) had an emergency early delivery of baby. When the dust settled, I realised this was still outstanding. I am trying to work out how to get a lump sum together as soon as possible.

I feel quite distressed to be in this position. My questions are:

1. How frequently do bailiffs call? Is it once a day or more?

2. Are there set times as to when they are "allowed" to turn up at your premises or am I to live with this constant worry for 24 hours a day, every day? (I feel like I cant breathe ).

3. I gather there is absolutely no point in trying to call the number left and tell them that I am trying to get the money together and will make payment as soon as I can - but it feels weird not contacting them.

3(a) Am I making things worse by not contacting them at all?

3(b) Should I write and tell them what I propose to do?

4(a) Do I just pay the council £281 and not the "costs"?

4(b) If I dont pay the "costs" to the council am I supposed to pay the bailiff directly?

4(c) Do I not pay these costs at all? If not, will the bailiffs keep coming out etc?

5. Once the debt is paid, how long will it take for them to leave us alone - will I ever know that they are "gone" and I'm safe to open a window and be able to breathe again in my own home?

Are all bailiffs really so bad? That's the obvious impression I get. My initial reaction was to just ring the number, try and offer a payment plan and get it sorted - I'm glad that you're all here on MSE as I would be so lost without this place.

If you can help ease my worries it would be very much appreciated.

Many thanks,

Sunshine (well, it's a cloudy day today!)

RobertoMoir

sunshine38 wrote: »

Evening folks

This is my first experience of having received a "Notice of attendance to seize goods". It was posted through my door this morning and it is for outstanding council tax of £281 + costs - (I'm assuming the maximum amount can be £42.50).

If they haven't completed a "levy" (list of goods they are seizing) then all they can charge is a max of £42.50, yes.

I'm trying to work out how to gather the money together as quick as I can and I understand that I should make any payments directly to the council - rather than the bailiff. Is that right?

What are you hoping to achieve by paying the council at this point?

Actually let's back up a bit. What exactly does the letter say that they left?

I understand, having read the previous most helpful posts that our old banger of a car should not be parked on our driveway. How far away from the house does it need to be? It wasnt on the drive this morning as hubby uses it to get to and from work so it has only been there since 6pm this evening. He's moved it a couple of doors away - is that sufficient?

It needs to not look like it's your car whenever a bailiff calls. If someone parks outside your neighbour's house and walks into your house while the bailiff's parked up in his van writing up his notes then it's not rocket science.

1. How frequently do bailiffs call? Is it once a day or more?

However often they want.

2. Are there set times as to when they are "allowed" to turn up at your premises or am I to live with this constant worry for 24 hours a day, every day? (I feel like I cant breathe ).

Generally speaking they can't call at "antisocial" hours.

3. I gather there is absolutely no point in trying to call the number left and tell them that I am trying to get the money together and will make payment as soon as I can - but it feels weird not contacting them.

3(a) Am I making things worse by not contacting them at all?

Won't make much of a difference either way if you won't give them everything they want if you do speak to them.

3(b) Should I write and tell them what I propose to do?

4(a) Do I just pay the council £281 and not the "costs"?

You will need to pay the council the outstanding council tax plus any costs the council have incurred.

4(b) If I dont pay the "costs" to the council am I supposed to pay the bailiff directly?

The bailiffs would like that. In your place if you can ignore the bailiffs and pay the council's debt in full then do that on the understanding the council call off the bailiffs at that point.

5. Once the debt is paid, how long will it take for them to leave us alone - will I ever know that they are "gone" and I'm safe to open a window and be able to breathe again in my own home?

They will stop calling as soon as they realise there is no point, or that the debt has been paid and they've been told to stop calling.

Are all bailiffs really so bad? That's the obvious impression I get.

Do you want a serious answer? I'm a former bailiff. Do I seem "so bad" to you?
It's an unpleasant job. As such people who are doing the job are forced to be unpleasent, regardless of whether or not they are personally.

sunshine38_2

Good morning RobertoMoir

Thank you so much for your detailed reply - it's really helpful.

A family member has offered to help and hopefully we will have the money together by Monday. If the bailiff knocks today (or over the weekend) should I answer and ask them to come back on Tuesday and just pay the whole lot in cash to them (obviously asking for a receipt).

I need this to go away as I cant cope with the stress of it. I cant cope with the fear that my children cant even have a window open and it's not safe for my little boy to be leaving the back door open while he runs in and out to play football.

It's a lesson learnt the very hard way . In future I will make sure that after the mortgage, the council tax is paid and I will worry about everything else after that.

Completely understand about the car situation - no, it's not rocket science really is it - just wishful thinking on our part!

I think you are a very nice person and I guess if you hadnt been a bailiff at an earlier point then you wouldn't be able to help as much as you do now.

Thanks again, your help is much appreciated.

Sunshine

RobertoMoir

sunshine38 wrote: »

Good morning RobertoMoir

Thank you so much for your detailed reply - it's really helpful.

A family member has offered to help and hopefully we will have the money together by Monday. If the bailiff knocks today (or over the weekend) should I answer and ask them to come back on Tuesday and just pay the whole lot in cash to them (obviously asking for a receipt).

Don't speak to them until you have the full amount. They will only end up trying to trick you so they can add more fees to the debt. Sure, we may be able to get those taken off for you in the end but simpler to avoid the situation. I know its not going to be a nice time until it happens but...

never-in-doubt

RobertoMoir wrote: »

Do you want a serious answer? I'm a former bailiff. Do I seem "so bad" to you?.

:think::think::think::think::think:






* Only joking Roberto - you're one of the nice guys

PinballWizzard

I have a council tax debt for £1,397.00 which has been passed to Julious and co Bailiffs. They attended my previous property and gained peacable entry as my girlfriend was there. She signed a walking possession agreement and agreed to pay £20 per week to the debt.

The debt is not hers though. She did not live at the property. Does anyone know if the Walking Possession Order is valid?

I don't believe she had authority to do any of this and it was a breach of data protection and against OFT guidelines on Debt Collection for the bailiff to discuss my debts with her.

I have since moved property and as the agreement was not maintained the bailiffs have said they are attending my new property to remove the goods listed on the walking possession order.

Can they do this as they have never gained entry to my new property.

Urgent help would be appreceiated!

And by the way I am not in a position financially to pay this debt. I have made an offer of £10 per week which has been rejected!

Herbie21

PinballWizzard wrote: »

I have a council tax debt for £1,397.00 which has been passed to Julious and co Bailiffs. They attended my previous property and gained peacable entry as my girlfriend was there. She signed a walking possession agreement and agreed to pay £20 per week to the debt.

The debt is not hers though. She did not live at the property. Does anyone know if the Walking Possession Order is valid?

I don't believe she had authority to do any of this and it was a breach of data protection and against OFT guidelines on Debt Collection for the bailiff to discuss my debts with her.

I have since moved property and as the agreement was not maintained the bailiffs have said they are attending my new property to remove the goods listed on the walking possession order.

Can they do this as they have never gained entry to my new property.

Urgent help would be appreceiated!

And by the way I am not in a position financially to pay this debt. I have made an offer of £10 per week which has been rejected!

Sorry to be the bearer of bad news but the legal position is that any "responsible person over 18 years of age" can sign the walking possession if a bailiff has managed to gain "peaceful entry".

There are a few important points however to consider.
The purpose of the "levy" would be to secure sufficient goods in which to cover the debt. If the levy is just against a few items such as tv, dvd, microwave etc then the levy would be of no use because if the goods are sold, the bailiff would need to satisfy himself that the sale would provide an amount that can be used to reduce the council tax and this could be very unlikely given the cost of removal, storage, auctioneers fee etc would not provide.

Another point that needs to be considered is whether the bailiff has abandond the levy. This can be the case if he has left it a few months without payments to contact you.

The final point is that he does not need to gain "peaceful entry" into your present home because when the walking possession was signed , in the "eyes of the law" the goods are now in the ownership of the bailiff until full payment is made and therefore, if you remove HIS goods he can attend another address to RESCUE them.

Bailiff Advice Online.

Cullumpster

i am currently paying a baliff £25 pw for my council tax arrears, i agreed to this and have been paying, he did 'pop round' though for me to fill in some forms, so i let him in :eek: :eek: I didn't realise that if i have let them in now they can force there way in after :eek:


I am currently ok with paying the £25 wk and i'm not shirking the payments as i know i owe them, however it is a struggle i only work part time and my hubby is SE and not working due to him slipping a disc at work grrr so i am paying on a thursday when i get my WTC paid into the bank!!!
so my question after all of that lol,

The baliff said 'by law i have to put a couple of pieces of furniture on the form', he put on my sofa and my table and chairs, now if they remove these if say i can't pay, my little boy would have 1. nothing to sit on and 2. nothing to eat his dinner from, i thought that they could only take things like tv's compters cars etc not anything that you would actually need on a daily basis?

Any help? (by the way the sofa is a leather on but about 10 years old, so is the table and chairs if that makes a difference?)