Dealing with Bailiffs Harassment

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  • JAMJK
    I would like some help please.

    Can a bailiff carry out a valid levy through a letter box.


    A bailiff can only take a levy if you let them in, or if you have a car on the drive or outside the house then they can levy upon that so you must remember to move any car away from the house.

    Keep all windows and doors locked, do not make conversation with a bailiff through a letter box always in writing.

    once you have let a bailiff in to your home then they have a right to (force entry) this is by way of a lock smith at your cost so never let them in or sign a WPA


    LFB
  • REF lawyers online

    Do not under any circumstances let him in. Conduct any conversation through the letter box. Ensure all door are closed and locked - he cannot break open a door but can open one it it is unlocked, Budd v Pyle [1846] 10 JP 203. Make sure windows are closed too. He can climb in if one is open Tutton v Darke [1860] 5 H&N 647. When in he can break out by force. If he enters by force he is there unlawfully and you should treat him as a trespasser. In Vaughan v McKenzie [1963] 3 All ER 1154 two county court bailiffs used force to enter. One was struck over the head with a full milk bottle. Held: Not assault, the bailiff was there illegally. Move and secure your car and any expensive garden furniture or equipment. If you or your family feel alarmed, harassed or humiliated the bailiff is potentially in breach of s40 of the Administration of Justice Act 1970. That is actionable by you. The penalties for him (and his employers) are severe. The council cannot behind their usual response that it is out of their hands. If he is in breach, so potentially are they. Write to the court too. Why not have a recording device ready for when he calls and take photographs too. Show no mercy. Keep calm and in control. Finally you have to pay this money, albeit at your pace. If not you will eventually be up before the beak and hauled off to prison.
  • jojo1964
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    I posted this on a seperate thread, but was advised to post it here for further advice, or clarification (thanks to Never-in-doubt) I have council tax arrears, and it has been handed to a company called Bristow and Sutor, they wrote demanding £110 a week to clear the debt of £1300, i wrote back, informed them of my circumstances, and offered £125 a month, and included the first payment, they have written back stating that the amount i have offered is "unacceptable".

    "Further to your recent enquiry we write to advise that your proposal is not acceptable.

    At this time our bailiffs have already been instructed to attend your property and therefore no further agreement will be entered into on this account. We therefore suggest that you await the attendance of our bailiff to discuss the matter further.

    We trust this clarifies the situation.

    Yours faithfully

    B & S

    Bristow and Sutor."

    The amount offered is the best i can manage at present, and i will be keeping up payment at that rate.

    Any advise on what i should do now?

    Thanks.

    If i send the letter, regarding a doorstep visit, what are there options on forcing me to pay more than i can afford?
    Thankyou Sir Alex for 26 years
  • Can you give more info IE are you working?

    did you receive the first court order?

    do you claim DLA or JSA?

    LFB
  • sporedude
    sporedude Posts: 1,563 Forumite
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    Heres a tip for the entire debt board.

    Avoid Baillifs by not getting into debt.

    Simples.
  • Also what fees have been charged and how mutch for
  • never-in-doubt
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    jojo1964 wrote: »
    I posted this on a seperate thread, but was advised to post it here for further advice, or clarification (thanks to Never-in-doubt)

    If i send the letter, regarding a doorstep visit, what are there options on forcing me to pay more than i can afford?

    Hiya

    Thanks for posting here...... you must send that letter, without fail send that like now!

    Regards to repayment, you can only pay what you have and if you do an SOA then the court may authorise the amount you stipulate. There is a couple of people on here that will give specific help but for my part, get the letter sent asap!
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • jojo1964
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    Can you give more info IE are you working?

    did you receive the first court order?

    do you claim DLA or JSA?

    LFB
    Yes i am working, dont claim anything. but was off work through injury for six months last year, which led to a few financial problems which are being dealt with through a DMP.

    I received a letter from the council when i first fell into council tax arrears, stating that a court order had been granted, and made a similar offer to the council, which they failed to respond to, next thing i received a hand delivered letter from Bristow and Sutor saying that they had been, i wrote back offering £125 a month, which they have refused.
    Thankyou Sir Alex for 26 years
  • never-in-doubt
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    sporedude wrote: »
    Heres a tip for the entire debt board.

    Avoid Baillifs by not getting into debt.

    Simples.


    Heres a tip for the entire debt board. Avoid sporedude cos he gives silly, duff, irrelevant advice.

    Simples
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • jojo1964
    Options
    Hiya

    Thanks for posting here...... you must send that letter, without fail send that like now!

    Regards to repayment, you can only pay what you have and if you do an SOA then the court may authorise the amount you stipulate. There is a couple of people on here that will give specific help but for my part, get the letter sent asap!

    Letter printed out, and will be posted today, thanks.
    Thankyou Sir Alex for 26 years
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