Dealing with Bailiffs Harassment

lets_fight_bailiffs

Please note a must, watchdog 26th september BBC1

2 Bailiff/high court enforcement firms are shown for what they really are and all you who think there is nothing wrong with bailiffs will be stood corrected, as it shows how these firms confess to unjust charges illegal entry and all the other unjust there is in this trade.

LFB

~Brock~

never-in-doubt wrote: »

Can we try and keep emotive responses to ourselves chaps! Lets Fight Bailiffs was invited over from CAG by myself to offer input to MSE being he is very very clued up on the legal aspects of fighting bailiffs.

Brock aren't you one of the main instigators and preachers for "pay what you borrow" (even though its unlawful and you don't have to pay)? Therefore I hardly think your comment was without contradiction.

One would hardly call a government levied charge as being a debt, so lets not get all self richeous, Brian of Nazareth has nothing to do with this thread and neither do lillies...... :rolleyes::rolleyes::rolleyes:

I saw an opportunity to add a bit of humour. I have no opinion one way or another about bailiffs, although I'm pretty sure I couldn't eat a whole one. If 'Let's Fight Bailiffs' can...er...fight bailiffs... then more power to his elbow old chap.

Can't you even take a light hearted quip without being so..............anal? The only emotive comments appear to be from you.

Get a life !!!!!! man.

never-in-doubt

lets_fight_bailiffs wrote: »

Please note a must, watchdog 26th september BBC1

2 Bailiff/high court enforcement firms are shown for what they really are and all you who think there is nothing wrong with bailiffs will be stood corrected, as it shows how these firms confess to unjust charges illegal entry and all the other unjust there is in this trade.

LFB

Ahhh, the new Watchdog with Annie eh? I much preferred the older one with Nicky & Julia (grrrr Julia ).... but at least with tweedle dee and tweedle dum (those fudge-packers on a bike) it brightens the show a little more!

never-in-doubt

~Brock~ wrote: »

I saw an opportunity to add a bit of humour. I have no opinion one way or another about bailiffs, although I'm pretty sure I couldn't eat a whole one.

:rotfl::rotfl:

Brock - apologies if I misread your post :beer:

lets_fight_bailiffs

£24.50 and £18 for the second visit there are no more visit fees a Bailiff can charge for the same L/O or for a second order where the bailiff is collecting at the same time .

lets_fight_bailiffs

Herbie21 wrote: »

A bailiff CANNOT apply a visit fee of £24.50 for EACH Liability Order. This same query was the subject of Detailed Assessment and the District Judge made it clear that a bailiff enforcing MORE than one Liability Order at the same time CANNOT charge "multiple fees".

The case reference is: Throssell v Leeds City Council.
.bailiffadviceonline

With regards to the web address above although has nothing to do with me at all, is the very best place to go for any bailiff advice online.

LFB

hassledbybailiffs

Afternoon all, and as far as a first post goes, I will try to keep it brief.

I have always been one of the 75% in debt and as such am so fed up with it. I'm looking for serious methods for clawing myself out of this pit. Currently I'm a long term unemployed individual with asperations of self employment and am struggling to handle the Bristow & Sutor attention.

I share a property with a friend who invited the bailiff in for an informal chat about his debts (against my repeated advice), as I too have outstanding council tax debts I ensured that my door was closed and I had no dealings with the bailiff throughout this visit (even though I was in the property at the time).

The bailiff then recieved a signiture from my housemate for his debts and I was left with a half completed bailiff form, without my signiture on it. Since then I have not handled the situation very well at all. I have made a damn good osterich impersonator and it's time to sort my life out (please save judgement).

Today I recieve a call from my housemate who informs me that he (whilst he's at work) has recieved a phone call from the bailiffs explaining that they will be ringing for a locksmith to forceably open the doors and remove goods unless he returns to the flat and can pay the debt of £1400. Checking outside there were two vans (one council van, the other a transit) and two bailiffs hammering on the door.

Since my "Levie on property" form was left unsigned, and even though I was sent numerous letters (which as previously noted stating removal of goods etc. and my poor handling of debts and personal problems) today has given me the right kick up the !!!! to sort this.

So, my question is this really (I'm trying to keep this short honest). Even though there was no inventory taken of my limited belongings, and even though they do not have my signiture on any documentation are they legally able to come into a property under one reference number and take another persons property?

And finally (I'm sure you'll be pleased to know). Each time a visit is conducted they are adding £130.00 in charges as it is with a van in view to removal of my own limited goods. Even though my debt with them has never been the recipient of an inventory. Are these charges legal?

Just putting this out there, all feedback welcome and I'm sure to be using the forum and site a whole lot more in the coming months.

Thank you all.

lets_fight_bailiffs

Reading your post i have a few questions.

what in the flat is yours?

What is the debt for?

And have you had a court order?

jojo1964

UPDATE.

Received a letter this morning.

Dear sir.

RE. OUTSTANDING COUNCIL TAX.

We Acknowledge your letter, the contents of which have been duly noted.

Unfortunately you do not seem fully aware of the procedures regarding the enforcement of Council Tax arrears by distraint.

You are mistaken in believing wa are required to make an appointment with you prior to a visit and we suggest you seek legal advice which will confirm this.

Our bailiff is now due to visit your property to continue with our recovery action. We suggest you await their attendance to discuss this matter further.

We trust this clarifies our position.

Yours faithfully

B & S.



(this despite increasing my offer to pay to £150 per month)


Any advice would be welcome.

never-in-doubt

jojo1964 wrote: »

UPDATE.

Received a letter this morning.

Dear sir.

RE. OUTSTANDING COUNCIL TAX.

We Acknowledge your letter, the contents of which have been duly noted.

Unfortunately you do not seem fully aware of the procedures regarding the enforcement of Council Tax arrears by distraint.

You are mistaken in believing wa are required to make an appointment with you prior to a visit and we suggest you seek legal advice which will confirm this.

Our bailiff is now due to visit your property to continue with our recovery action. We suggest you await their attendance to discuss this matter further.

We trust this clarifies our position.

Yours faithfully

B & S.


(this despite increasing my offer to pay to £150 per month)

Any advice would be welcome.

Hiya

First off, don't panic - we are still right and they are still wrong lol. They are now trying to scare you using the term "distraint" which, as previously suggested STILL means they CANNOT FORCE ENTRY!

Maybe its time to let them know you do actually understand the law, and have an ex bailiff and legal boffin helping you and suggest they in fact seek legal guidance.

I quote, (this is the law) & note the red bold text below:

Distraint is a process whereby the Revenue may take some of your possessions for sale at auction towards settlement of an unpaid tax bill. The collector has the legal power to do this without any court order.
Distraint is a very ancient course of action, involving many unfamiliar terms like 'seizure', which can sound quite frightening. There will be a very short period of just five days between the time that the collector visits, and the time that your goods are removed for sale. And an item of great importance to you may fetch only a small fraction of its true value at an auction.


So threats of distraint should not be ignored, but it may be reassuring to know that:

• the collector should act within the law, and you need not fear the illegal behaviour that is sometimes reported of bailiffs who carry out distraint for other debts,
• the collector cannot force his way into your premises without a court order, and such orders are very unusual, and
• in practice only a tiny number of distraint visits lead to sales at auction (about one visit in a thousand).

Have a read here: http://www.insolvencyhelpline.co.uk/tax_debt/threat_of_distraint.php

So your next steps should be to compose a polite reply reiterating any attempt to gain access in denied and will continue to be so, and remind them they need a court order. Then go on to say you'll contact the court if an order is issued and strike it out on the basis of your more than generous offer. Bottom line, they are clutching at straws.

I'm sure Roberto will be along shortly and clarify any missed points. To be fair I never even thought of distraint cos courts rarely issue an order so the same rules apply, as in your original letter.

Entry to your premises

The collector will need to enter your home or business before the process of distraint can begin. By law, this must be peaceful entry. The collector may not make a forced entry without a court order, and these are very unusual. Denying the collector access does not of course end the matter; it is a wake