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Bailiff Letter

Insomniac666
Insomniac666 Posts: 394 Forumite
edited 9 November 2009 at 4:17PM in Debt-free wannabe
I've got to ring a DCA later re: a council tax arrears on my old repossesed property it's only £194 (I say only I couldn't pay it off if it was £20!), it's the first letter I've seen off them and they're immeadiately threating man and a van, so if I offer to set up a payment plan, show much detail should I go into? just the amount I want to pay per month? havne't spoken to DCA direct for a while and as they've threatened a visit I don't want to send a letter straight away?
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Comments

  • Charco_2
    Charco_2 Posts: 1,677 Forumite
    These forums are cyclical, the same stories turn up time and time again.

    Here was a recent thread that may be of some value to you

    http://forums.moneysavingexpert.com/showthread.html?t=2022723&highlight

    (I'm not being cheeky and saying don't post your own questions because they've already been answered, i just think this thread will cover a lot of the concerns you probably have just now - dont be bullied! Obviously people will be only too happy to help with your specific questions too! It might also help to let you see that you're never alone in these situations)
    Would you ask the wolves to look after the sheep?
    CCCS funded by banks
  • Charco wrote: »
    These forums are cyclical, the same stories turn up time and time again.

    Here was a recent thread that may be of some value to you

    http://forums.moneysavingexpert.com/showthread.html?t=2022723&highlight

    (I'm not being cheeky and saying don't post your own questions because they've already been answered, i just think this thread will cover a lot of the concerns you probably have just now - dont be bullied! Obviously people will be only too happy to help with your specific questions too! It might also help to let you see that you're never alone in these situations)

    I normally wade through but as I'm in work i thought I might get a quick answer, thanks for the link...
  • chappers
    chappers Posts: 2,988 Forumite
    Do they actually have bailiff powers or are they just a DCA if they are just a DCA then the debt may still be with the council and you may be able to deal with them.
    If they have legal powers then make them an offer but don't be bullied into paying more than you can afford. If they try just politely say I am offering you £x because that is all I can afford . If they refuse then take it up with the council, they will have a bailiff, relations officer.
    Just to add if they are bailiffs under no circumstances allow them into your house.
  • fatbelly
    fatbelly Posts: 23,237 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    The question is - have the council got a liability order against you from the magistrates court?

    If yes, then they may well be thinking of instructing bailiffs soon.

    Can you reach agreement with the council on instalments before it gets that far?

    The dca thing is unusual here. In my area the local council does not use dcas - it goes straight to bailiffs.

    Who is the dca?
  • chappers wrote: »
    Do they actually have bailiff powers or are they just a DCA if they are just a DCA then the debt may still be with the council and you may be able to deal with them.
    If they have legal powers then make them an offer but don't be bullied into paying more than you can afford. If they try just politely say I am offering you £x because that is all I can afford . If they refuse then take it up with the council, they will have a bailiff, relations officer.
    Just to add if they are bailiffs under no circumstances allow them into your house.

    They say they are Bailiffs and have a van immenent for removals, I just found out my wife sent a cheque off to them to pay, not realising I'd paid off another loan (so much for speaking when we live in same house!!!) so I know that cheque wouldn't cash, I tried ringing last night when i got home but no answer, so I've got to try again today, though I can't make calls in work, I need to get my phone topped up sharpish!
  • fatbelly wrote: »
    The question is - have the council got a liability order against you from the magistrates court?

    If yes, then they may well be thinking of instructing bailiffs soon.

    Can you reach agreement with the council on instalments before it gets that far?

    The dca thing is unusual here. In my area the local council does not use dcas - it goes straight to bailiffs.

    Who is the dca?
    My wife asked if council will take payments but no, deal with bailiffs only. I don't know how we missed it but we've moved recently (2nd time in under 2 years - rented accomodation is a pain, after losing your own house), my wife get c.tax paid direct from her pay as she's an employee with the council so I thought arrears were being recovered direct to be honest.

    oh and to top it off our new landlord has said he may look to put house for sale after our 6 rental agreement is up... when we said to letting agency we'd like to have stayed for 2-3 years when we moved in...

    The Bailiffs are Andrew James Enforcement, from Swansea.
  • RobertoMoir
    RobertoMoir Posts: 3,458 Forumite
    Part of the Furniture Combo Breaker
    They say they are Bailiffs and have a van immenent for removals, I just found out my wife sent a cheque off to them to pay, not realising I'd paid off another loan (so much for speaking when we live in same house!!!) so I know that cheque wouldn't cash, I tried ringing last night when i got home but no answer, so I've got to try again today, though I can't make calls in work, I need to get my phone topped up sharpish!

    "They say they are Bailiffs".

    Perhaps you need to tell us exactly what they do say. And who their letterhead claims they are. Then we'll be able to judge if they are indeed bailiffs (to be honest, almost certainly so if they're recovering council tax) and where things are with them at the moment.
    If you don't stand for something, you'll fall for anything
  • "They say they are Bailiffs".

    Perhaps you need to tell us exactly what they do say. And who their letterhead claims they are. Then we'll be able to judge if they are indeed bailiffs (to be honest, almost certainly so if they're recovering council tax) and where things are with them at the moment.
    I'll get the letter soon as I'm home but online search says bailiffs and they're listed under that on yell.com, I tried ringing yesterday but no answer, no answerphone so I coulnd't leave a message, there was no mobile number on the letter or email address either... I car share to work at the moment so can't wait around till 9 hoping someone answers, so hoping I can catch them after I get home.
  • RobertoMoir
    RobertoMoir Posts: 3,458 Forumite
    Part of the Furniture Combo Breaker
    ok thats fine. We really do need to know exactly what correspondence you've been left by them. I'm thinking what you have is a first "attended to levy" letter. Keep in mind that the bailiff will charge you for all letters, and some of those charges might even be legitimate.
    If you don't stand for something, you'll fall for anything
  • ok thats fine. We really do need to know exactly what correspondence you've been left by them. I'm thinking what you have is a first "attended to levy" letter. Keep in mind that the bailiff will charge you for all letters, and some of those charges might even be legitimate.

    Update... this is a second letter, first one my wife rung the local authority and that's when they said passed to bailiffs.

    the letter i got now says it has a magistrates liability order to execute.

    tried to ring again last night no answer.... I'm going to squirell my way onto a private phone in work today.. should I make a plea payment offer?

    As i said earlier my wife sent a cheque off less some charges she thought were ridicolous, but that wouldn't have cashed I don't think, as we were very short this month (after paying off a payday loan).

    She's not sure where this new amount came from as she thought it was higher on previous letter.
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