Baliffs at our door this AM - and coming back - Please Help!

Broken_hearted

They have to do paperwork whether they like it or not. Are they saying that when people pay them they don't even give them a reciept so they can come back later and charge again. Which in a way is what they are doing if you have proof it was paid (exempt).

wendym

When you have the strength, write to the relevant dept at the council, copying the letter to your MP.
The MP has to reply, which means contacting the council, which annoys them no end, and means they have to deal with it.

In_Search_Of_Me

Oh this is awful poor you. I dont know anything about bailiffs (except they earn a bomb) but would suggest if they come again & start hassling that you ring the police, let them in & show them the documents you have confirming that the debt was charged due to an error by the council...what did solicitor say? Just wanted to send a big hug...must be awful...let us know how you get on...

looby75

I know it's already been said but I just wanted to point out again,

DO NOT under ANY circumstances answer the door to the bailiffs, don't let them into your apartment block, refuse to even speak to them.

If they call back simply say that you have spoken to your solicitor and have proof no moneys are owed and that all contact between yourselves/council and bailiffs will be via writing from now on THEN hang up the intercom and if they make any effort to break in or continue to harass you phone the police and report them for attempted breaking and entering (I think that's what the CAB told my friend to report them for)

Good luck and I hope this all gets sorted for you soon.

KittyKate

Thanks all. My OH's solicitor said that the baliffs were lying to try and get us to pay, even though there is no debt to pay. They don't even have a litigation against us (which is what is neccesary to send a baliff to remove goods).

The solicitor explained that it was never our job to inform the baliff of the closure of the debt. Although the council should have checked the baliff had closed off the order, the baliff should, the first time we called, have contacted the council to verify the debt had been cleared by exemption.

I'm still terribly shaken at being shouted at so viciously on the phone,I was told to 'shut up and listen', 'you're a student and you're trying to get out of paying', 'you're just a debtor to me', 'i don't care what paperwork you have', 'if you don't open the door to the baliffs they'll break the door down and take your goods then change the locks' and screamed at and hung up on at least twice by the same 'advisor'.

Scare tactics are illegal. And this is a firm acting on behalf of local government. I was advised to ignore any callers/call the police if needsbe, verify the paperwork was recieved and the 'debt' cancelled then demand witten apologies from both the council and baliff, before reporting the baliff to their higher authority, hopefully affecting their yearly baliff's licence application.

Emmzi

Hope you are feeling calmer and in control now!

savvy

KittyKate wrote:

Thanks all. My OH's solicitor said that the baliffs were lying to try and get us to pay, even though there is no debt to pay. They don't even have a litigation against us (which is what is neccesary to send a baliff to remove goods).

The solicitor explained that it was never our job to inform the baliff of the closure of the debt. Although the council should have checked the baliff had closed off the order, the baliff should, the first time we called, have contacted the council to verify the debt had been cleared by exemption.

I'm still terribly shaken at being shouted at so viciously on the phone,I was told to 'shut up and listen', 'you're a student and you're trying to get out of paying', 'you're just a debtor to me', 'i don't care what paperwork you have', 'if you don't open the door to the baliffs they'll break the door down and take your goods then change the locks' and screamed at and hung up on at least twice by the same 'advisor'.

Scare tactics are illegal. And this is a firm acting on behalf of local government. I was advised to ignore any callers/call the police if needsbe, verify the paperwork was recieved and the 'debt' cancelled then demand witten apologies from both the council and baliff, before reporting the baliff to their higher authority, hopefully affecting their yearly baliff's licence application.

I had the exact same thing thanks to Npowers incompetence..................I was basically treated like a piece of !!!!!! from the debt collection agency, time and time I got threatened, and eventually one really nice female ACTUALLY listened to my predicament with Npower and could finally see that it was THEM that owed ME money, with that she wrote off the debt...................but it took a year to convince them!

Just make sure that you and your partner keep VERY calm with them and stick to the facts, doesn't matter how infuriating they get, don't lose your heads as they have then broken you, and always INSIST on a copy of any decisions, in writing.

Good luck and fight for your right!

domestic_goddess

Nothing to add just a big hug. Get yourself a nice bottle of wine for tonight and sit and drink it whilst eating a nice bar of choccy. That always calms me down after a stressful day. Tomorrow get a strongly worded letter sent off to the council.

all_hours

What a terrible experience for you! I haven't any advice just offering a word of support.

taylornj

Take the Solicitor's advise, and do make sure you complain to the council and baliffs, otherwise others will just get the same. Trading Standards worth contacting, as are the CAB.

I would include in your complaint the the Debt collection called over the weekend - when they knew the creditor the council couldn't be contacted, unless your council is open weekends. My council has an emergency number never used it so could be just an answer phone, does your council have an emergency number, if so call them, and insist they sort this out.

From
http://www.payplan.com/debt-library/bailiffs-harrassment.php

The Administration of Justice Act 1970 S.40 makes it a Criminal Offence for a creditor or a creditor's agent (often a debt collection agency) to make demands (for money), which are aimed at causing "alarm, distress or humiliation, because of their frequency or publicity or manner". Equally, a creditor will be committing an offence if they falsely imply that non-payment of the debt will lead to criminal proceedings; or the creditor pretends to be someone they are not e.g. a court official or bailiff. It is also an offence to send a person a document which looks like it has been sent from a court.

If you feel you are subject to Debt Collection Harassment then this too could be classed as a criminal offence. Harassment can be verbal or in writing and would include making repeated calls to your workplace or in anti social hours. The Protection from Harassment Act 1997 makes it a Criminal Offence for any person to pursue a course of action "which they know, or ought to know, amounts to harassment of another person".

bailiff law