Bailiff's - What can be done ?????

Tristan_09

i married my new partner in September 09 and we now have 5 children in the house.
Today a bailiff appeared at the door stating she owes £600.00 from a council tax bill she had 2 years ago.
Okay you may be saying thats her problem but her ex husband physically and mentally abused her for 9 years ans she had to be protected by police when she left their house, her ex then un known to the powers above how, but got his name taken off the council tax and placed my now wifes name on it.
The bailiffs says he is coming in 48 hours to remove MY GOODS to the value of her debt.
I'm not disputing she owes half, but can a bailiff really come to my home and take my goods when they were already in my house before she moved in.
This bailiff is unbelievably stubborn and will not be opened for any discussion.

What can i do because we just can't afford to pay.

I really would apreciate any suggestions beforei have my house stripped a month before xmas.

Thanks

Tristan 09.

samyc

im not entirely sure about this but i am sure that they cant just come in, unless you let them in.
have you not had any other warnings about this? can you not set a payment arrangement?

Tristan_09

Hi,
He told me he had been putting notes through her old address which has beeen boarded up by the council as her ex did a moon light flit.
His excuse when i told him that was rediculous was that it wasnt his problem, thats where she was still living on the electoral role.
He found her at my house by his "own ways".
He also said he wouldn't entertain the idea of a payment plan and said he looked forward to seeing me at 5.30pm Thursday with a locksmith just in case it got ugly.
I don't where these governement officials are who say they will help people in the recession, because they are ignoring the pleas of joe public who are in dire straights.

Tristan 09

samyc

threats!!! i understand how you feel

have you called the cccs? they are good at offering advice on what to do, or have you called your local council & tried a payment plan with those? surely that tey cant take YOUR things???? afterall its not your debt

Tristan_09

Who are the CCC's? I've just been reading about themon a thread, i still havn't seen what the CCC stands for, if you can let me know that would be great.
I've tried the council but they areas resiliant as the bailiff.
They just will not help.
Its a living nightmare.

samyc

go onto google and search cccs (consumer credit counciling service) there great , im not sure of the number though, but they might be able to offer advice

sandraroffey

have you let him in at all?? if you havent, then dont, not even his arm through the door and keep the windows closed.. is the car registered in her name?? hide it. they cant take what isnt hers. they cant take yours.

once you have let them in, then they can gain access by bringing a policeman and breaking in.

get on to the council she owes to with some urgency. if she can prove she wasnt living at that last address during the time it wasnt paid,(new address on bank statement, utilities etc??) then i cant see how she is liable.

but contact the council direct very quickly. you can often cut the bailiff out of the frame. and they will prob agree to a payment plan - if she is liable. let us know how you get on.

citizens advice are also great. they will phone the council for you. and the bailiff.

Tristan_09

Thanks for that, good advice, i've just spoke to the council again, and spoke to someone who was a tad more sympathetic,he says just extreme cases will they take the debt back from the bailiff but as always "they have to speak to the account holder".
My wifes at the CAB at the mo, i'm waiting on her to get back to me, shes all over the place,because shes brought this problem into my house effectivley.
I'm going to try the search on CCC thanks.
The council also didnt comment on the bailiffs antics, they just said they act accordingly for there job criteria.Yeah right,my reply "no wonder there are vigilanties in this world". Idiots.
They also asked if i had receipts to prove my goods were actually mine, but who has receipts for there possesions collected over the last 20 years.

RobertoMoir

If your partner could be considered vulnerable because of the situation with her ex then the council may be happy to take the debt back because of this, and there is also a question of the legality of any fees added on prior to this point (can't comment on those without knowing what they are, but you should consider it).

She is liable for this debt though, and (please don't be alarmed but) in theory non payment of this debt can land you in prison, though thats very rare and is reserved for certain deliberate non payment situations - I mention this not to frighten you but to ensure you realise that while we can help you send the bailiff off without touching your goods the debt will not go away and is a serious matter..

As for bailiffs rights to gain entry (really not sure what the idea of preventing them sticking an arm into the house is supposed to do, I really have heard it all now) you may find this article, if not the whole thread helpful. It will outline what bailiffs can and can not do.

As for them taking your stuff for her debt, thats a non-starter. They can't do that. You simply have to prove its your stuff. Same with anything she did own that you were worried about, which she could sell to you for a pound.. This can be done with a statutory declaration via a local solicitors office, shouldn't be that expensive.

Tristan_09

Thanks for the swift reply Robertomoir,
Yes she was very vunerable when leaving her ex, she was badly beaten and had a police escort.
I do realise what your saying regarding the debt is liable, that i can take on board.
Its the bailiff situation asking me to prove my goods are mine, its impossible, it really is, i have furniture from years ago, purchased from shops or companies that dont even exist now.
He said if i cant prove it, hes taking it.
This i wont allow. As its not practical or hopefully as you say legal.
Ive just had an update from my wife from the CAB, they are phoning council and bailiff with her incomings and outgoings form details. Hopefully we will have positive news soon.
But as this has made me aware of how bailiffs work i am going to be looking into this subject a lot more deeply and hopefully help people.
I'll be back with updates
thanks
Tristan09

blind-as-a-bat_2

Human Rights Act 1998 (September 2000)

83.26 First Protocol - Article 1


Peaceful enjoyment of possessions and protection of property

As well as tangible items such as houses and cars, "property" is, for this Article a wide category. Thus it can include, for example, such things as shares, licences, goodwill and, in some cases, the right to engage in a profession as well as the right to enforce a legal claim or of access to or control of it. No one should be deprived of their property except where the action is permitted by law and justifiable in the public or general interest.

I have often wondered how they get away with the 'you must prove its yours' line too and still apperantly comply with the above

I uderstand anyone can claim something is theres to save it from a bailif, but persicuting an innocent party, who may be telling the truth, but cannot provide proof, is not a just solution IMO