Help!! Bailiffs

level200

Hi Guys

I have found out that my wife has been recieving letters from Rosendales baliffs regarding council tax. I found out as one called this evening and told me that he will be round tomorrow with a lock smith to remove goods.

I have spoke with my wife regarding this and found out the following points that are important:

1: The have never been in the house
2: They have never made a walking possessions order.

So, my question is. Can they use a locksmith to gain entry if they have never gained peaceful entry in the past. And shouldnt i have a copy of the warrent instead of a photocopy of a standard rosendales distress warrent bit of paper but nothing from the court.

Update.. my wife said that she has offered to pay in instalments a few times but they have refused saying that they need it in full. Can they accept installments?

Cheers for any help

DarkConvict

For council tax, they can charge a max of £42.50 (1 visit and 2 letters).

Without peaceful entry they can do no more.
They cannot force entry, nor use a locksmith or police to gain entry to the property. Any attempt to do so is outside their warrant and would be the criminal offence of breaking and entering. The police would take this very seriously.

I would contact your council office and inform them of the actions of the baillffs. As i believe it is only for HMRC and magistrate (criminal) fines can they force entry without first been inside to obtain a walking possession order

More advice - http://www.bailiffadviceonline.co.uk/

level200

Any advice on what i should do or say when they return tomorrow?

myothercarisaferrari

AFAIK, they are not allowed in your house unless you let them. Keep all your doors and windows locked, move your car away from your house if needs be, then tell them to FO :-) they have about as much power as....um, Tony Blair!

Blahah

Yup, keep doors and windows closed, curtains drawn. Don't answer the door. Don't enter into a conversation with them - just let them leave. Make sure your car is locked etc.

fatbelly

They can charge for two visits: £24.50 + £18 = £42.50

The scale is at the end of this factsheet.

Factsheet | Bailiffs & Council Tax

level200

Ok thanks for the advice guys, can they use a locksmith?

Rossy.

level200 wrote: »

Ok thanks for the advice guys, can they use a locksmith?

No mate - It's classed at breaking and entering and you can get the police involved

Bailiffs have hardly any power if any at all. They use bully tactics to get people to pay like they are trying now.. as another poster said just tell them to FO when they turn up

Marisco

No they can't, and if they try phone the police and have them charged with B & E!!!

kaya

remember also that bailiffs have a set number of visits that they are allowed to make to your home, im not sure now but it used to be three, if they are unsucessfull in levying distrsss or making a payment arrangement then they are duty bound to return the debt to the issuing court at which time all the bailiff's charges are removed completely, they dont get to charge you if they are unsucsessful and dont get paid themselves, this can knock a huge amount off of your debt and in some cases make it affordable, as mentioned before-lock your windows and doors when you go out, they cannot force entry if they have not listed property for removal, they cannot list property for removal if you dont let them in, hide your car in another road though if you have one , or provide them with a reciept to prove the car is NOT owned by the person named on the warrant, i just signed everything over to my wife, sent thenm proof and they didnt even darken my doorstep!

level200

So what would happen if it gets returned to the courts?