Bailiff helpers, QUICK

Freddie_Snowbits

mum_of_5 wrote: »

Hi all,
I am not sure if I am putting this in the correct place, if not I am sorry.

I am writing this for a friend, her husband died a few years ago and during this time she ran up CT arrears, the council sent a bailiff and she signed a walking possession agreement and kept up the repayments.

One of her children left home and she was unable to pay one month. The Bailiff then phoned her and told her that he had arranged for her goods to be removed that day. This was in April, he has phoned about monthly with the same threat but never turned up, he is also unwilling to negotiate a new payment plan. Yesterday he phoned again saying that he would there be 12 with a van, and that in 6 weeks she would be going to court and facing a prison sentence.

This has had an awful effect on her mental health, being kept dangling and now threatened with prison, as she has 3 young children.

Is he allowed to do this? Can anyone help me help her as after 4 months of this she is at the end of her tether.

Thank you

Mandy

Please help this girl, out of Freddies knowledge

Sunnylooloo

Sorry i have no idea about Baliffis - but isn't there two people around that can help one an ex- baliff (Robert - I think) and also a site that has been set up by another use - I will see if I can find the links and the name of the ex baliff as maybe she can PM him

Sunnylooloo

The guy is RobertMoir and I have found another link for you More advice - http://www.bailiffadviceonline.co.uk/

not sure if that is of any help - sorry

alocacoc

remove anything of value from the house

they cant take stuff you need to live with ie fridge

but if they had an American fridge worth a bit they might think differently

and a 50 inch HD TV they might again think someones taking the mickey

mum_of_5

Thanks for the help so far, am looking at that link now.

She has an 'old fashioned' tv, no computer, hence I am doing this and quite simply all the basics.
The things that are on 'the list' include, a sorn car, some shelves, one of the kids old tvs, the tv in the lounge, a 3 piece suite and a ps1.

Keep up with the ideas. Thankyou.

Sunnylooloo

mum of 5 i think there is another site - let me see if I can find it that was set up by someone from here (not sure if it is the same as the link i have given you? i'll do a search and will be back shortly)

Sunnylooloo

yep that was the right link as just found this on an older post

The best source of advice is Herbie21 on http://www.bailiffadviceonline.co.uk/ - 0906 802 0273 (60p a min)

good luck

dancingfairy

alocacoc wrote: »

remove anything of value from the house

they cant take stuff you need to live with ie fridge

but if they had an American fridge worth a bit they might think differently

and a 50 inch HD TV they might again think someones taking the mickey

That's helpful - if it's on the walking posession agreement it now belong to the bailiff but you are allowed to keep use of it while paying - to remove items now would lead to trouble.

Right back to the original question::
No it's not up to the bailiff whether she goes to prison - this is complete rubbish. In theory people can be taken to court and asked for a committal order but this is extremely extremely rare and is only going to be used in the most serious cases where nothing has been paid for several years/people are being very, very ,very difficult. Clearly in this case this is not true so ashe really does not need to worry about it - and it would be up to the council not the bailiff.
The website othes have referred to is bailiffadvice online I think run by Herbie.
I would have a look on National Debtline's website and give them a call as they are free where as Herbie charges.
I would also get in touch with the council and a local councilor as this behaviour from the bailiff is out of order and the council should be responsible for the behaviour of their agents.
df

debt_doctor

Hi,

The thing about bailiffs is that the last thing they ever want to do is to take your goods. It is the THREAT of taking goods that makes people pay (once a walk in possession has taken place) The bailiff continues to threaten to come and take the goods - but never does. The re sale value of most peoples goods is almost nil by the time the removal costs, auction fees etc have been covered.

My advice would be to continue to pay what you can afford no matter what the bailiff says. You could also consider a complaint to the national standards enforcement agency and to the council as the debtor seems vulnerable to me and the bailiff is using unprofessional language. The council are legally responsible for the actions of their bailiffs.

If there has been a long time from the last payment to the first re visit by the bailiff then the levy could have been 'abandoned' - but that will need to be looked at carefully.

As for going to prison - erm NO ! - that is a final option for the COUNCIL to persue, not the bailiff, and you would have to be found guilty by the magistrates for 'wilful and culpable neglect' to pay the c/tax - that will never happen in these circumstances.

DD