Urgent bailiff help please.

drew11

I know there's loads of info on here about bailiffs but im desperate, ive come home from work today to be told by my wife that a bailiff has been around asking for the full amount of unpaid council tax, she also admitted to me that he also came approx 2 months ago and she let him in and he took a levy of possessions. my wife has been suffering from depression and chose to keep this information quiet as she was ashamed that it hadnt been paid.
The bailiff has given us 24 hours to find the money and will return at 14.00pm tomorrow to collect or to remove the possessions.
I dont have the money and as he's only given 24 hours hasnt given enough time to apply for a suspension of warrant.
I know that if he has already gained entrance to the house then if we choose to not let him in tomorrow then he can legally force entry, Is there anything at all I can do to avoid him taking our goods?
thanks in advance Drew.

RAS

Hi

You need the bailiffadviceline urgently or ring NDL

drew11

thanks for your prompt reply... ive tried the NDL 4 times tonight, im on hold for ages before it puts me through to an answer machine asking me to leave a message and theyll send me details through the post :-(
whats the bailiff advice line?

hallowitch

can you tell us the amount of the liability order

can you list the goods levied

the goods levied must cover all bailiff fees removal fees storage fees auction fees and a portion of the debt

The bailiff has given us 24 hours to find the money and will return at 14.00pm tomorrow to collect or to remove the possessions.
the bailiff has said this frighten you into finding the money

If the bailiff needs to re-enter to remove goods he must send you a letter giving the time and date of removal
Page 5
AMENDMENTS TO TEXT
There have been changes wrought by case law and also by amendments to the
Distress for rent Rules 1988 and Council Tax (Administration & Enforcement)
Regulations 1993 as follows.
p5 Forcing re-entry
The law upon the rights of bailiffs to force re-entry to premises in order to remove
goods previously seized has recently been clarified. In Khazanchi v Faircharm
Investments; McLeod v Butterwick [1998] 2 All ER 901 the Court of Appeal held that
bailiffs may only force re-entry where they are being deliberately excluded from
premises. It will thus be necessary in most cases for the bailiff to notify the debtor in
advance of the date and time of the visit in order to remove. If the debtor is then
absent from home, or refuses entry, force may be employed.



if your wife has been getting treatment from the doctor for her depression ask him for a letter confirming this send it to the bailiffs and the council as she may be classed as vulnerable according to the national standards for enforcement agents

• Enforcement agents/agencies and creditors must recognise that they each have a role in ensuring that the vulnerable and socially excluded are protected and that the recovery process includes procedures agreed between the agent/agency and creditor about how such situations should be dealt with. The appropriate use of discretion is essential in every case and no amount of guidance could cover every situation, therefore the agent has a duty to contact the creditor and report the circumstances in situations where there is potential cause for concern. If necessary, the enforcement agent will advise the creditor if further action is appropriate. The exercise of appropriate discretion is needed, not only to protect the debtor, but also the enforcement agent who should avoid taking action which could lead to accusations of inappropriate behaviour.
• Enforcement agents must withdraw from domestic premises if the only person present is, or appears to be, under the age of 18; they can ask when the debtor will be home - if appropriate.
• Enforcement agents must withdraw without making enquiries if the only persons present are children who appear to be under the age of 12.
• Wherever possible, enforcement agents should have arrangements in place for rapidly accessing translation services when these are needed, and provide on request information in large print or in Braille for debtors with impaired sight.
• Those who might be potentially vulnerable include:
  • the elderly;
  • people with a disability;
  • the seriously ill;
  • the recently bereaved;
  • single parent families;
  • pregnant women;
  • unemployed people; and,
  • those who have obvious difficulty in understanding, speaking or reading English.

dancingfairy

Have you paid anything to the council this year? made any arrangements? I presume that it is for this year and that you were late/missed a payment so they got a liability order against you and removed your priviledge to pay in installments?
Are you claiming everything you are entitiled to with respect to the council tax - ie student discount, disabled band relief, whatever might apply to you?
It might be worth trying to contact your local councillor tonight if you can get hold of them and explaining the situation and getting them to intervene if possible.
Whether it's worth getting online or phoning the council's payment line and making what payment you can tonight or whether you should keep the money to pay the bailiff I'm not sure to be honest - can you get your hands on any money -even if it's just some to show willing?
I am not an expert but that is what I would do to limit the damage as much as possible.
Good Luck getting things sorted.
df

drew11

hallowitch wrote: »

can you tell us the amount of the liability order

can you list the goods levied

the goods levied must cover all bailiff fees removal fees storage fees auction fees and a portion of the debt

The bailiff has given us 24 hours to find the money and will return at 14.00pm tomorrow to collect or to remove the possessions.
the bailiff has said this frighten you into finding the money

If the bailiff needs to re-enter to remove goods he must send you a letter giving the time and date of removal
Page 5
AMENDMENTS TO TEXT
There have been changes wrought by case law and also by amendments to the
Distress for rent Rules 1988 and Council Tax (Administration & Enforcement)
Regulations 1993 as follows.
p5 Forcing re-entry
The law upon the rights of bailiffs to force re-entry to premises in order to remove
goods previously seized has recently been clarified. In Khazanchi v Faircharm
Investments; McLeod v Butterwick [1998] 2 All ER 901 the Court of Appeal held that
bailiffs may only force re-entry where they are being deliberately excluded from
premises. It will thus be necessary in most cases for the bailiff to notify the debtor in
advance of the date and time of the visit in order to remove. If the debtor is then
absent from home, or refuses entry, force may be employed.





if your wife has been getting treatment from the doctor for her depression ask him for a letter confirming this send it to the bailiffs and the council as she may be classed as vulnerable according to the national standards for enforcement agents

• Enforcement agents/agencies and creditors must recognise that they each have a role in ensuring that the vulnerable and socially excluded are protected and that the recovery process includes procedures agreed between the agent/agency and creditor about how such situations should be dealt with. The appropriate use of discretion is essential in every case and no amount of guidance could cover every situation, therefore the agent has a duty to contact the creditor and report the circumstances in situations where there is potential cause for concern. If necessary, the enforcement agent will advise the creditor if further action is appropriate. The exercise of appropriate discretion is needed, not only to protect the debtor, but also the enforcement agent who should avoid taking action which could lead to accusations of inappropriate behaviour.
• Enforcement agents must withdraw from domestic premises if the only person present is, or appears to be, under the age of 18; they can ask when the debtor will be home - if appropriate.
• Enforcement agents must withdraw without making enquiries if the only persons present are children who appear to be under the age of 12.
• Wherever possible, enforcement agents should have arrangements in place for rapidly accessing translation services when these are needed, and provide on request information in large print or in Braille for debtors with impaired sight.
• Those who might be potentially vulnerable include:
  • the elderly;
  • people with a disability;
  • the seriously ill;
  • the recently bereaved;
  • single parent families;
  • pregnant women;
  • unemployed people; and,
  • those who have obvious difficulty in understanding, speaking or reading English.

the amount is for £1300, the items levied are an old TV, dishwasher, tumble drier and a sandwich maker, none of which are worth much money, apparently he struggled to find goods that he could take as we have children. can he take things that have not been levied? im worried about my car which i use for work.
regarding giving notice of forcing entry he left a letter with my wife today stating that he will be returning at 14.00pm tomorrow, therefore serving notice i guess.
my wife DID go to see her GP regarding her depression about 3/4 months ago, she was prescribed tablets which she only took for 1 month and stopped as she didnt like to take them, she was also given the option to talk to a counsellor but never went as she didnt feel up to speaking to a stranger about her problems.

drew11

dancingfairy wrote: »

Have you paid anything to the council this year? made any arrangements? I presume that it is for this year and that you were late/missed a payment so they got a liability order against you and removed your priviledge to pay in installments?
Are you claiming everything you are entitiled to with respect to the council tax - ie student discount, disabled band relief, whatever might apply to you?
It might be worth trying to contact your local councillor tonight if you can get hold of them and explaining the situation and getting them to intervene if possible.
Whether it's worth getting online or phoning the council's payment line and making what payment you can tonight or whether you should keep the money to pay the bailiff I'm not sure to be honest - can you get your hands on any money -even if it's just some to show willing?
I am not an expert but that is what I would do to limit the damage as much as possible.
Good Luck getting things sorted.
df

im not sure to be honest, my wife has told me that after the first meeting with the bailiff she made a payment of £50 to them but when she mentioned it to the bailiff today he says that there has been no such payment, so my wife is unsure now who she made the payment to and what for?

SusieT

Not sure about the goods he has levied on, but make sure you park your car 5 or more mins walk away from the house (NOT just round the corner) or he can levy on that and take it.

I really hope you get it sorted.

hallowitch

the amount is for £1300, the items levied are an old TV, dishwasher, tumble drier and a sandwich maker,

the Levy's not worth the paper its written the debt should have sent back to the council as Nulla bona (no goods)

as for your car move it out the street tonight

send an e-mail tonight to the bailiff firm telling them that you will not be allowing them access to remove the goods levied as they have no value and when sold at auction and they wont even cover the bailiffs fees quote the Detailed Assessment Judgement of Throssell v Leeds City Council where the District Judge ruled as follows:

a vehicle should only be removed if the proceeds of sale provide that there would be a surplus available to the liability order after deductions for the bailiff fees, , removal storages and auctioneers fees.
inform them you are sending a copy of the levy to the council and making a formal complaint against the bailiff
offer them what you can afford to be paid only by standing order tell them this is the most you can pay and if not acceptable tell them to return your account back to the council

ask them for breakdown of charges


e-mail your local councillor(add a list of the goods levied ) ask him for help send him a copy of the e-mail you are sending the bailiff company

send a copy of the e-mail to the council add a list of goods levied tell them you are making a formal complaint against the bailiff as you feel the only reson for the levy was to increase the bailiff fees because they have no value

follow it up with a recorded delivery letter formal complaint against the bailiff that levy the goods include a copy of the notice of seizure of goods and inventory

what baillif company is it

drew11

hallowitch wrote: »

the amount is for £1300, the items levied are an old TV, dishwasher, tumble drier and a sandwich maker,

the Levy's not worth the paper its written the debt should have sent back to the council as Nulla bona (no goods)

as for your car move it out the street tonight

send an e-mail tonight to the bailiff firm telling them that you will not be allowing them access to remove the goods levied as they have no value and when sold at auction and they wont even cover the bailiffs fees quote the Detailed Assessment Judgement of Throssell v Leeds City Council where the District Judge ruled as follows:

a vehicle should only be removed if the proceeds of sale provide that there would be a surplus available to the liability order after deductions for the bailiff fees, , removal storages and auctioneers fees.
inform them you are sending a copy of the levy to the council and making a formal complaint against the bailiff
offer them what you can afford to be paid only by standing order tell them this is the most you can pay and if not acceptable tell them to return your account back to the council

ask them for breakdown of charges


e-mail your local councillor(add a list of the goods levied ) ask him for help send him a copy of the e-mail you are sending the bailiff company

send a copy of the e-mail to the council add a list of goods levied tell them you are making a formal complaint against the bailiff as you feel the only reson for the levy was to increase the bailiff fees because they have no value

follow it up with a recorded delivery letter formal complaint against the bailiff that levy the goods include a copy of the notice of seizure of goods and inventory

what baillif company is it

thanks for that i will do it now...
He hasnt actually yet levied against my car as i havnt been home on the occasions that he has visited, can he still clamp/take or levy it? the bailiffs are Rossendales.

patman99

If you can persuade the bailiff that your car is required as a tool for your job he cannot take it.