Pressure from bailffs....

Mel29

Hi Everyone!

Wow, where shall i start?..........I have been having financial diffulties recently and the passing of my dad unexpectedly certainly didn't help 9mnths ago.. I have fallen behind with my council tax and was contacted by Rundle and Co bailiffs to collect the arrears...I did contact the bailiff and made an agreement to pay £100 a month of which I now have £762 to pay....as well as him I also received a letter from Newlyn stating I owed a older council tax bill which is now £228 as I also paid them £100 last month!!
I now have 2 companies to pay but contacted both saying that i could not afford to pay both £100 a month...I did however offer to give them each £50 but both said they would not accept under £100 a month!

I really am distressed by this situation as I am a single mum to a 9yr old son...I work as a teaching assistant part time and at the moment spend MOST of wages on bills.

I contacted Newlyn this morning to tell them I could pay them £50 but the lady on the phone said it wasn't enough and that she would allocate bailliffs to my account again! She even went as far as asking me did i have a tv and sofas!! My reply was that I felt I was being interrogated! She kept saying I wasn't! It did really anger me even though I told her of my financial difficulty and still offered a payment of £50 a month!

I've had numerous letters from Newlyn to remove goods and also a letter from Rundle and Co for my commital to prison!!

At the end of the day I'm human and have rights but i'm so fed of being stressed and harrassed by these people....

Can anyone help?.....I really don't know what to do and always nervous that bailliffs will attend my property or even worse that I may be sent to prison!

Much appreciation!!..........

Mel29

Culex

Mel29 wrote: »

I have been having financial diffulties recently and the passing of my dad unexpectedly certainly didn't help 9mnths ago.. I have fallen behind with my council tax and was contacted by Rundle and Co bailiffs to collect the arrears...I did contact the bailiff and made an agreement to pay £100 a month of which I now have £762 to pay....as well as him I also received a letter from Newlyn stating I owed a older council tax bill which is now £228 as I also paid them £100 last month!!

Hold on a moment, as there is something missing here: for council tax arrears to have been passed to a firm of bailiffs, a liability order would need to have been obtained by the council or by the imbeciles running the outside company contracted to collect council tax on their behalf. Subsequent to the liability order having been granted, you should have been sent various forms to complete stating your income and expenditure, so that an affordable rate of payment can be set.

Are we talking about two different councils?

It should not have gone to bailiffs, as a more certain (and less sadistic) means of collection would have been an attachment to earnings order or an attachment to benefits order.

I really am distressed by this situation as I am a single mum to a 9yr old son...I work as a teaching assistant part time and at the moment spend MOST of wages on bills.

Do you belong to a trade union? If you do, their legal wallahs can be most helpful, especially as what bullies really fear are bigger and more powerful bullies.

I contacted Newlyn this morning to tell them I could pay them £50 but the lady on the phone said it wasn't enough and that she would allocate bailliffs to my account again! She even went as far as asking me did i have a tv and sofas!!

How charming.

Perhaps you might console yourself a little by thinking it was as well she did not join the diplomatic corps?

I've had numerous letters from Newlyn to remove goods and also a letter from Rundle and Co for my commital to prison!!

Have you indeed?

That threat should certainly be reported, as not only is it not a determination for any bailiff to make, it would only be considered by the magistrates or a "district judge" (in a magistrates' court, s/he was formerly known as a "stipe" or stipendiary magistrate) in cases of wilful refusal to pay.

At the end of the day I'm human

But at the beginning of the day, you're not?

What other species do you suppose yourself to be?

Can anyone help?.....I really don't know what to do and always nervous that bailliffs will attend my property or even worse that I may be sent to prison!

You won't be; it is, however, a pity that the same can also be said of the author of that letter from Rundle & Co.

hallowitch

DON'T give any bailiff firm a list of the goods in your home the fact is its unlawful for a bailiff to try and levy this way

If any bailiff leaves a notice of seizure of goods and inventory and asks you to fill it in and send it back DON'T again this is unlawful

If you have a car that is not on HP or finance park it a good 5/10 min walk away from your address

Do not under any circumstances allow a bailiff to enter your home regardless of what they threaten is all a load of bluff to get a levy on your goods increasing the bailiff fees

ahmummy

I went through a similar experience and when it went back to court the judge actually told me NEVER open the door to a bailif, that way they have no legal rights to enter your propery unless there is a open window where they can gain access! A bailif is not legally allowed to break into your home if doors are locked and windows are closed!
As far as them saying you can not pay £50 a month to each this is total rubbish, as long as you are making SOME form of payment the HAVE to accept it, they just use scare tactics to get people to pay up faster!
If your in any doubt contact your local branch of CAB as they may be able to speak to these people on your behalf and work out a suitable payment plan which you can afford each month without getting into even more debt

hallowitch

send this to both bailiff company's

Name
Address
Bailiff Ref: Account No: 123456
Council Ref No: 435672
Date
Dear Sir,
With reference to the above account(s) please provide me with a breakdown of all fees charged and payments made for the above account
This includes:
a - the time & date of any Bailiff action that incurred a Fee.
b - The reason for the fee.
c - The name(s) of the Bailiff(s) that attended on each occasion a Fee was charged.
d - The name(s) of the Court(s) the Bailiff(s) was/were certificated at.
e - The date of the Certification.
National Standards for Enforcement Agents state that if a written request is made an itemised account of fees will be provided.
Please provide the information requested within 7 days of this E-mail /recorded delivery letter
Yours faithfully
Ripped off customer"

do not speak to these people over the phone unless you can record the call (you need to keep a written record of all correspondence)
send an e-mail to the local authority informing them that you are a single parent on a low wage and claiming tax credits you are not refusing to pay these debts but £100 per month to each bailiff firm is more than you can afford to pay you have ask them to reduce these payments to £50 however this has been refused by both bailiff companys ask if you can pay each debt at £50 per month until the smaller debt is paid you will then pay £100 per month to the largest debt

If they tell you to get in touch with the bailiff firms concerned or say no send a copy of all e-mails to your MP and ask him to intervene on your behalf as you simply don't have £200 to pay them

goodlife

Hi

I really like the look of the suggested letter from hallowitch.

I note that you suggest asking them to reply within 7 days.

Can I please ask what happens if they don't reply, or don't reply within 7 days? Is this some way of stopping them enforcing the debt?

Many thanks for any advice

hallowitch

goodlife wrote: »

Hi

I really like the look of the suggested letter from hallowitch.

I note that you suggest asking them to reply within 7 days.

Can I please ask what happens if they don't reply, or don't reply within 7 days? Is this some way of stopping them enforcing the debt?

Many thanks for any advice

If they don't send the information requested (or only send part of it)
An e-mail should be sent to the head of revenues of the council (name should be on the council website)

The e-mail should be headed Formal Complaint
informing the council that an e-mail(a copy should be attached) has been sent to there contractors (the bailiff firm) requesting information regarding your account the information requested has not been sent and asking that they (the council) instruct there contractors (the bailiff firm ) to supply the information requested


As for the 7 days its a personal time frame as i feel that there is no reason why this should take any longer if done by e-mail

It does not stop enforcement