bailiff - peaceful entry

sscdougal

i have just had a bailiff turn up and inform me he intends to return monday to remove goods from my premesis unless i pay debt in full which i will not be able to do on that day.

i understand that he needs to gain peacefull entry to be able to do this, and as yet he has not physically entered my property only standing on the doorstep to hand me a notice.

my question is cud i just ignore the door until i have gathered the full amount i owe,

Tixy

What type of debt is this?
(it does differ as some bailiffs collecting some debts are allowed to force entry - was it as a result of a CCJ? a fine? a tax debt?).

sscdougal

it council tax, the debt is also in my partners name ( and he did not see or talk to her if that has any affect on this)

from what i have read they can only force entry after they have previously gained peaceful entry but am not sure that why i want to check.

does talking to me on doorstep count as peacefull entry.

RAS

sscdougal wrote: »

it council tax, the debt is also in my partners name ( and he did not see or talk to her if that has any affect on this)

from what i have read they can only force entry after they have previously gained peaceful entry but am not sure that why i want to check.

does talking to me on doorstep count as peacefull entry.

You are doing pretty well. NO he has not gained peaceful entry talking to you on the doorstep, unless he has been able to levy on a car held in her name?

And if she has a car, "sell" it to someone you trust tonight.

He can charge £42.50 if he makes two visits (and cannot levy). he cannot charge any further fees unless he has a levy.

sscdougal

nah we dont have a car so looks like we ok for now, hoping some more ppl can confirm (and to ppl who already responded i do believe you just the more ppl confirm it the more confortable i will feel) is there neone here who has done this succesfully

RAS

This is not the liveliest time of the day.

Believe me there's been loads here who have reclaimed illegal fees; the most recent case I helped the bailiff actually rang back to tell the OP that "It was a fair cop" and her money would be refunded within 48 hours. Instead of her owing money.

Did he leave any documents? What fees has he listed?

sscdougal

he just left a notice informin me of his intent to return and remove goods and stated the overall amount owed including fees (no breakdown) with a number for my partner to call, she did call offering to set up a payment arrangement which he refused to entertain without even hearing what we intend to offer

RAS

sscdougal wrote: »

he just left a notice informin me of his intent to return and remove goods and stated the overall amount owed including fees (no breakdown) with a number for my partner to call, she did call offering to set up a payment arrangement which he refused to entertain without even hearing what we intend to offer

Ok

First thing in the morning ring the Council to find out how much the liability order was made for (including the LA and court costs).

Add £24.50 to that and if his "debt" is higher, then he is being cheeky.

If the debt is more than £20 higher, your OH needs to get hold of her local councillor and arrange to see him/her over the weekend at a surgery.

Bailiff fees are set by law but many bailiffs charge massively more than the legal fees and expect to get away with it because people do not know better.

What he wants to do is to get into the house/flat and levy, because that way he can add loads of extra fees to the bill legally and he has effectively secured the debt on her goods.

You need to make sure the doors and windows are secured. Do not leave them unlocked at any time.

OH and he cannot remove goods without a levy.

sscdougal

RAS wrote: »

Ok

First thing in the morning ring the Council to find out how much the liability order was made for (including the LA and court costs).

Add £24.50 to that and if his "debt" is higher, then he is being cheeky.

If the debt is more than £20 higher, your OH needs to get hold of her local councillor and arrange to see him/her over the weekend at a surgery.

Bailiff fees are set by law but many bailiffs charge massively more than the legal fees and expect to get away with it because people do not know better.

What he wants to do is to get into the house/flat and levy, because that way he can add loads of extra fees to the bill legally and he has effectively secured the debt on her goods.

You need to make sure the doors and sindows are secured. Do not leave them unlocked at any time.

OH and he cannot remove goods without a levy.

good advice i will do that, whilst am contacting the council wat do you think my chances are of geting them to retake responsibility of the debt as i know they will consider an offer of repayment, from my days of working as a debt advisors assistant ( unfortunately never had to deal with bailiffs) i know they are a lot easier to work with

RAS

They will refuse. Not helped by the fact that some Councils have out-sourced their CT collection to companies that also own bailiff companies.

However, if you can prove to the councilor that illegal fees are being charged, then there is a decent chance.

Your OH needs to try and record any further conversations, although ideally you want to limit the conversations.

sscdougal

ok, hopefully they may allow me to make an offer of repayment when they realise they cant get into my property to collect goods, dont know how long it will take me to get the money needed to pay in full