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Urgent help - bailiff problems

13

Comments

  • Nothadoth
    Nothadoth Posts: 35 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Thanks. I'll post up as soon as I have more information.

    Thanks for all the advice, I appreciate it a lot. I'll make sure they don't gain entry.
  • hallowitch
    hallowitch Posts: 1,286 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker

    What council are you dealing with?

    Do you know if your council use Capita to administrate yourcouncil tax?

    If they do you should be made aware that Ross & Roberts arepart of the capita group therefore any complaints you make to the councilregarding this will be dealt with by Capita (all complaints should be headedFORMAL COMPLAINT and sent to the head of revenues with a copy sent to the CEO)

    Personally if you can record the call I would be phoning thebailiff and asking her to confirm the amount the council have passed over for collection(amount of liability order)

    The amount of fees she has charged

    What the fees are for

    Date of levy fee (guaranteed there a levy)

    Goods levied

    Why you have not received a notice of seizure listing thegoods (probably a car)

    Date of the attendance/van fee (levy and van attendance fee can’tbe charged the day)

    Then thank her for time and tell her you are fully aware ofthe distress for rent rules 1988 and the council tax administration and enforcementregulation including regulation 45 (b) schedule 5 charges connected with distressand you are now going to make a formal complaint to the council

    Have you checked she is certificated




    I am not an expert I am self taught i have no legal training any information I post is based on my own personal experience and information gained from other web sites


    If you are in any doubt please seek legal/expert advice help
  • Nothadoth
    Nothadoth Posts: 35 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    I'm not sure?

    Birmingham city council
  • hallowitch
    hallowitch Posts: 1,286 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Nothadoth wrote: »
    I'm not sure?

    Birmingham city council

    yes your council use capita
    I am not an expert I am self taught i have no legal training any information I post is based on my own personal experience and information gained from other web sites


    If you are in any doubt please seek legal/expert advice help
  • sgtbush
    sgtbush Posts: 178 Forumite
    edited 5 April 2012 at 11:04PM
    Nothadoth wrote: »
    Thank you for the letter I will get it sent off later today!

    I rang the council and they said I HAVE to pay the bailiffs not them. Can I still pay the council anyway?

    I can try and get some money. But I can't really afford to pay it off in one go. Only other thing I can do is try and borrow it, but it's unlikely. The chances are I will have to sort a payment plan.

    Let's see what the breakdown says first. What would be the next step once I get the breakdown statement? Sorry if that sounds stupid.

    if the council have passed it over to the bailiffs, the only way it will get returned to the council if its passed back to them as non enforcable, they will then make a decision on what to do-- ie petition the courts for an attachment of earnings, they could as a last straw summons you to court to sort it out, as a last resort and i stress last, the courts could jail you for non payment, but this very rarely happens.
    what bailiff company is it?
    you should be able to set up an arrangement with them over the phone.
    an immediate payment to the bailiff company while setting up an arrangement always goes in your favor.
    the charges are complicated but i know what they can charge but it depends on what type of letter they have sent you
  • DVardysShadow
    DVardysShadow Posts: 18,949 Forumite
    sgtbush wrote: »
    if the council have passed it over to the bailiffs, the only way it will get returned to the council if its passed back to them as non enforcable, they will then make a decision on what to do-- ie petition the courts for an attachment of earnings, they could as a last straw summons you to court to sort it out, as a last resort and i stress last, the courts could jail you for non payment, but this very rarely happens.
    what bailiff company is it?
    you should be able to set up an arrangement with them over the phone.
    an immediate payment to the bailiff company while setting up an arrangement always goes in your favor.
    the charges are complicated but i know what they can charge but it depends on what type of letter they have sent you
    if you require more info send me a inbox
    Nope, don't PM this user. And in general, don't accept or seek advice by PM. It is safest to take advice only in a public thread where people can challenge the advice given.

    As for the advice about setting up a payment arrangement over the phone, don't do this. Once they have an account number they can empty the account beyond any agreed amount, leaving bank charges and all sorts. And particularly take note of this advice from earlier in the thread
    RAS wrote: »
    ... The reason for this is that the bailiff has added loads of fees to which they are not entitled.

    If you send a cheque for the £178, then they will use this to pay themselves the spurious fees and keep chasing you for the other money.
    Don't pay anything until the amount owing is correct in terms of liability orders and fees.

    The more I look at this, the more I get the feeling that sgtbush is a bad egg. Although I realise this may prompt a flame war.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • RAS
    RAS Posts: 35,740 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Nope, don't PM this user. And in general, don't accept or seek advice by PM. It is safest to take advice only in a public thread where people can challenge the advice given.

    As for the advice about setting up a payment arrangement over the phone, don't do this. Once they have an account number they can empty the account beyond any agreed amount, leaving bank charges and all sorts. And particularly take note of this advice from earlier in the thread

    Don't pay anything until the amount owing is correct in terms of liability orders and fees.

    The more I look at this, the more I get the feeling that sgtbush is a bad egg. Although I realise this may prompt a flame war.

    Agreed on several counts.

    Never give a bailiff firm your card or account number - they can and will clear the account - we have seen it often.

    And be very careful about pms.
    If you've have not made a mistake, you've made nothing
  • sgtbush
    sgtbush Posts: 178 Forumite
    fair enough, the advise is not to pm, thats fine, any advise ill post in public forums!
  • Nothadoth
    Nothadoth Posts: 35 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Thanks guys. How else would you pay then. Postal order?

    Still have to await reply for the letter anyway. And as it's bank holiday it'll probably take a while.
  • RAS
    RAS Posts: 35,740 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Can you check whether you have an account number and can pay on-line?
    If you've have not made a mistake, you've made nothing
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