Bailiffs - what are my rights

Lassiesmith90

Myself and a friend lived together for a year and together got a council tax bill for 490 pounds. My friend, due to reasons, never got her payments set up so it was only me paying and only my name on the bills for whatever reason. I paid half the total amount in instalments but somehwere along missed a payment so our right to pay installments has been taken. Neither me or my friend has the price amount to pay and the bailiff is coming to my house tomorrow to take the the things I listed back at the time of the agreement. I'm terrified. I have nothing to my name apart from hair straighteners and an antique mirror of my mums. I live I a shared house. I litrally do not know what to do can anyone help? Thanks for reading x

Tixy

Hi

the bailiff is coming to my house tomorrow to take the the things I listed back at the time of the agreement.

Can you explain this. Have the bailiffs visited your property before? did you let them in? when you say the things you listed - do you mean they levied on your goods (made a list of posessions in your house that you then signed)?

If so how long ago was this levy/list created?

Lassiesmith90

They have visited before but never been in. That was when we set the payment agreement up. And yeah we wrote three things down and I signed it to say if payments weren't made they could take. Was that stupid of me?

Small_Loan_Turns_Big_Debt

Also I would suggest maybe contacting them again and saying that you cannot afford to pay the full amount. Ask for them to set you up with a DMP (Debt Management Plan) Or Payment Agreement however they put it and if they say no be persistent they cannot just say no. Just say to them your not letting them in and that you are going to contact the council about your bill as soon as possible; there is not much else they can do. Have you tried talking to them directly and not just the bailiff?

I know you already was paying in installments but you can still ask again and explain that at the time of the payment there was an unexpected financial problem that you were unaware of it happens to us all sometime.

I wouldn't worry about it, my advice is to phone them directly and talk about setting up a plan again.

Hope this helps.

Tixy

Well its not how they should do a levy, and it probably wasn't advisable but whats done is done. Whether it would count as a vaild levy I am not sure, I suspect it shouldn't but whether it would be easy to prove it wasn't done correctly might be harder.

Have a read of this page - it contains some useful info - http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=02_bailiffs_and_council_tax

What has happened to the things that were listed on the levy was the mirror on there? did you own all the items listed at that time? how long ago was the levy done? have they been sold?

There are a few regular posters who are the best at advising on bailiff issues once things have got to this stage, perhaps one of them may read this early tomorrow and advise, so check back tomorrow if you can.

Or you could try calling national debtline in the morning (from the link above). Another useful site is http://www.bailiffadviceonline.co.uk/, and there is also an option to ring shelia who runs that site (and also sometimes posts here) on her helpline (though it is a premium call).


How much do you owe as far you are aware?
What amount was the original liability order for? and how much have you paid since then?
How far are you behind with the payments agreed with the bailiff?
Are you in a position to pay anything currently?

hallowitch

you do not let the bailiff in if/when he comes to allegedly remove your goods listed on the levy
1)its a paper exercise so he can charge an attendance to remove fee
2) its a threat to get you to pay your outstanding balance in full he doesn't care where you get the money from and may tell you to try and borrow it from Friends family payday loan etc

What bailiff firm is it that you are dealing with
What local authority is it you are dealing with

DO NOT speak to the bailiff on the phone unless you can record the call this is very important because bailiffs lie exaggerate there powers and unless you have proof positive the council wont believe you

do you still have the notice of seizure of goods and inventory listing the goods
can you list the goods levied the outstanding balance owed to the council and bailiff fees charged as written on the notice of seizure

can you please confirm that you either told the bailiff what goods to write on the notice of seizure or you wrote the goods yourself


do you know the amount of the liability order confirmed by the council
how much have you paid to date

hallowitch

i suspect the levy is not worth the paper its written

1) the bailiff never entered your property
the bailiff cant levy on the door step he must be able to see the goods at the time of the levy

2) goods levied must cover all bailiff fees to include removal fees, storage fees,auction fees and a portion of the liability order debt

If a bailiff really was going to remove levied goods (re-enter a property) they would have to send you a letter giving you the time and date re- entry (and i don't mean a note stuck through your door)
he would also have to have permission from the council to remove the goods