Help with bailiff problem

funtime_frankie

First post.I will try to keep a very confusing situation as simple as I can.

Arrived home from work today to find my partner has had a visit from the bailiffs.They want £700 in next 24 hours.They gave her the Notice Of Bailiffs Attendance-Magistrates Liability Order.It's for unpaid Council Tax.

Says they are coming back tomorrow to remove goods.My partner had on a previous occasion been pressured by the bailiff into letting him in to list goods he would take if the agreement was broken.

Last month my partner had her incapacity benefit delayed.(Their fault,not hers) This meant she had no phone credit to ring the Bailiffs to let them know the payment would be late.The bailiffs then turned up wanting £450 by the following day.I had just started a new job.Had to wait a couple of days for my wages to start coming in.The bailiff was happy to come back after I had been paid.Paid the £450 in full.

My partner then remembered that the amount we owed them is split into two accounts.She then phoned the office to let them know.They said it was fine to carry on with the agreement,even though it was showing as a default.

My wages this month were paid into the bank later than expected.This meant again we had no phone credit to let them know,were late by a week making the payment.Would of been sooner had Easter not got in the way.My partner explain what had happened when she phoned them to pay this months amount.She had paid it as soon as our funds were available.

none of the above is good enough for the bailiff.I accept we owe this amount.We are not trying to avoid paying.We are not sitting on a big stack of cash.We have no credit cards.Not living a reckless lifestyle.We want to keep our monthly arrangements going.

I'm not looking to blame other people.It's our debt.We created it.Some of our situation is bad timing/judgment.Some is bad luck,redundancy/partners long term illness.She would love to work.Enjoyed work when she was able to.just causes her too much pain now.She is having more tests,hopefully when they find out whats causing so much pain,she'll return to some sort of work.

We are both on anti-depressants at the minute.Could really do without this at the minute.Partner is sinking to new depths.I'm not doing as bad,but I'm getting really involved in the new job.When will it all end?

So,the situation at the minute is this.The bailiff is coming back at some point tomorrow to collect £700 or goods to the value of.We don't have £700 (if we did we would of paid it) I will be at work,my partner will be at home.Before she answered the door today,she could hear him talking on him mobile phone.Apparently he was calling for a locksmith.Can they really gain entry this way? I've heard they can get in through open doors/windows but I've never heard of them being able to use locksmiths before.

She knows that things would be better had she not been pressured into allowing him in months ago.She was on her own.As far as she knew she had no choice.

Anyone got any advice? I really don't want them to be taking any of our stuff.Don't know what other options we have.

Thanks for any help.
Sorry for rambling

Frank

Donedoingdebt

Not qualified to advise on this. Maybe someone else can.

Idiophreak

We had a slight run in with some a couple of years ago - from what I found out, I don't think they're allowed to force entry...

liz105

perhaps he was arranging a locksmith for his own house?

ok, important bits, bailiffs are not allowed to force entry through anything locked, so make sure EVERYTHING is shut. Even the catflap, you might get an unusually small bailiff

If your partner has already let them in previously then I'm afraid its too late, then can come back now and take the goods etc.

The key is to never open the door to them in the first place. They're like Vampires, they can only come in if you invite them in.

ihatedeskjets

I,m sorry but if they have already entered the property to list goods and you've signed a "walking possesion" then they can force entry as the goods legally belong to them.

plumduff-2

I think the crux of your argument against the council using bailiffs is in "we are both on anti-depressants"... You are both therefore suffering with your mental health and as such should be considered by the bailiffs and the council as vulnerable... On top of this both or one of you is on Incapacity Benefit...

If I was you or your adviser this is what I would be doing..

Contacting the council and telling them of your mental health issues and that the use of bailiffs is having an adverse effect on your mental health and well being.. (can this be proven - letter from GP/mental health provider..?) As such, they should recall the account from the bailiffs and set up a repaymetn plan that is affordable to you and acceptable to them.. the current minimum is £3 per week... Use this as the strating point..

Not knowing how nice your council are I shall assume they are crappy - so they say no...! My next advice would be for you to threaten to go to the local rag and get them some negative exposure... and/or contact your local councillor immmediately and ask them to intervene.. the fact that you have paid a large sum and the fact that the arrears are low should go in your favour... Or contact oyur MP and ask them to intervene.. A good councillor/MP should get a response from the CTU immediately...

Another way out of this is to put in an official letter of complaint to the CTU about the way it has treated oyu as a vulnerable adult and then complain further to the Local Govt Ombudsman... You can tell them in the initial contact wiyth them that you are considering a complaint to the LGO.. may make them look at the account abit more sympathetically...

Good luck.

woodlands40

You can phone the magistrates court and ask to have your case reviewed due to a change in circumstances. and tell them it is urgent as the bailiffs are calling. A magistrate can withdraw an entry warrant at any time if there is reasonable cause to do so.

Supertouring662

I wanted to open a new thread but cant see how?

My mum has walking possesions and is having to pay £125 a month to keep our stuff. Is it true a bailiff can take anything (apart from stuff needed for domestic needs and work and kids stuff) even if it doesn't belong to the debtor? I have thousands of pounds worth of stuff but have been told unless I have a receipt it can be taken. The debt is not mine and as I got given a lot of my things by my boyfriend who gets it cheap from friends etc.