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defaulted on paying bailiffs and now they are coming to take items next week

Hi please help,on december 23rd chandlers bailiff came to my home at 6.06am stating council tax arrears and i asked him to return tomorrow...he did and i signed the walking.p.order and agreed to pay £182pm.I have paid each month on time but marchs payment was 5 days late as my child who had been homeschooled for 7 months was going back to school,i phoned them and told them that i needed to get school clothes and this ment it was going to be late,i also sent a letter(not recorded)
Friday a letter was left on my door mat stating i had defaulted and they wanted full payment of £508 plus £190 on top for defaulting,i explained i had paid,and contacted them ect but was told no you have untill monday to contact them with full payment ot they will be around.
they have listed 5 items but one is my sofa which is actually my bed(they know this)along with a tv,table and chairs,computer tower and this was for a £1000 debt.
I have contacted the council which i will hopefully get a call back from mang monday and said that i believe this to be wrong ect they have said they might take back the debt which would be great...but if not can they gain entry by breaking in as they have the wp.order?? and if not can i go ack to court and state i contacted them,staing my issue,paid more than asked and they want to take my bed!!
plz help
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Comments

  • michael1983l
    michael1983l Posts: 1,916 Forumite
    edited 7 April 2013 at 2:25AM
    They cannot break in, they can climb through open windows or force themselves in if you or another adult opens the door. If you are worried about them, just don't answer the door to them and keep up your repayment plan until it is complete.
  • so even with the walking p.order i dont have to let them in to take goods?
    and although they say its defaulted i should continue to pay(next payment 22nd april
  • michael1983l
    michael1983l Posts: 1,916 Forumite
    so even with the walking p.order i dont have to let them in to take goods?
    and although they say its defaulted i should continue to pay(next payment 22nd april


    You are under no obligation to answer the door to them and to be quite frank they are being unreasonable by asking to collect goods when you are clearly making an effort to pay. I do not see how making a payment 5 days late constitutes a default especially as you advised them this would happen before hand.
  • Have they previously had "peaceful entry"?

    By that, I mean have you previously let them in?

    They cannot take your bed.

    Nor can they take chairs or sofas if, by doing so, they leave less places to sit, than there are people normally resident.
  • they did gain peaceful entry mainly as i except that i hadnt paid in time ect and i thought that there wasnt going to be a issue which i sopose was silly of me?
    they say they can take the sofa even if it is a "bed" when they came in in dec they could see it was my bed...
    i thought that due to me signing order that ment they could come in and take the items
    i have asked that due to my nan passing away they could have some understanding but it seems that means nothing,
  • hallowitch
    hallowitch Posts: 1,286 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    don't have time to reply properly to this at the moment (will come back later )

    can you list exactly what's written on the notice of seizure goods fees and outstanding balance owed to the council at the time of levy
    who lives in your home (you hubby kids ect)
    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
  • also if they did take table and 6 chairs and sofa i would have no seating atall(and no bed)
    i realise that if i fail to pay ect they can come but i paid,just late
    i think if they council wont take the debt back i will just try to not get caught out and hope it gets to court where i can explain
  • hallowitch
    hallowitch Posts: 1,286 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    please don't worry they wont remove your furniture they don't want your goods they want your money (do not let them back in)

    the council will not take it back to court
    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
  • states that amount due was £1113-52
    levy fees 57.00
    w.p.o 12.00
    removal costs 42.00 total amount 1225
    paid £140 that day (dec"23) then 182.00 jan,feb, and £200 march(but 5 days late, the letter friday stated debt £508(which is right)but they have added £198 as i defaulted..
    i have 4 children aged 3-15 and hubby
  • they can climb through open windows or force themselves in if you or another adult opens the door.

    They cannot force their way in.

    Nor can they prevent you from closing the door, eg. by putting their foot in the door.
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