Bailiff being difficult - is this allowed?

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So yesterday I plucked up the courage to call Ross & Roberts and ask to make a payment arrangement on a £300 council tax debt I have from a previous address. This was the first letter I had received from them and wanted to clear it up asap.

They promptly gave me the mobile number for my "area representative" and told me to call him in order to make an arrangement.

I did this, he took my details and said he'd call me back within half an hour once he had my information from H/O and was also currently on the road. He also text me shortly after the call asking for my name and postcode - I have an unusual surname so didn't think anything of it and replied.

I didn't receive a call, no voicemail, nothing.

Today I return to find a hand delivered letter through my door reading the following:

"Enforcement notice
Your files are now with our removal bailiffs. The sum of (blah blah).. Unless contact is made with bailiff TODAY your goods will be at risk of being removed and the balance will become due in full. The telephone number to contact is stated below:

THE BAILIFF HAS THE RIGHT TO PEACEABLY ENTER YOUR PREMISES AND REMOVE THE GOODS - EVEN IN YOUR ABSENCE."

Followed by the same name and phone number that I was given for the are rep.

Is this kind of tactic allowed? It seems to me that they purposely didn't call yesterday just so they could visit today and then try and claim more fees. Unsure what to do now - I can't afford to pay it in full currently, however I do have a tax rebate due in a few weeks time which would cover it (I believe I have the right to pay it directly to the council in this case?)- however in the meantime I work from home and have clients visit and obviously it would be incredibly awkward if a bailiff turned up during a meeting.

Would be grateful of any advice.

National_Debtline

Hello there,

The first thing you must do is ensure that your property is secure. Please check that all doors and windows are locked and secure. if you have any vehicles please hide them a good five minute walk away.

The bailiff can only force their way in if they have been in previously and have made a note of possessions which are usually kept inside the home. If they haven't done this they cannot force their way in.

- Don’t open the door to them as they may try to push past you. If they get inside, they may have the right to enter again and may break in to take your goods.
- Don’t leave windows open or doors unlocked – bailiffs can legally get through these.
- A bailiff cannot break in to take goods they have only seen through a window so if you do not let them in they will not be able to take anything from inside your home.
- Bailiffs may try to break into sheds, garages, greenhouses and so on even though this is illegal. Keep valuables safe. They may be able to take cars, motorbikes and other vehicles parked near your home.
- Politely but firmly refuse to let the bailiffs in. Offer what you can afford to pay. If the bailiffs accept your offer, ask them to return to their car and go out and pay them. Make sure you get a receipt.
- Some bailiffs clamp vehicles but they may not be allowed to do this. If this happens, contact us for advice.
- If the bailiff leaves papers for you to sign and return, you do not have to do this. You don’t have to sign agreements posted through your door either

If they have not been able to seize assets they can only charge you for two visits: the first being £24.50, the second £18. The only other charges they can apply would be if they manage to make a 'levy' on your goods + further subsequent charges. So never let them in!

Do communicate in writing, request a breakdown of their fees and make a reasonable offer supported by a financial statement.

Here's a link to our council tax fact sheet: https://www.nationaldebtline.org/EW/factsheets/Pages/02%20EW%20Council%20tax%20recovery/Default.aspx

Do you have other debts? If you tell us a littel more about your circumstances we may be able to provide further help. There could be other options for you.

If you have any further questions please give me a shout.

Very best wishes,

David @ NDL.

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Hi David,

Thanks for the reply. The house is secure and I do not own a car.

I just wondered what your suggestion would be to do in the meantime, am I correct in thinking that I can pay the balance in full to the council?

Would it be best to write to Ross and Roberts asap in the meantime and ask for a breakdown? Would this at least delay them from visiting again for a while?

As said, I'm owed a tax refund that I can use to clear the balance in a few weeks - I'd much rather pay this straight to the council than any of these scumbags if possible.

Thankyou.

National_Debtline

HI there,

You can certainly pay the council directly, most allow this with no real issues. Please be mindful that the council may pay the bailiff their fees out of the payment - so you should account for the extra £42.50.

Definitely ask for a breakdown, that is important. If the fees charged are more than £42.50 then you should challenge them, we can help with that.

As council tax is a priority debt, using your tax rebate sounds like a sensible idea.

If the bailiff cannot get in to the property, they only have two options.
1. Put up with whatever offer of payment you put to them
2. Pass the file back to the council

That's it. Stick to your guns, hang in there

Best wishes,

David.