Bailiff and 24 hour notice removal urgent !

fatou256

what can I do if a bailiff is refusing any repayment plan ? he keeps saying that he want to money in full and he is independent of the council. The Council is telling us that he should do an attachment of earning but he is even refusing this as he is saying he does not answered to the council and to is policies.
I am dealing with Jacob enforcement.

Somerset

I don't think an attachment of earnings order is possible. You said both you and partner are on benefits.


The court can order deductions to be made directly from your earnings if:

• you are behind with the payments on your county court judgment (CCJ);
• you are an employee (not self-employed or on benefits); and
• you owe more than £50 on the judgment

https://www.nationaldebtline.org/EW/factsheets/Pages/22%20EW%20County%20court%20-%20attachment%20of%20earnings%20orders/Default.aspx

fatou256

sorry this what I meant about attachment on benefit. I have gotten confused on the word.
On the letter it is written that "removal may happen in your absence ? " can it be true ? can they do that ?

fatou256

This is the letter that I have actually received. A friend of mine was telling me that the letter is actually an intimidation as I should have 7 days.
he also told me to go to their head office to set a payment plan direct with them.

DorisTrousers

You are pretty safe to ignore the parts that these sort of notices are designed to draw your attention to, and look again at the word "may".

As long as you have not let them in, and as long as you keep any car you may have either in a locked garage, or on a neighbour/friend drive (it cannot be on your own drive or the public highway) then these bully boys have no more power than any other type of debt collector.

They are trying to bully you, and you must NOT let them in UNDER ANY CIRCUMSTANCES. I would also look at the council involved and see if they have a published policy, they should do, on dealing with vulnerable people. This debt should clearly go back to the council, and be taken away from the bully boys, in the first instance. Do not be fobbed off by a jobsworth at the council if they say something along the lines of "it's out of our hands now, it is with the bailiffs". This is clearly incorrect as it is the council who instructed the bailiffs, and the council has the power to call them off.

National Debtline should help, but maybe you could also speak to The Council Tax Advisors who are a free, not for profit, community interest company who deal with these sort of issues all the time, and who will look to liaise on your behalf, rather than doing it yourself if you would prefer, to get the debt back to the council of the grounds of your vulnerability. As a member of Advice UK, and regulated by the FCA, then you should be in safe hands there as well. I wouldn't normally recommend any particular firm on here, but hope that the moderators will allow me this one indulgence this one time, given the circumstances.

dancingfairy

If they haven't been in before then they are not legally allowed to break in. They will huff and puff and try everything they can think of to get you to let them in. Please do not do this.
Eventually they will give up and return the debt unpaid to the council.
The bailiffs are also lying. They have to adhere to certain standards and rules and regulations and the council are ultimately responsible for their conduct. If the council calls them back then they should back off.
Do you have a local councillor? This is exactly the sort of thing they should be taking up on your behalf. They should be able to put a rocket up the council and get them to recall the bailiff.
If the council have advised you in writing or by email that they wish to have the bailiffs recalled then I would write and complain to both the council and the bailiffs. Send by email for speed but follow up with a printed or hand written letter. Make it crystal clear in the letter than you are not refusing to pay and that you are willing to offer x pounds a month. If this is not acceptable to them then they are welcome to take the money out of your benefits (it is then capped at a certain amount I believe as they have to leave you enough to live off). You should put in the email/letter that you are vulnerable.
Stay strong and do not let these people bully you.
df
P.S They do not actually want your goods. They want to come into your house so they can levy (and charge loads of extra fees) and so they can frighten you and make you think they will take your goods. They can't take household items such as beds and chairs/tables and most people don't have goods that would be worth anything when sold second hand. It really is just a pressure tactic to get you to cough up. Stay strong and don't believe any rubbish the bailiffs come out with.

KRS291

If its for Council Tax you can contact them and request them to consider your hardship and situation. It may be that you can get this sorted. Ring them first thing in the morning, however if they have a high court writ there is nothing you can do to prevent them removing items from the property. You can try and work out a payment plan with the bailiffs, however they will most likely push for the payment of the full amount.

I hope you have some good fortune.

fatou256 wrote: »

yes it is a bailiff from Jacobs enforcement Agents. It is for council tax. As we can't pay in full they be on Friday 5 pm with a removal team .
they say as he broke a previous engagement then they will proceed with all payment.

National_Debtline

KRS291 wrote: »

If its for Council Tax you can contact them and request them to consider your hardship and situation. It may be that you can get this sorted. Ring them first thing in the morning, however if they have a high court writ there is nothing you can do to prevent them removing items from the property. You can try and work out a payment plan with the bailiffs, however they will most likely push for the payment of the full amount.

I hope you have some good fortune.

I just wanted to clarify a couple of points here.

It will have nothing to do with the High Court. Bailiff warrants for council tax debt are administered exclusively through the magistrates' court.

On a separate note, High Court writs, when and where they are issued, do not give enforcement officers any more rights to force entry than other bailiffs.

Dennis
@natdebtline

Tina098

Hi all.

Hope someone would be able to help me out. Last Friday our previous landlord called my husband and asked to come around as there was some important letter. He went and found a letter which apparently was delivered by hand and stated that withing 24 hr they will come and remove the goods. This was completely out of the blue. We haven't seen any letters in the past nor someone at the door. Now we don't live at the address since last November, but we had brilliant relationship with previous landlord, he always used to pass all the correspondence to us plus we had all our post delivered to our new address. I spoke with the agent named on the letter and managed to get hold of the head office to request the break down of the fee they charging us, but I cannot understand how come there was no letters, we haven't received any of them hence we didn't knew whats going on. Has anyone has any advice of how to deal with that?

fatbelly

Tina098 wrote: »

Hi all.

Hope someone would be able to help me out. Last Friday our previous landlord called my husband and asked to come around as there was some important letter. He went and found a letter which apparently was delivered by hand and stated that withing 24 hr they will come and remove the goods. This was completely out of the blue. We haven't seen any letters in the past nor someone at the door. Now we don't live at the address since last November, but we had brilliant relationship with previous landlord, he always used to pass all the correspondence to us plus we had all our post delivered to our new address. I spoke with the agent named on the letter and managed to get hold of the head office to request the break down of the fee they charging us, but I cannot understand how come there was no letters, we haven't received any of them hence we didn't knew whats going on. Has anyone has any advice of how to deal with that?

Tina has her own thread here

https://forums.moneysavingexpert.com/discussion/5221975