Urgent urgent help needed ASAP. Bailiffs

gemstar_2

Hi there

Please help.

I was woken up at 6.45 this morning by a bailiff at the door.

I owe council tax from last year when I was unwell due to bereavements and a miscarriage- that's when I lost control of things. I put my head in the sand and had a payment plan with rundle and co but missed payments.

He said I have til 10am and he will come back to take control of my goods.

It's all my fault, I know but what can I do?

Thanks xx

gemstar_2

He has just phoned me and said he will see where the van is and come back to take things at 10 this morning.

fatbelly

He's not allowed to force entry unless he's previously been in, which it sounds that he hasn't..

Make sure there's no car accessible to him. He can 'take control' of garden furniture but he won't be removing anything. This is just about harassment. Probably best to ignore him or be out.

Contact council and his head office on Monday. If this is your only debt, you need to re-instate payments. If part of a bigger picture then you need advice from CAB, Stepchange, National Debtline etc.

Enterprise_1701C

Above is not entirely true. As it is council tax he may well have a court order.

Has he got a court order? Did the council take you to court for the arrears, if they did then there is a good chance he can break in so do not disappear anywhere, make sure you ask for the court order when he reappears.

Most important of all, get someone to sit with you that can keep a cool head, if he has got a court order you need to talk to him and tell him what you intend to do about it.

gemstar_2

Hi there

Yes, it went to court.

I'm so scared.

I've been an idiot.

kaya

Enterprise_1701C wrote: »

Above is not entirely true. As it is council tax he may well have a court order.

Has he got a court order? Did the council take you to court for the arrears, if they did then there is a good chance he can break in so do not disappear anywhere, make sure you ask for the court order when he reappears.

Most important of all, get someone to sit with you that can keep a cool head, if he has got a court order you need to talk to him and tell him what you intend to do about it.

Bailiffs can not break in unless its a commercial debt or the goods have been listed on a previous visit where they were allowed to enter, the difference between a council tax and other debt is that the council tax debt is exempt from trespass prosecution, it does not give them the right to force entry to your home!
https://www.nationaldebtline.org/EW/factsheets/Pages/02%20EW%20Council%20tax%20recovery/Default.aspx
Don't open the door, keep the windows shut and hang from your bedroom window with a pencil up one nostril repeating "wibble wibble" until they leave , if you have a car leave it somewhere else , feel free to document their behaviour by recording it on your phone and do not let these muppets intimidate you , unless you have allowed them access to your home on a previous visit they cannot force entry or take goods from inside your property, they know the law only to well, if you feel intimidated record their behaviour and inform them you will be filing a form 4 complaint against them with immediate effect (this revokes their certificate to practice until they have been before a judge and explained their behaviour, so they can not work until it's satisfied).

gemstar_2

I have paid £150 this morning.

It gives me breathing space til the end of the month.

fatbelly

Enterprise_1701C wrote: »

Above is not entirely true. As it is council tax he may well have a court order.

Has he got a court order? Did the council take you to court for the arrears, if they did then there is a good chance he can break in so do not disappear anywhere, make sure you ask for the court order when he reappears.

Most important of all, get someone to sit with you that can keep a cool head, if he has got a court order you need to talk to him and tell him what you intend to do about it.

What is not true?

It is a bailiff acting on a council tax debt. Of course there will be a liability order from the Magistrates Court.

The changes in April this year did NOT affect the legality of forced entry on a first visit. This is only permissible for a CRIMINAL fine. Council Tax is not. Of course the bailiff may misrepresent this.

If you allow the bailiff in to 'take control'' of your goods then he CAN force entry on a subsequent visit.

fatbelly

gemstar wrote: »

I have paid £150 this morning.

It gives me breathing space till the end of the month.

I am afraid this may just encourage him to harass you.

Previous comments apply

gemstar_2

fatbelly wrote: »

I am afraid this may just encourage him to harass you.

Previous comments apply

Really? How come?

I didn't let him in but the threat was that he was gonna pitch up with a van.....

chanz4

its a bluff, end result you paid him something win for him it worked