EMERGENCY!! bailiffs, c.tax, no idea! Scots law

chevalier

I know this is a dense question but what is a certified bailiff?

Wordsfan I hope things are coming together for you
chev

Molanole

moneymare wrote: »

How can you assume that he hasn't received the correspondence?

And in moving house, would you not contact the local authority to advise them you were moving.......?? Unless you have something to hide???

I think a little understanding might be required here. I am lucky enough never to have had to deal with bailiffs although in my old flat there was a fair few knocking on the door for the flat upstairs and then ringing all the bells for all the flats to see if we'd let them in. On the odd occasion when I happened to be walking out the front door when they were in the drive I was grilled by them and had to prove that the upstairs flat was naff all to do with me. Nice people.

We all know the postal system in this country can be a joke sometimes. And in the case of my previous local authority I filled in all necessary forms within the requisite timescale, provided accurate addresses and reference numbers and they still managed to send me a letter to my old address and to my old landlord rather than my new address. I only realised this when I phoned them to find out what was going on and to ask if I owed them money.

Even the guy I was speaking to at the Council couldn't understand why they had not sent my letters to the right address, he even confirmed that the address was on the system properly. Must be because they actually owed me the money rather than the other way round.

Not everyone sets out to be dishonest and I do wish that the human race would not consider everyone guilty until they have actually done something wrong.

Just my tuppence worth. I'm leaving this thread now as the TRoll is on here and I just can't be doing with it.

fiveyearplan

T.Roll - yes you are entitled to your own opinion but what do you get out of posting on this forum. You must have no self esteem if posting all your anger and frustration out on here makes you feel big. Go away.

fiveyearplan

You still didn't answer the question 'what do you get out of posting on this forum' If your self esteem is intact you must just be a vile person!

rog2

fiveyearplan wrote: »

If your self esteem is intact you must just be a vile person!

You seem to be a good judge of character, fyp.

Loretta

moneymare wrote: »

I think you'll find, I also advised it best for the OP to contact the Bailiffs asap to try and resolve the matter.

I can assure you that all complaints are examined thoroughly.

Having worked in this job for the past 10 years, I am experienced enough to know that if I was to receive a Reminder Letter, Final Notice, Summons or Liability Order Questionnaire, I would be looking to resolve the problem as soon as possible.
My sympathy wanes for people who choose to ignore all previous correspondence and then feel the need to complain when they are subject to Bailiff action, or any other form of recovery action - eg Attachment to Earnings, or in extreme cases, bankruptcy.

Unfortunately, Ignorance or 'Ostrich-syndrome' is no defence.

I can tell you work for a local council because, as is the practice with LA employees, you have not read the post properly, the OP has moved so how ever many letters have been sent she hasn't received them.

I worked for a local council once, nothing to do with council tax or collecting money and whenever there was a complaint to a councillor or an MP, all the others were ignored as a matter of course, the bosses got the relevent file and the typists were kept busy for the rest of the day making the file look as if a 'proper job' had been done, correct letters, dates, any compaints removed etc, it was the only time I ever saw anyone actually doing any work. I left because I could not stand the lies, deceit, arrogance, incompetence and downright contempt by the staff to the public.

These people would never make a living in the 'real' worlld

rog2

Loretta wrote: »

These people would never make a living in the 'real' worlld

How true, Loretta, how very true. :think:

Loretta

plumduff-2 wrote: »

Okay dokey... so the "bailiffs" were calling regarding an overpayment of housing benefit and NOT for unpaid council tax...

If this is the case, then they are not acting as "bailiffs" but as debt collectors... I have seen this myslef with Equita and Rossendale bailiffs..

Apparently both these companies and others probably have taken on both duties.. Now here it gets tricky...

When they are collecting unpaid CT - they are acting as private bailiffs and can charge their extortionate fees and have powers of entry and are able to secure goods outside the house - ie a car by clamping it...

BUT

If they are acting for HB overpayments, they are putting on their "debt Collection Agency" hat and as such have to comply within the OFT Guidleines on debt collection... So, no rights of netry and you can offer them whatever based on your I&E - as low as £1 per month if this is all you can afford..

Now, some points:

1 check that any letters oyu get, do not make reference to them being bailiffs - cos if collecting HB overpayment, they are not bailiffs in this instance.. if they write bailiffs ref or has bailiffs on top of the letter - Complain...

2. Make sure they are not adding charges.. as they would with their bailliff hat, again, not allowed to do so... Complain..

When you write to them with your offer.. (£1 pm if on low income) inform them that they are acting as DCA's and any breaches of the OFT Guidelines will result in a complaint to the OFT, Trading Standards and the Financial Services Ombudsman...

Generally works...

I have seen several of these in recent months. I have complained to the LA about their use of bailiff firms as DCAs and complained to the bailiff/DCA about misuse of hteir powers.. I have pointed out they must comply with the regulations and Equita, who are especially bad at responding to my letters, have sent me a very nice one accepting the paymetn proposal... Unlike any Ive had of them when they are collecting as bailiffs for CT...

Shame you felt the need to explain your situation cos MM !!!!!! was judging you... Surprise surprise.. loved your comment about MM going to nightschool to learn about compassion - classic....! And so true..

Hope this helps.. xxx

Thank goodness there are people on here who take so much time and trouble to help and share their knowledge with someone who is obviously in trouble and desperately trying to sort themselves out.

Most people are on here to help as I have notice over a long time reading the posts. They by far outnumber the people who are so perfect they have to just try and make things worse.

They do seem to be the sort of people who do certain types of jobs which cause all the problems!

Great comment about posting during working hours - I loved it

kathy206

Tootsie_Roll wrote: »

Yes it's amazing isn't it ? I think there is a conspiracy going on at Royal Mail - most letters from lenders/dca's/councils etc requesting payment of an overdue amount go missing !!

Here we go again...groundhog day.....:rolleyes:
Tootsie you never cease to amaze me. If there was ever a forum just for kicking people when they are down,well, you'd be the queen of it. Congratulations.

Kaz2904

I got a ccj a few years ago for unpaid council tax after I was a student. I qualified and started my new job in September 2002 so worked out with them how much I would now owe. I then paid this.
6 months later I had a flood and lost a load of paperwork.
April 2004 I had a summons and phoned them to say I had paid it and didn't owe it. I was unable to prove it and they wouldn't have it that I had paid the amount over a year previously.
I then had a letter from bailiffs with £100+ added on.
I was on maternity leave and terrified of them coming round when I had small kids. So despite knowing I didn't owe this money I phoned up to pay it.
The woman I spoke to on the phone went through it all with me and when I told her the situation she said it should never have gone to court if it was in dispute. She advised me not to pay up straight away and to continue the dispute with the council. I paid it anyway out of money I could ill afford because I knew I had no proof and also knew that I would never win in an argument with them.

I still wonder to this day what would have happened if I had done anything but know that I would have ended up owing loads more money so just bite my lip when I think of it but boy were we hungry that month!
Have to say though that since then I make sure I pay by standing order- NEVER CASH.