Bailiff coming tomorrow

National_Debtline

Hi Gems75,


There have been some great tips on this thread so far and I think the idea of going to a CAB for a bit more support may be a good thing to do too. Bit of a long post from me here but I would just like to clarify a few things for you so you know exactly where you stand. CIS is right about the likely explanation of how a £20 bill rose to £600 but you can and should ask for a breakdown of the bill from the bailiffs. Keep all communication in writing/ emails from now on to try and help limit the stress of things.


There has been some confusion about the fees so, to clarify, the bailiffs will charge a £75 Compliance fee (just for sending you the first letter) plus a £235 Enforcement fee for visiting. As long as you don't let them in (and there is nothing valuable outside that they can try and take) then there would be no more fees - no matter how many more times they visit. However, if you let them in and they try and make a list of any of your belongings then they can add more fees after that. It would be my strong recommendation that you do not let the bailiffs in under any circumstances.


I also think trying to get the council to take the debt back from the bailiffs based on your financial situation and health would be a good idea too. If the council does this then the bailiffs fees will be removed from what you owe. You will then need to make an offer to repay the council based on what you can afford, you can't really offer zero I am afraid, the minimum offer you could make would be £3.70per week. Try and do a SOA and a benefit check, hopefully the CAB may be able to help with that. Good luck,


Laura
@natdebtline

skintandfat

Hi Gems
All good advice here.


What these baliffs fail to realise is that they only have power over you until you realise they cant do much.


In other words- you need to let them know you are in control - not them and (as others have said) DO NOT LET THEM IN.


I would suggest you email (emails are timed and date verified) letting them know you are vulnerable and on benefits with a young child and you consider their visits unacceptable.


Make it clear you will not answer the door and will not let them in and you WILL call the police to have them removed should they turn up.


Once they know you aren't going to fall for their crap they will move on to their next victim.


As things stand you have very little assets, what is to stop you selling your movable assets for a (realistic) price to a family member and then renting the items from them. Then the goods are not yours and they cant be removed.

[Deleted User]

skintandfat wrote: »

Hi Gems
All good advice here.


What these baliffs fail to realise is that they only have power over you until you realise they cant do much.


In other words- you need to let them know you are in control - not them and (as others have said) DO NOT LET THEM IN.


I would suggest you email (emails are timed and date verified) letting them know you are vulnerable and on benefits with a young child and you consider their visits unacceptable.


Make it clear you will not answer the door and will not let them in and you WILL call the police to have them removed should they turn up.


Once they know you aren't going to fall for their crap they will move on to their next victim.


As things stand you have very little assets, what is to stop you selling your movable assets for a (realistic) price to a family member and then renting the items from them. Then the goods are not yours and they cant be removed.

Im confused and not meaning to have a go at anyone here BUT surely the best plan is to try and sort something out with regards to the debt and NOT play "dodge the bailiff"?

I appreciate some people just dont have the money and thats fair enough - you have my sympathies.

At the end of the day also, the court has made the decision NOT the bailiffs. They have no personal involvement at all and are just acting on the courts orders at the end of the day.

Also you do know that if you call the Police they will back up the bailiff dont you? (Assuming they havent done anything untoward). The bailiff has a COURT ORDER - they are allowed to enter a premises as long as they dont break in. They can climb over the back fence, walk into the back door if they so desire. The police will not make them leave just because its inconvenient for you Im afraid.

I often think how would I feel if I did something like rent out a house that I paid a mortgage for, and the tenant never paid the rent. I might be in danger of losing the house because I couldnt pay the mortgage. Would anyone feel sorry for the tenant in this case when they were trying to get away with not paying?

Like I said, not saying it must be a rough situation to be in, especially when you genuinely can't pay but I feel dodging things is just going to make it worse.

fatbelly

The comment is right about the police. It's not usually a good idea to involve them as most (not all) will side with the bailiff and do not understand bailiff law.

As for the reasoning behind the 'don't let them in strategy' - it is that for most bailiff cases (not criminal fines from the magistrates court) they do not have the right to force entry on an initial visit. However if they are given peaceable entry and take control of goods, then they can force entry on a subsequent visit. Why give them extra rights to harass you with?

That's why National Debtline, CAB and former bailiffs all suggest talking through a letterbox or upstairs window, keeping doors locked and cars hidden.

No-one's suggesting not paying, just not being bullied into doing things by them.

[Deleted User]

fatbelly wrote: »

The comment is right about the police. It's not usually a good idea to involve them as most (not all) will side with the bailiff and do not understand bailiff law.

As for the reasoning behind the 'don't let them in strategy' - it is that for most bailiff cases (not criminal fines from the magistrates court) they do not have the right to force entry on an initial visit. However if they are given peaceable entry and take control of goods, then they can force entry on a subsequent visit. Why give them extra rights to harass you with?

That's why National Debtline, CAB and former bailiffs all suggest talking through a letterbox or upstairs window, keeping doors locked and cars hidden.

No-one's suggesting not paying, just not being bullied into doing things by them.

Extra rights to harrass you? Come on - wrong terminology. These are people attempting to collect a debt that a court has decided is owed. Nothing more. They're not attempting to bully anyone or con anyone out of anything.

Like I said, it'd be different if you were the one in financial trouble because someone won't pay money they owe you. You'd be keen for bailliffs to get your money then.

If you ask me, if you attempt to dodge paying your debts then you deserve all you get if the fees mount up.

mchale

[quote=[Deleted User];70793814]Extra rights to harrass you? Come on - wrong terminology. These are people attempting to collect a debt that a court has decided is owed. Nothing more. They're not attempting to bully anyone or con anyone out of anything.

Like I said, it'd be different if you were the one in financial trouble because someone won't pay money they owe you. You'd be keen for bailliffs to get your money then.

If you ask me, if you attempt to dodge paying your debts then you deserve all you get if the fees mount up.[/QUOTE]


Best statement on this thread :T :T :T

elsien

[quote=[Deleted User];70793814]Extra rights to harrass you? Come on - wrong terminology. These are people attempting to collect a debt that a court has decided is owed. Nothing more. They're not attempting to bully anyone or con anyone out of anything.

Like I said, it'd be different if you were the one in financial trouble because someone won't pay money they owe you. You'd be keen for bailliffs to get your money then.

If you ask me, if you attempt to dodge paying your debts then you deserve all you get if the fees mount up.[/QUOTE]

It's not the wrong terminology. The OP accepts they owed the arrears which they were trying to pay off but is currently not able to do so due to a change in circumstances. The bailiff will continue trying to get blood out of a stone by giving misleading information about what they can and can't do. If the OP has no money and no goods, then all this is likely to achieve is to send them off to an unofficial lender at extortionate rates.
I have no sympathy for people who try to dodge paying when they are able -as a creditor I've been there and worn the t-shirt. But it is far more sensible to let the OP get back on track without adding on extortionate and unnecessary fees.

sourcrates

mchale wrote: »

Best statement on this thread :T :T :T

Obviously every bailiff is as nice as the guys you see on the tv program, they would never lie, or attempt to deceive you, nah, of course not, ridiculas notion !!

fatbelly

[quote=[Deleted User];70793814]. They're not attempting to bully anyone or con anyone out of anything.

[/QUOTE]

Best statement on this thread :rotfl::rotfl::rotfl:

[Deleted User]

elsien wrote: »

It's not the wrong terminology. The OP accepts they owed the arrears which they were trying to pay off but is currently not able to do so due to a change in circumstances. The bailiff will continue trying to get blood out of a stone by giving misleading information about what they can and can't do. If the OP has no money and no goods, then all this is likely to achieve is to send them off to an unofficial lender at extortionate rates.
I have no sympathy for people who try to dodge paying when they are able -as a creditor I've been there and worn the t-shirt. But it is far more sensible to let the OP get back on track without adding on extortionate and unnecessary fees.

OK can't comment on this case but how many cases get to the stage of the bailiff appearing because the defendant has ignored a multitude of letters, warning, court orders because they've stuck their head in the sand and/or thought they could blag it.

If someone owes me money then they're ability to pay is their problem not mine.