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Bailiff Threat - please help!

245

Comments

  • nottslass_2
    nottslass_2 Posts: 1,765 Forumite
    Can anyone shed any further light on the bailiff thing cos I'm terrified of him knocking the door and refusing to go away, especially as I'm on my own with two kids all week.

    Rember DO NOT LET THE BAILIFS IN, IGNORE THEM

    Shut the curtains,lock the doors and ignore the door bell.

    The bailiffs can only charge for two visits (if they haven't previously gained "peaceful entry")so therefor, you will probably find that they will simply return the debt back to the council,as it would be unprofitable for them to keep wasting their time by visiting you and getting no reply !

    My advise would be not to phone them either,the more you ignore them the quicker that they will realise that they ain't going to get a penny from you !

    Negotiate direct with the council a payment plan that you can afford to stick to
  • Nottslass is right, they can only charge for two visits, so if they can't get what you want out of you it will be passed back to the council. Just make sure that they can't get in, make sure windows and doors are locked, there's no cars parked outside, etc.

    It's best if you make some sort of token payments to the council for this in the meantime, to show that you're willing to pay.

    If you're at uni, you should get a certificate to show you're exempt from Council Tax. If there is only one other adult in the house, the other adult will be liable for the Council Tax but there'll be a 25% single occupancy discount.
  • Larumbelle
    Larumbelle Posts: 2,140 Forumite
    The others have given excellent advice, just wanted to add that if you are vulnerable for any reason the council are legally obliged to take the debt back. Tell the council about the double bereavement and that this has caused obvious emotional upheaval and stress. They should take all debt back from the bailiff in this circumstance.

    :grouphug: Please don't worry. Pass that hug on to your partner too.
  • Katie73
    Katie73 Posts: 38 Forumite
    Can I double check something (at the risk of sounding thick)? I read that the bailiffs can only charge for 2 visits, but the bloke dealing with my case said that he'll keep coming back for as long as it takes - is he bluffing to try to make me pay (with blood, presumably) or let him into the house? Who is that gets charged for the visits - me or the council?

    Sorry for asking the obvious, but this is really worrying me

    Thanks for all previous advice - much appreciated

    Katie xxx
  • Larumbelle
    Larumbelle Posts: 2,140 Forumite
    After the first two visits they cannot add further charges unless they gain entry to your house. Check out this page for advice, if you scroll to the bottom the charges they can make are in the green boxes http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=02_bailiffs_and_council_tax

    I know it's hard, but please don't worry too much. You CAN get this sorted, but making yourself sick with worry won't help. You are better placed to sort this out if you can try to be strong and level-headed. I know how hard it is, but please try :grouphug:
  • Katie73
    Katie73 Posts: 38 Forumite
    Thanks, Silvercharming.

    I'm trying to be calm about it, but he makes my blood boil. How can anyone make a living out of inflicting so much misery on people? I've just checked out the link mentioned earlier and I've definitely got a case here because of our recent bereavement - I'm classed as vulnerable. The bailiff knows this too and couldn't care less!

    Will wait on my council to ring tomorrow - suspect they will due to the circumstances - fingers crossed.

    Katie
  • RAS
    RAS Posts: 35,285 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Katie

    I am not an expert on bailiffs (it was before I found this web-site and in circumstances not unlike yours), but I would trust the information on here before I trusted a bailiff.

    The exact rules may be different for bailiffs chasing CT rather than other credit but there are a specific set of allowed charges at set rates.

    I now realise that when I offered to pay (the full amount), I was told that the bailiff was NOT ALLOWED to accept payment by cheque, and that he HAD to either visit my house and take a list of things he could sell if the cheque bounced or secure the debt against my car. This was complete total and utter lies. The reason he wanted to do the walking possession order (that is what is is called when he visits to secure the debt against your belongings) was because he could add an extra charge to the bill. Nothing else stopped him from accepting the cheque, just the chance to make extra money at my expense.

    Another Op here had a walking possession order made against a vehicle that the family did not own that had been scrapped before the date the WPO was done by the bailiff. So she has disputed the charges and he has lost his job.

    Do you have this guy's name. Can you check whether he has the right certification and definately report exactly what he says to the council.
    If you've have not made a mistake, you've made nothing
  • Katie73
    Katie73 Posts: 38 Forumite
    Oh god, getting panicky and scared again now. Spent the evening ringing the council and the bailiffs company, getting told different things every time. the council can't call the debt back and I should never have been told that apparently. The bailiffs office said things like 'you can cry and beg all you like but we won't help' and 'we all have drama in our lives but we still get on with things' before putting the phone down.

    I feel utterly helpless and terrified. It seems as if no one can do anything to help with this situation and I'm going to have to let the guy remove belongings. I read on a legal site that if you have a bereavement you're classed as vulnerable and therefore should have your debt passed back to the council.

    No one wants to speak to me apart from the bailiff and all he wants to hear is either that I have the money for him or that I'm going to let him into my house. Do I have a chance of dealing with this any other way?

    Katie
  • Katie73
    Katie73 Posts: 38 Forumite
    Can someone please reply to my earlier question, cos I'm feeling increasingly scared, alone and upset.

    Sorry to be a nuisance, but this is the only place where I feel I can get support and trustworthy advice.

    Katie
  • lexa34
    lexa34 Posts: 587 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    Hi Katie,

    I don't know as much as the other people on here but just wanted to say try and hang in there; it is hard when you are in this tpe of situation and it feels like your whole world will collaspe but it won't- what ever happens and you are doing all the right things by arming and taking action on the information you are gathering.

    I mean you have to ask yourself what type of personalities want to do this for a living? Bullies mostly. And who are those people in call centres making judgements about your "drama"!- they obviously haven't had any tricky life situations to deal with YET. Bollocky baliff? He isn't worth getting stressed about as at the end of the day he is just trying to get money or possessions off you, just try and believe in karma and bet you he isn't very endowed and doesn't have any nice friends etc...he is trying to intimidate you as this helps him meet his agenda and perhaps you need to not deal with him- just people who can help you out of this situation.

    I don't know but perhaps you should note all your dealings with him as evidence to call upon if he oversteps the line in anyway. Next time he phones or you talk inform him you are writing down/ recording everything and don't be drawn on it (you can also note his tone) this is just to protect you-not to antagonise him. Or put him on speakerphone and inform him that there are witnesses just to protect yourself. This may sound amateurish but least then he shouldn't lie or threaten. Take advice on this from a legal advice line/CAB/ knowledgable pep's on here. Do you know about the CLS (community legal service? As a low income family you should be eligible for this too if it would be of any help.

    http://www.communitylegaladvice.org.uk/

    Do you have car/house insurance in the family as this sometimes has free legal advice for any circumstances and may be another surprising source of info/support and already paid for!

    Also, explain what is going on with your Doctor as in some circumstances a letter from them will be useful- even if it is just to your Uni if you need an essay extension due to the stress of all this AFTER this has been resolved as it will be resolve- remember this and hang in there. Don't let it consume you as it isn't worth it- you are not a bad person- I mean you haven't eaten a kitten or something have you!!!?

    You are only human and are in a pickle but it is no excuse to treat a human being like this. You will look back and think cor that was an unpleasant patch of life I promise. You are working towards a good future fo you and yours- esp if you are going to Uni this should help.

    Basically I just hope I haven't said anything inappropriate as I am not an expert in these things but just wanted you to know you aren't alone and it will get better, eventually.

    Purely on a less serious note- why don't you sign up for freecycle as it is a great, environmentally, free way of getting mostly good stuff for your home and family- esp. if there is a rich area nearby!!

    Best wishes

    Also, when you make a compliant to a council it gets esclated up if you aren't satisfied with the serivce/ information that you receive from them so you could perhaps try this to at least draw it to someones attention that this bullying baliff is intimidating a greivng, depressed woman at home on her own with children ( bad PR headlines for them on the front pages of your local paper!!!)-the Doctors note to the powers that be at the council is normally taken pretty seriously ONCE you've got an audience who will do something about this. Does your local councillors ahve a surgury coming up? Take the kids along looking cute but scared!! I am not making light of your circumstances but do try and believe in trying to laugh not cry everytime in the darkest of hours, which are always before the dawn light. Cheesy, but normally true.
    Green and minimal chemicals is the new black- I know a fair old bit about sustainability, specially energy and transport stuff. If I can help- please ask!
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