Bailiff Threat - please help!

nottslass_2

Hello Katie,I know its hard,but please try not to let these bullies get to you

[quote=Katie73;6761853The_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.

This is exactly the reaction that they want - They know that they are getting to you,and hope that you will give in and pay them ( bully boy tactics is the way they make their living)

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.

Why ? I understand how you are feeling,and whilst I know its easy for me to say so,you really do need to stay strong.
Again, remember you do not have to let them take your stuff,you have no legal obligation to make any contact or even speak to the bailiffs,If they phone,do not even bother entering into a conversation with them other than to state that you are dealing direct with the council. I can assure you that they will give up and return your debt to the council when they realize that they will not be making a penny from you !

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.

Contact you council and ask for a copy of their policy in regard to venerable people and council tax bailiffs.

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

Next,you need WRITE to the council stating ( this bit is important) "That you fully acknowledge the debt and that you are not willfully refusing to pay".
In this letter send a statement of affairs, listing all income and essential expenditure (I'm sure that there will be somebody on this site that will help you in regard with what to include) Based on this, make them a monthly offer to pay what you can realistically afford, without getting into further debt.Send the first months installment along with the letter stating that you will continue to make payments on such and such a date each month - you will need to stick to this religiously or you you'll end up back at square one !

The council may have told you that they are unable to take the debt back from the bailiffs,do not take any notice,they will not refuse your payments,but you do need to make it perfectly clear that these payments are for this particular council tax debt or they may simply take the amounts off this years c/tax account.

I know its a horrible situation,but please don't let the Bastwards win, I can assure you,once YOU have taken control of the situation and everything calms down you'll feel alot better,but until then have a nice cup of tea and a virtual hug from me.

Good luck

nottslass_2

WHOOPS , i appear to have messed up the quote thinggy and quoted myself instead of katie73 !

But I'm sure that you'll get the idea of how I meant my post to appear !

Katie73

Hi again

First off, thanks and many hugs to everyone who's taken time out to reply to my ramblings over the past week. I can't express fully how grateful I am to people for their kind words, support and advice regarding my situation but I am finally seeing light at the end of the tunnel.

Finally spilled everything to my other half last night, who was just incredible and ready to punch the bailiff's lights out. He was upset that I'd been alone and scared all week but glad I'd told him. I think half the battle is having someone to share it with. He's adamant that no one is coming into this house and taking anything and that we will pay this back either in one lump sum or in instalments.

Spoke to my local councillor (may have already said that in an earlier posting, but can't remember) and she emailed my details to a legal rep who works for my council. He's en expert in council tax and bailiffs and he phoned me last night to set up an emergency appointment for Tuesday afternoon. Will have to miss a class at Uni again, but will email my personal Tutor (who's great) and explain the situation so shouldn't be a problem, and you have to prioritise, right?

If he can't help I'm going to make a huge fuss with the council tax people and take it as high as I can to ensure they do something about their bailiff contacts and their bullying tactics.

Many thanks again and will update you as and when I hear anything - let's just say I'm feeling a lot stronger and more confident than previously and I won't let the b*****d's win!

Katie

kittiej

Good for you!

Hope it gets sorted for you soon.

AGB863

In our town, when we work on behalf of clients, if the Council Tax recovery team want to to instruct the bailiffs to except a payment plan - they do so and the bailiffs have to follow the instructions that the recovery team instruct them to do, after all they are their customer.

With regards to the bailiff calling, do not let him in to the property and keep all windows and doors locked at all times.

If a bailiff was to find a window open or a door unlocked, he can then enter the property peacfully.

If the bailiff does enter the property, you still have the right to ask him to leave the property. If he refuses and then proceeds to list items for a "walk in possession" - this can be challenged and would be classed as uneforcable and there is case law to back this up.

Also by holding a foot in an open door is not allowed to be used by a bailiff as a way of saying they have gained access in to a property.

If the bailiffs do a "legal" walk in possession and there is insufficient value in the goods in the property to pay the debt, they will most likely return it back to the local authority who issued the collection of the debt.

Don't forget a bailiff gets paid on results, ie how much money they can collect!

Cl0ckt0w3r

Hi Katie
I received a Bailiffs demand today like yours. It put me & my wife in a total funk all day, & I've spent most of that time on the phone or the web.
Thanks to your thread I've discovered that the "vulnerable " clause applys to me.(I checked the HMCS website). So this means I might be able to dissuade the bailiffs from bullying us further.
It seems that I was fined in 1997 for having a car without Tax. Odd as I wasn't driving then! Even more odd as the law which says you have to tell DVLA if your car is "off road" (SORN) only came into force in 2004!
In the last 10 years I have moved around a fair bit, but I fail to understand why they couldnt have alerted me to this fine earlier. In addition I am baffled as to why our debts are written off after 6 years (the 6 yr rule) but they have chosen to try to enforce this now.
No doubt I will find out more on Monday when I can speak to the court who issued the fine. I will also be taking advantage of at least two local solicitors who give you the first half hour free. If it takes 3 hours I will visit 6 solicitors.
The C.A.B. may be able to locate the right info quicker as they know where to look. Finally I shall be writing (and saving copies) many letters.
I'm beginning to calm down now, but I totally understand why your week has been so trying.
We have to remember that there is always a solution to these bullying tactics, & our problems are surmountable.
Wish you a good result.
P.S. I heard that bailiffs cannot clamp or tow a car which is registered 'Disabled' or has a blue badge. Can anyone confirm this please?

BAILIFFCHASER

Hi
sweet pea if i were in the same situation the bailiff would be trying very hard to forget my address and would also be warning other bailiffs of the same.

Katie73

Update:

Well, it's 3.00 in the morning and I'm up with the kids in 4hrs, but unable to sleep because my mind won't let go of this whole bailiff thing.

Had another call from him this afternoon, which I ignored, and he left me a message saying he will be revisiting the property (didn't say when) and clocked our car last time, which he will take if need be. Rang boyfriend, who said 'let him take the car, it's only worth about £300 quid and we want a new one anyway!'. Bailiff can visit all he likes - he's not getting in my house!

Depressing thing is, visited this supposed 'expert' today and what a complete waste of time that was. Listened to me, made loads of notes, checked the council tax database and told me how much I owe in total (yeah, thanks mate, cos I didn't know that!) then rang the bailiff and left a message saying 'Miss Dale is willing to pay in instalments of £20-30 per week, can you ring her back and discuss this with her', then basically told me there was nothing else he could do! How is that expert help exactly? Also said that this kind of debt is quite often passed to a more agressive bailiffs if the current one have no joy with me. Great.

Have a refund coming from driving lessons this week (£300) which boyfriend said I should pay off the bill, but mortgage is now falling behind and so are nursery payments (nursery manager is going to hassle me for money tomorrow) and it seems like it's impossible to pay everyone.

Sinking rapidly into stress and depression again and feel like something's got to give - might well have to quit Uni if this keeps up.

Katie

saffronflowers

Bless your cottons honey - you have had the most excellent advice on here. I know you have PMed Herbie the details of the Bailiff, Bailiff Company and Local Authority but could you send them to me as well.

I am the person who had the WPO on the car that had been scrapped!!!!! I think that Herbie will vouch that I know my stuff, though will never no as much as her!!!! So if you would like somone to help you through this I am more than happy to help.

Take care it will get sorted, it will be a battle but I for one can testify you will be over the moon when you have managed it.

SFx

Herbie21

Hi Katy

I am sorry that I could not respond sooner but with saffronflowers on here as well I have manged to leave you in very good hands.

I have sent you pm so that this letter can be sent asap.

Speak to you soon. Chin up.