Had a fight with a bailiff (Please learn)

kel123_2

Ive also posted this on CAG

Well I fell for it? you'll understand why!

Background

Was paying off council Tax £100/month from december, agreement to pay end of each month. End February/beginning March had this years through the post and was over 10 months I phoned Walsall council and they agreed to 12 payments end of each month and that they would send a revised bill out.

Received the revised bill and it was over 12 months but included in the bill was the £100 due the end of march so I accepted it. I have just noticed it says Note: £100 0f the total is subject to court proceedings. Anyway yesterday had a letter pushed through the door to say that a bailaff was calling tonight at 19.45 He arrived I answered the door and I he flashed his badge and said he was from Bristow and Sutor am I Mr silly boy. I explaind that Walsall council had added it to this years bill and i'll sort it out with them tomorrow.

Call me mister SUCKER

He said have you got the bill, I turned to get it he said can I come in I shouted no and as I turned he was through the door. I blocked his way but he pushed against me. I said you are not invited and stood his ground and with out physically hitting him he wouldn't budge. I shouted my wife who blocked his access further I phoned the police and while on the phone I asked him to leave he refused saying that he was court appointed. With the police on there way he went and sat in his car.

The police talked to him out side and then came and talked to me. To be honest the police didn't know what to do and admitted they have no knowledge. The bailiff came down the path and I asked the police to see him off the premises to the boundry line they just stood ther while he wrote his bits of paper. I shut the door and closed the letter box. he left the enveloope on the step.

The Bailiffs name is M****** D****

mum=money_under_mattress

oh my god, thats awful.

i am pretty sure they are supposed to write first to let you know of the debt being with them.

kel123_2

The police told me that both stories were the same but he said that once my back was turned he walked in. On the inventry of goods seized he as put Carved dining table and six chairs , Mantle clock (westminster chime unknown value) and wooden cupboard I have not signed a thing.

When I made the agreement in December to pay the £100 per month that included about £50 court fees (did this to stop going to court) So maybe this carries forwards

kel123_2

OK todays upshot

Phoned National debtline this morning and they advised:

1. Contact Walsall council speak to a manager and ask under the circumstances that they take the debt back. At first they didn't want to Know and was not particularly bothered how the bailiff got the money as long as he got the money.After telling him who I was writting to he asked me to pay the £100 but that I will still owe the bailiff fees.
2. Letter to Bristow and sutor complaining in the strongest terms posible. Containing that the fees are being disputed because the bailiff didnot gain peaceful entry
3. Letter to trade association
4. Letter to Walsall Council containing their lack of overseeing how the process of debt collection is happening
5. Letter to local ombusman
6. Letter to OFT
7. optional Letter to police advising them on their lack of knowledge

rog2

You are legally entitled to at least 7 days notice of an impending visit by a Bailiff, even for Council Tax.
The 'Bailiff' should NOT have 'pushed past you' - that is not 'peaceful entry'.
Good advice from NDL - why not also pm Herbie21 as she deals with this sort of intolerable behaviour everyday.
You can, also, visit her website at http://www.bailiffadviceonline.co.uk

fermi

rog2 wrote: »

why not also pm Herbie21 as she deals with this sort of intolerable behaviour everyday.

Very good idea Rog.

Herbie21 knows far more about bailiff law than even the bailiffs do.;)

rog2

fermi wrote: »

Herbie21 knows far more about bailiff law than even the bailiffs do.

Exactly, fermi.

kel123_2

Rog he didn't just push past me. He pushed me with him. I am 6' and 16st and he must have been 6'4" and 14 St and wearing steel toecaps My wife entering the sceen settled him down and allowed me to escape the situation. Believe me I started s--ting myself and i'm no push over

If all read this take this advise and do NOT answer the door, your not playing the same game as them they are not nice and donot play by the rules.

rog2

kel123 wrote: »

If all read this take this advise and do NOT answer the door, your not playing the same game as them they are not nice and donot play by the rules.

Many of us, including myself, have been the victims of the 'bully boy' tactics that these 'legalised criminals' (their own words - not just mine) use. They tend to believe that, because they are 'executing a warrant' that they are above the law, when, in actual fact, their actions could render their attempts at collection illegal and, in turn, could lead to their certification, assuming that he was certified, being removed.
They must not be allowed to conduct their business in this illegal fashion, and, whilst it is easy for me to say that their behaviour is unacceptable, we really need to get the professionals on board - which is why I reccomend contacting Herbie21.

fatbelly

kel123 wrote: »

If all read this take this advise and do NOT answer the door, your not playing the same game as them they are not nice and donot play by the rules.

The only safe way to have a discussion with a bailiff is through an upstairs window!

Herbie21

I will post a full response in the morning....my laptop is telling me that it is running on reserve battery........