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  1. Guidance: Taking Control of Goods Regulations 2013. An Introduction: On 6 April 2014, the law on bailiffs changed. It is not clear how the new rules will work in practice and whether they will lead to more or to less complaints. In the coming weeks more information will be forthcoming and this thread will naturally be updated. Terminology: The new regulations modernise terminology. The terms 'levy, ‘distress’ or ‘distrain’ are now known as the process of: ‘taking control of goods’ A ‘Walking Possession Agreement’ is now called a: ‘Controlled Goods Agreement’. Bailiffs will now be known as: ‘Enforcement Agents’. The ony exception will be a County Court bailiff who will continue to be called a ‘bailiff’. A ‘warrant of execution’ (in partcular for road traffic debts) and a ‘warrant of distress’ (for unpaid Magistrate Court fines) are now called ‘warrants of control’ and a ‘writ of fieri facias’ (in relation to a debt enforced via the High Court) is renamed a ‘writ of control’ Enforcement Agent Fees: On 6th April the Taking Control of Goods (Fees) Regulations 2014 came into effect which comprises of a strict three stage process. With the exception of 'writs of control' enforced via the High Court, the following fees apply to all debts (council tax, non domestic rates, parking charge notices, child support agency arrears, rent arrears and unpaid magistrate court fines). Stage 1: Compliance Stage Fee: £75 Upon receipt of an instruction from the client, the Enforcement Agent must send a Notice of Enforcement giving the debtor a minimum of seven clear days notice that a visit will take place to take control of goods. This fee is payable for each Liability Order or Warrant of Control. Stage 2: Enforcement Stage fee: £235.00 (plus 7.5% of the value of the debt that exceeds £1,500.00). An Enforcement Agent shall attend the premises to take control of goods prior to the removal of goods. This fee become chargeable when the case in not paid during the Compliance stage or where a payment arragement is broken and an Enforcement Agent visits the property to remove goods. It is important to note that if the enforcement agents is enforcing more than one Liability Order or Warrant of Control against the same debtor he may only charge one ‘enforcement stage’ fee. He cannot apply ‘multiple’ charges. Stage 3: Sale stage Fee: £110.00 (plus 7.5% of the value of the debt that exceeds £1,500.00). This fee shall be charged when an Enforcement Agent attends the premises to remove goods and make preparations for the sale of goods. It is important to note that additional charges may be applied relating to the removal. These include storage and locksmith’s fees. Forms and documentation: This is a major and very welcome change. In the past it was common to receive correspondence from a bailif company that failed to provide a breakdown of fees (and in many cases, letters were undated or failed to even state an amount at all). Those days are gone: Under the new regulations the enforcement agents must comply with strict criteria which much more stringent identification of goods. A seperate “STICKY” provides details of each of the statutory notices and the relevant information that must be provided on them. Making a payment proposal: The new legislation provides debtors with a strict period in which to make payment or to negotiate a payment arrangement but, once that stage is past, there is a more focused and rapid procedure for the identification and removal of goods. It is therefore of vital importance that a debtor does not waste this early opportunity to inform the enforcement company of any vulnerability. Communicating with either the local authority or enforcement agent at an early stage is vital. However, it is importat to be aware that the enforcement company do not have to accept a payment proposal but should certainly do so if the amount being offered is a sensible one which will see the debt being repaid in a short period of time (3-6 months). The ultimate decision on the length of repayment will be for the local authority to decide and should be outlined in their relevant contract. If an enforcement company insist on immediate payment only in order to avoid an 'enforcement visit' (and a minimum fee of £235 being applied) debtors should consider making a formal complaint to the creditor. Vulnerable debtors Further protection of vulnerable debtors has been provided by the exemption from seizure of a vehicle displaying a disabled badge and most importantly, under Regulation 6 it specifically provides that the ‘enforcement stage fee’ (£235) and ‘sale stage fee’ (of £110) is not recoverable unless the enforement agents has, ‘before proceeding to remove goods’ (taken into control) given the debtor an ‘adequate opportunity’ to get assistance and advice’. Further details on how this will work in practice will follow. Most importantly, the enforcement agent will not know whether the debtor is ‘vulnerable’ unless he is advised of this at a very early stage. Communication with the local authority or enforcement company is vital. Times of day when an Enforcment Agent may visit: From 6th April an Enforcement Agent is permitted to visit your property seven days a week (including Sunday’s) between 6.00 a.m. and 9.00 p.m. He is not permitted to visit on Bank Holidays and Christmas Day. Tools of the Trade: Under the new regulations more protection has been given to debtors of items that will be exempt from seizure. These are as follows: Items or equipment (for example, tools, books, telephones, computer equipment and vehicles) which are necessary for use personally by the debtor in the debtor’s employment, business, trade, profession, study or education, except that in any case the aggregate value of the items or equipment to which this exemption is applied shall not exceed £1,350; Clothes, beds, bedding, furniture, household equipment, items and provisions as are reasonably required to satisfy the basic domestic needs of the debtor and every member of the debtor’s household. Cooker or microwave, fridge, washing machine, dining table and dining chairs to seat the debtor and every member of the debtor’s household. Land line telephone, or a mobile phone Medical equipment and items needed for the care of a child or elderly person. Safety and security equipment, eg. burglar alarms, locks and CCTV system Sufficient lighting and heating facilities. Domestic pets and guide dogs Any vehicle displaying a valid disabled person’s badge, British Medical Association badge or other health emergency badge. Note: It remains to be seen in practice how enforcement agents will 'interpret' the wording regarding goods (most particulary; vehicles) 'used personally in the debtor's employment, business, trade, profession, study or education' and the 'exemption' from seizure of those items valued at less than £1,350. In the coming weeks more information will be forthcoming.
  2. Hi, I'm hoping somebody can help. A bailiff company has tried to contact my brother who lives with our parents in their home with regards to money owing to the Tax Office for unpaid income tax we think. Quite frankly, I'm really angry with him for bringing this to their home as he has had the means in the past to deal with this but hey we all make mistakes right? he is now a single parent to a disabled son and they both live with my mum and dad with no possesions of his own. Everything is owned by my mum and dad apart from the clothes he wears. My mum is beside herself as she had dealings once in the past with the same firm and they made her life utter misery. That was 30 years ago and I can vouch for the fact they have not changed. I think that the bailiffs have more rights for this sort of debt and we're worried that she might return home one day soon to find that they've broken in and taken everything although this would still not cover the debt and there is som tuff that she is still paying off to Argos etc. What can she do? I know my brother should be sorting this out, but he seems to be able to bury his head in the sand that far he'll pop up somewhere in Australia!
  3. Panorama, Don't Take My Car: Bailiffs Undercover http://bbc.in/1hqTtYl
  4. Hi all, I really need some help with this one. I've had a bailiff come to my parents house today demanding £500 for an unpaid parking ticket. I was aware of this ticket from last year but moved across the country around that time, and through one thing or another, I completely forgot about it. I rarely get to go down south to where my parents live. This meant that any kind of reminders that came I havent seen... it was only when I got a phonecall from my distressed mother, and called the bailiff that it all came back to me. last year I sold the car that this is in regard to, and dont even live at the said address. This hasnt stopped the rude woman from saying she will still enter my parents property if it isnt paid by tomorrow. I find this ridiculous seeing as they have nothing whatsoever to do with this. I even put to her how would she enforce this, seeing as she can't take the car, as it's been sold, and she doesnt know where I live. What can I do? What are my rights? Surely she can't enter or take vehicles from two completely innocent people. I know if it was a private car park people say ignore them and they'll go away, but this is a council parking fine so I guess that means they have clout.
  5. The new regulations for bailiffs will take effect on 6th April and this will have a dramatic effect on enforcement of government debts. The regulations have taken nearly 20 years to be put in place and I am certainly not alone is saying that the regulations should NOT take effect on 6th April and instead should have a start date of October. The reasons are as follows: The Ministry of Justice only released the new fee scale a few weeks ago. Two weeks ago they issued substantial changes (over 60 pages) to the Civil Procedure Rules. Even with the new regulations being just 3 weeks away the Ministry of Justice have yet to release details of the new training requirements for bailiffs and the certification procedure and ways in which debtors (or others) may make a complaint to the court. The National Standards for Enforcement Agents are due to be updated...and again with just 3 weeks until the new regs take effect.....we are still waiting for details. Most importantly, there are over 300 local authorities in England & Wales and every one of them will need to amend their Contracts with the enforcement companies. In most cases, each authority use at least 2 or 3 enforcement companies to collect their debts. It is estimated that around 1,000 local authority contracts will require substantial amendments. A major stumbling block is that contracts may only be amended if the local authorities /or their legal advisors understand the new regulations. And they don't. At present John Kruse is carrying out training sessions but most local authorities (looking to spend as little money as possible) are preferring to instead use the FREE training sessions being run by THE BAILIFF COMPANIES !!! CIVEA are also offering "free' training to local authorities. Interestingly, I spoke on Friday to probably the largest London authority and they had received a 'training session' from a bailiff company just three days earlier. That particular local authority did not know anything about Part 6 (Interpleaders). Strangely, the bailiff company failed to include this vitally important section in their 'training session'. I wonder what else they are failing to tell the local authorities !!!! I am very worried indeed about what will happen when the new regulations take effect on 6th April. I hope to be proved wrong....but I can see complaints going through the roof.
  6. Dear members, please help, totally desperate! Yesterday Whyte and Co took my company van and want £1200 or they will sell at auction by 15th march. They say it is for 2 unpaid parking fines going back to July 2013. I was not aware of any of these, they must have been sending letters to my old address that the van is registered at! Me and my brother have set up a small ltd company and are electricians, the van was bought in the company's name and we can not do business without it. The registered van address is my ex family home. My relationship with partner of 8 years went horribly wrong and I was forced to leave and sleep on sofas of family and friends. I have two children and was hoping things with partner will change hence never got myself a permanent new address, and with everything that was going on I did not realise I had to change the log book address, just forgot. Unfortunately, I had to leave the UK in December and due to impending possible war here I couldn't get out of the country I am staying in, I will finally be travelling back in a couple of weeks! In the meantime, my partners alcoholism got worse and the kids are now under police protection! Not only did she ruin hers and kids life, it seems she has ruined my business too by withholding important mail and hacking in to my emails and social accounts! I should have known better! I left the van near my aunts place and asked her to keep an eye on it, she told me it was taken yesterday! Since I lost business and been out of the country I don't have the money to pay the bailiffs but need my van for when I am back as I have to work to support my kids who I will be solely responsible for! If I don't get the van, I can not work and will have to go on benefits which I really don't want to do! I offered the bailiffs to repay in installments but they refused! What can I do, how can I stop the van going in to auction? It is full of my tools and equipment! I need it! My life depends on it!
  7. http://www.legislation.gov.uk/uksi/2014/421/made On Friday 28th February the government released The Certification of Enforcement Agents Regulations 2014. This is the third and final set of Regulations which will underpin the Government's reforms to bailiff law. The first set, The Taking Control of Goods Regulations 2013, were laid in Parliament on 30th July last year and set out the procedure enforcement agents must follow when taking control of goods. The second set, the Taking Control of Goods (Fees) Regulations 2014 were laid in Parliament on the 9th January and set out the fees and disbursements an enforcement agent may recover from the debtor when carrying out enforcement related work. All three sets of regulations will come into force on 6th April. http://www.legislation.gov.uk/uksi/2014/421/made
  8. Thought I would post this recent video that was added to Youtube. Hounslow Police working with bailiffs to stop vehicles with outstanding PCN's. I can understand that the Police have an interest in this, because they will be indirectly funded by revenues received from PCN collection. i.e the Police are funded by councils that issued the PCN's. However, I would question the legality of this. Although the Police have the legal right to stop vehicles, surely they are restricted as to the purpose of such stops ?
  9. Hi, I use to have a royalmail account for posting items as I had a shop on ebay, i would send 500 items a month but 30 of them items would go missing and I would have to send replacement items out again. I have disputed the bill with royalmail but all they keep on saying is i need to pay the bill before they can issuse any refunds. I have refused to pay my bill of £2100 I sent all my items recorded the ones that have gone missing are still showing as in transit, I have proof of posting of the none deliverd items. the cost of all the items I have lost the double costs of postage add up to more than what royalmail are asking me to pay where do I stand if they attempt to take me to a civil court. Thanks
  10. Hi there, In November I recieved a fine from the courts for an IN10 offence. I didn't have the money to pay it, and stupidly stuck my head in the sand. After getting a new job in January, I started to sort out my finances. I wrote to the courts asking to make a payment plan and detailing my full finances to them. I received a letter back in the last couple of weeks saying that it was out of their hands. Today I received a letter from Marston Bailiffs saying that this is my final warning and I must contact them to pay £495, in full, immediately (the original fine was £110) or else they will send round the bailiffs with a locksmith to take my belongings. I cannot pay £495 in full, that's more than a months wages, but I really want to set up a payment plan. I know someone who had contact with Marston before and they wouldn't accept any talk of a payment plan, but there is no way I can get that kind of money together. What can I do here? Can they just come in and take things, even when I am more than willing to set up a plan with them? I live at home with my Mum and the majority of things here are hers, excluding my clothes etc, my phone and my old laptop, which I doubt they would get anything like £495 for! I'm looking for any advice on what to do next, thank you so much for reading this Beth
  11. Hi there, This morning I had a visit from a bailiff from JBW Group who had clamped my car parked on private property. I had not had any previous visits from them and they had not previously levied the goods (car) via a signed walking possession order. As he clamped the car without this would this be classed as illegal as it is an abandoned levy? What he did provide me with was a notice of seizure of goods & inventory. I explained to him that my circumstances were classed as vulnerable and that I could put a payment plan in place. He informed me that he would have to speak to his manager. Meanwhile I went inside and printed out some documents to prove my vulnerability. I went outside to give him these documents and discussed a payment plan. I was prepared to offer £50 per month (given that I am currently not working). He laughed and stated he would be able to accept £50 per week, and there is no way I can afford that. Amazingly however, he did agree to remove the clamp!?!?!? However, he did stated that the case would still be live and he wouldn't be sure when the next visit would be, could be later today, tomorrow, but I got the impression maybe not him (would he be passing it over to another bailiff?) - perhaps he was concerned about the whole vulnerability aspect? Immediately after he went I phoned their office at 8am and explained the situation and emailed a letter over to them explaining my circumstances of the vulnerability (suffering from stress and depression for 2 years and now being classed as disabled due to this having had to have my employment terminated in Dec 2013 as a direct result). I also sent letters to TfL (Head of Contracted Services & also their Director for Congestion Charging & Traffic Enforcement Directorate for whom I managed to get the name of the Director). I sent these by secure recorded & signed deliver and guaranteed next day delivery. I also copied the letter I sent to JBW to TfL as well as sending the letter to JBW in hard copy. Within both letters I included all my evidence as proof of situation. The fees listed on the Notice of Siezure of Goods& Inventory are listed as: PCN & Court Costs £202 Sending a letter £11.20 Levy/attendance to levy £57 (I have had no previous visit from them, so I am confused about this) Other £175 (what does this mean?) VAT £48.64 TOTAL £493.84 Later today at 3pm and 8.30pm I received 2 further knocks, this time I had parked the car away from the house and did not answer. Is it possible that they would revisit my property another 2 times today? Any general advice on the situation gratefully received and advice on fees would be good. Also, the continued visit are making me very stressed and adding to my general state of ill-health. Thanks for you help in advance!
  12. Hi, I'm looking for some help. I have an outstanding parking ticket notice from October last year. I didn't have the money to pay so stuck my head in the sand and ignored it. Got a letter through saying a bailiff had been to my house and that I needed to pay by the next day or would take my goods. Rang the bailiff and said I don't have the money to pay it can you give me a week to find it which he did. After reading through lots of things im thinking I shouldn't of done this. the original charge is £200 but the bailiff has now added charges of £300 and wants £500 from me by Tuesday. Can I refuse to pay those charges as they are excessive? How would I go about doing this? Should I pay the ticket charge straight to the council? And finally im afraid they will take my car the car is in my name but is on finance which is in my mums name are they legally allowed to take it? Any help would be greatly appreciated. Thanks in advance.
  13. Hopefully someone can advise me on the best course of action.. I recieved a letter today owing for Council tax for the some of £452.45 Also the fees as stated are Levy Fee £39.00 Attendance to attempt levy to distress £42.50 Attendance removal £120 So all in all I owe £654.15. It states on the letter that the debt is outstanding despite previous attempts for application of payment? Are they referring to them or the council? I called today with transportation to remove your goods. I shall be calling back in the next 2 working days with the police in attendance if necessary to compete my task. Can they do that? With the letter was a sepearate sheet with my partners car included as part of the goods.My partner is 8 months pregnant. Im going to pay what I can tommorow. Do I pay them or the council? Many thanks in advance
  14. Hi ,Have had two visits from the bailiff thus far with no contact just had the notification of bailiff visit letter ,one with £18 fee the other £24.50. Have phoned the council to say i am happy to pay the arrears at £100 a month plus £25 weekly ,they refused and told me deal with bailiffs as they are dealing with it now to which i added i have no intention of dealing with them and would only deal directly with the council after which i said i would be setting up standing orders anyway as the debt needs to payed. I'm hoping somebody can clarify for me wether a warrant can cover 2 periods of council tax as there was an element of 2012 unpaid and the rest is the whole of this year, so long as i don't let the bailiff in he can claim no further charges and if they return the debt to the council will i be told of any further court hearings. Have read as much information as i can on this and just want to check i'm correct in my thinking any advice will be gratefully recieved Thanks
  15. Hello my sister has recently broke up with her partner of several years and left her with a lot of unpaid council tax debt. So my sister has paid two separate payments to the bailiffs of £200 (because the council said she has to deal with the bailiffs?) The bailiff has been at the door and said he could return within 48 hours to seize goods for public auction. My sister is a single mother with ME on incapacity benefit, so cannot pay too much I paid the second payment of £200 for her. My main concern is that the bailiffs stop showing up because it's quite threatening! There are various amounts of money that is really hard to keep track of, and charges are being added all the time, so I don't know what to pay! The bailiffs are called Rundles and I need help urgently!
  16. I initially fell in arrears with my Council tax after they had failed to provide standing order forms. I went on to make a late payment, which was immediately followed by a summons letter. After receiving the summons letter I contacted the council and was advised not to attend court as I was on job seekers allowance and that they wouldn't arrange or set up any arrangement before the court date. They didn't mention that they would be pursuing the debt and obtain a liability order. Upon receiving the liability order following the court hearing which they advised me not to attend, I contacted the council again asking them why they had not made it clear to me that they were still pursuing legal actionand why I had been advised not to attend court. They responded by saying that attending court would not have made any difference. Just to get things moving the council was clearly in power despite my concerns and they went on to tell me that they were to set up payment deductions with DWP from my jobseekers allowance.I did have some income request forms that they had sent along the liability order and asked if I had to complete the form and they advised me to disregard the forms as they were to set up the payments themselves.After this I was very positive and convinced things were moving forward. The council went on to sent me another income request form again which I disregarded presuming that the payments would be automated. Shortly afterwards the council passed the debt to bailiffs. I contacted the council to ask them why they had passed the debt to bailiffs after they had advised me that the payments would be automated from DWP. They then at the time told me that they had received the back as I was no longer on jobseekers I did ask the council why they had not written or contacted me to let me know that the payment had not been successfully set up. They responded by saying that I should have responded to the income and expenditure which I had disregarded following the advise that the payments were to be automated.The council then told me that I should respond to all the letters irregardless without presumptions of what had previously happenned and that I should have reported changing in circumstances although I was still getting a weekly allowance and nowhere had they mentioned before that I had to report. (Furthermore I was still receiving a weekly allowance from the DWP and without any other income). I was distressed by the council was adamant and they admitted no wrong doing and advised that they would still be pursuing the debt with Bailiffs whom they advised to get in touch with. I got tired off it and a few weeks later the Bailiffs came demanding a payment of £514 for a debt of £289 and advising that they will be returning to seize vehicles or goods in the next few days. I got in touch with the council again and launched a formal complaint- over the phone but they were more dismissive, intimidating, exercising power and worse more not listening. Requested the complain to be upraised and contacted by someone from the recovery department who went on to hang on the phone down for me and ask me to deal with the bailiffs. I wrote a formal complaint to the council following this but received a reply that they had done nothing wrong and that I still had to deal with the bailiffs. I went on to make an online payment of the full balance to the Council directly and not bailiffs. Finally the bailiffs turned up demanding payment and clamped down a car which I do not own. I am the registered keeper. They asked for insurance document for proof and said this was more than adequate to prove that I was the registered keeper. I have a V5 document but the bailiffs told me that they would start charging for the time, so I made a payment. Had a child who was there and very distressed and didn't want to cause any further distress and inconvenience of taking her to school without a car. They had already put clamped it and worse more not being an owner of the car would have caused further conflict with the owner. I have now spend all the money I had with me and have nothing left over to survive. Any advice?
  17. We have a default judgement against a former employer but aren't confident of seeing the money. Because of who it is we have bank details which means we could choose a TPDO. I have no idea which one is the better option though I am drawn to the TPDO because the defendant isn't given any warning. According to what I've read bailiffs often inform the defendant that they are going to visit. I'd really value opinions.
  18. Afternoon, wonder if you knowledgeable people could help me, I received a hand delivered letter today through my door from Equita bailiffs. I owe a large amount of council tax I had an arrangement for a default on a previous year with them last year and was making payments until my son was admitted to hospital for 3/4 of last year. It is now just starting to affect me,,, antidepressants and sleeping tablets. I tell you this in case anyone wants to know why I didn't keep to the payment arrangement. I also defaulted on last years CT bill so now owe a substantial amount - over £1000 I have a car that is on HP with Moneybarn, I've had it for 10 months. I have read bits and pieces on here and on the web that bailiffs can't take a car on HP but am well aware of their underhanded tactics at times. I know I need to get a copy of my HP agreement to Equita and copy Birmingham city council in on it too but I need some guidance on what my letter should say. Also can the bailiffs take my car and do a deal with Moneybarn regardless. I am pretty sure Equita will demand the full amount which I have absolutely no way of paying, does anyone know how I can go about getting them to accept another arrangement or even getting the council to take the debt back and let me pay them direct. I have even thought about asking the council to make an attachment of earnings order. Sorry for the long windedness - one very stressed out mum and I know many others are feeling the same as me too Thanking you in advance.
  19. Hi, me and my wife are having major problems with the local council and they relate to parking fines from last year. Last April we had a knock on the door from a Bailiff from Rundles & Co, he looking for my eldest lad who doesn't live at home, I told him this but he wouldn't accept this and in the end I asked him to leave my property and not to return or he would be arrested for trespass, he said he wasn't going so I called the police, he then left. I contacted my Eldest lad who contacted the Local council and got a sum total for all the fines and late payments that needed to be cleared and the day after the visit from the Bailiffs the total was paid by my wife and we have a receipt to prove. 3 months down the line and I received a fine at my address in my sons name for a car that had never been registered at my address, I contacted the local council once again and all I got was that they get all their info from the DVLA and that's where the car is registered, I then contacted the DVLA in writing and a week later I got confirmation that the vehicle had never been registered at my address. I sent this proof of to the parking dept and heard nothing, not even an apology although I did ask where they got their information from because it was obviously not the DVLA. Fast forward to 5 feb this year and another Rundle bailiff turns up at my address looking for my Eldest lad, that hasn't lived at home for well over a year and has had no cars registered at my address since the trouble last april, he is not even down on the electoral roll. They are now chasing him for fines from last year ( fines that were cleared / full and final settlement ). The problem is They keep turning up at my address and its causing quite a bit of distress, Apparently the only way I can prove he doesn't live here according to the parking department is to tell them where he is living, even if I knew this I wouldn't tell them. I did put a complaint in to the parking department via the local town hall but all I got back was a letter saying that no such sum of money had been paid last year (even though I have the receipt) and that mine and my wifes attitude and behaviour towards the Bailiff and Rundles had been far from exemplary. ..wtf a trumped up little public servant trying to tell me how to behave on my own property. I need to take this further but really need to stop the harassment, where do I go from here? Thanks.
  20. hello yesterday a bailiff visited my home because of unpaid council tax fees, i agreed that i would pay what i owed but needed to go to the bank to get the money. The bailiff stayed in my living room and while i was out wrote a list of my furniture ect. when i returned and paid him he gave me a breakdown of the fees and on it i noticed he charged for a levy fee he said it was a % of what was owed but would not answer me with a direct answer when i asked why they added a %. I have looked up what a levy fee is today and it says that it was a list of good. surly if i was going to the bank to pay what i owed he did not have to write a list of goods to be seized and therefore i do not owe a levy fee. does anyone know if this is true.
  21. Hello, I've stupidly fell behind on a few Council Tax bills and owe in the region of £1,400. I never received an LO however have been informed that a Liability Order has been made against me (the council told me this over the phone but won't send me any information on it). Had a first letter through the door yesterday from Ross and Roberts Bailiffs. After reading this forum I understand some of my rights and am a little calmer (still my mind is exploding with images of being left with nothing but squalor and sadness!). I know I don't have to let them in, however I do want to arrange a payment plan with them. I have a few questions :- 1) Who should I arrange the plan with? I've tried calling the council and they won't deal with the debt at all. 2) I'll be sending Ross and Roberts a letter and depending on part 1, I'll send them some money via their online payment system to make sure they understand I want to pay the debt back (and not use something like refusal to pay against me). What can I do if they reject my plan? I was thinking of paying in the region of £65.00 a month for 24 months as that's genuinely all I can afford. 3) Is there any way I can get the council to take the debt back? Thanks for any advice, just reading through this forum has saved my mind from exploding.
  22. Hi can anyone help friend had a bailiff call this morning , we couldn't find him on register. phoned bailiff company and demanded that they imform me of where he got his certificate and when, ! phone the court that issued it and at first she couldnt find him after she phoned me back the second time she found him but he is not registered as working for this company just as self employed I know there was something I read about this saying the bailiff must inform the ccourt if cirumstances change is this true ? If anyone could clarify this I would be grateful Thanks
  23. First thing I'd like to be clear on is that this post is about a friend and not myself, meaning I can't necessarily answer questions or provide documentation. The facts I know are these.. A distress warrant has been issued by a magistrate (TV licence and insurance fines I believe, although in part disputed). The bailiff in question is Marstons. My friend is full time carer for a disabled partner and has three kids, two under 12, his only income is carers allowance. I know his partner gets some DLA but nothing about other finances. The debt total is some £1200, of which £300 is apparently fees - possibly added by the bailiff. CAB haven't been helpful apparently, merely confirming the bailiff can break in. The bailiff is apparently saying that if a payment of £200 - £300 is made he can refer it back to the court to set up a payment plan. The last point concerns me most, quite frankly I don't believe it. Can anyone offer help, advice or would be willing to direct me to somebody more helpful than CAB? As my friend is at the end of his tether and I'm 200 miles away and disabled myself its not easy to advise him because this really isn't my field. It is, however, quite desperate. Thanks in advance for any help
  24. Hi - wonder if anyone can give some guidance for me to pass on. My friend has been paying £120 per month online to a Bailiff who had an Order for non payment of Council Tax passed to them. Their visits had been going on for a couple of years. In February 2013 a bailiff revisited, claiming no payments had been made. Proof was given to him and he went away to sort it -- however he charged £160 appx for this visit. He telephoned advising that her previous Council Tax account with them was showing as being in credit in error. After this my friend telephoned the bailiffs several times, asking for a statement of her debt and all payments she had made etc - this action was repeated 4 times and no information was ever forthcoming from them. In October 2013 a bailiff visited again with the intention of taking goods away there and then. My friend by now very distressed phoned myself and I attended. I knew my friend had been making the payments religiously each month, so I asked the Bailiff for 24 hours for me to check and provide proof. He advised he was already charging £205 for that visit and that if he had to come back he would charge a further fee. He also said if the debt was not paid he would remove goods there and then. I paid him nearly £1600 to buy my friend some time which cleared the debt including his charges that day. According to her records excluding the charge levied in February she only owed appx £155 still. The next day I wrote a letter of complaint about his behaviour, the company in general and the fact that appx £1500 had now been overpaid to them, and I provided them with details of the online transaction receipts. Incidentally for this payment and all the online payments surcharges were added because of paying online or by debit card. A letter was received back acknowledging the complaint, and advising it would be dealt with within 10 days, and we would be notified within 14 days. The 14 days has come and gone, and an email asking for urgent attention has now been sent. Along with a request to acknowledge receipt of the email. The silence from the Bailiffs is deafening. What should my friend do next ?
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