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There is a press report on SCOOP today regarding the much publicised recent eviction that took place at a quaint cottage in Glossop belonging to a maths teacher. The following is taken from the newspaper article: This is the moment bailiffs smashed their way into a teacher's quaint home to evict her after an alleged row over roof stones. Footage has emerged online of enforcement officers hacking at the door of Rekha Patel's home in Glossop as they try to gain entry. http://www.scoop.it/t/lacef-news http://www.mirror.co.uk/news/uk-news/moment-bailiffs-smashed-maths-teachers-8240906 PS: As is frequently the case, the press article failed to provide the 'background' information !! -
Hello, I hope somebody is able to point me in the right direction here. I've read some of the stickies but still a bit confused. I have a small flat in Canterbury that I have been desperately trying to sell for a while as it has a bridging loan against it and is too small for me and family to live in. The flat has now been repossessed by the lender. The flat has built up a certain amount of council tax debt for the current and previous years - I don't know exactly how long, I've paid some when I've had the money but most of the time I haven't had the money, and have been so stressed with unemployment and redundancy that I haven't always kept to payment agreements. The total debt is around £2800 plus bailiff fees. I have given more detail on the flat purchase etc on the forum for legal help and then moved it to help with landlord/freeholder problems. Anyway, the council chased me for payment in the summer and sent me a bill for 150% council tax for this year as the flat was empty which takes it up to around £150 a month give or take. I appealed this over the phone and nothing happened. They chased and threatened to pass to bailiff company. I wrote to them a very detailed email etc giving all details of income and expenditure and information about how I had been trying to sell the flat forever, but somehow I managed to send it to an incorrect email address. I thought I had sorted it later when I got a letter saying Rundles were now enforcing the debt and I contacted the council again explaining the error. They rejected by appeal about the 150% and said i was to contact them about payment. I don't think I contacted them quickly enough as I received another letter saying Rundles would get the debt (this was from Rundles). I then contacted the council - in floods of tears as I just cannot cope with this anymore. There is so much sh*t going on in my life with personal stuff and work and I think I'm about to lose my job. I am at the point of giving up now. I've got to this point before but keep going for the sake of my family. But I just want to pack a bag and walk off into the sunset. Anyway, the result of this last phone call on 13 Nov was that they council said they would accept £50 a month from me until the flat was sold. I was happy with this outcome and was to make the first payment on 26 Nov when I got paid. I did this. They were to send me a direct debit mandate but I haven't received it. On 3 Dec a bailiff from Rundles knocked on my door - a Mr xxxx. He was horrible! genuinely horrible! He won't listen to anything I have said and said I didn't have any arrangement with the council as the debt was with them etc. He said he would be back to take goods. I live in a four bed rented house. The tenancy agreement is in my name and my daughter's name. She has two babies. We rent out a spare bedroom to friends. I have only one room in the house that has my stuff in it. I have nothing. Absolutely nothing that is of any value. I was looking around the other day and I swear I cannot lay my hands on anything of value to pay this debt. It concerns me that the bailiff will try and take goods belonging to other people. All the furniture, TV, etc belongs to my daughter and which she has collected over the last ten years. There is nothing new and flashy in the house. I spoke to the council after this guy's visit and it turns out that the guy who made the agreement for £50 a month with me had got it wrong and should not have done this plus they were using a new system which had only just been installed a week or so and the agreement was not on there although all the notes of the conversation were. The second guy i spoke to said I should write to the council and appeal, and make a promise that the debt would be paid by end March. On the basis the flat will be sold by then, and also on the basis I will get something from the sale. This bailiff will be back today probably. I don't know what to do. I am at my wit's end and in heart attack territory now. I am so sick of all this, and getting chest pains, can't stop crying. I am going to lose my job as well so will probably get evicted. Life is so awful. Any advice please. -
Partly due to ill health initially I have a series of unpaid council tax demands which are in the hands of a company that uses bailiffs. I am now well and I have family help to get back on my feet, The bailiffs have never been allowed into my property and I have not allowed myself to be intimidated by them by false verbal or written threats. They have NEVER been allowed access! As this is not my own money I would appreciate some help and guidance so that I get this right. We consider the bailiffs to be unscrupulous people who use deceptive tactics that prey on the ignorant, vulnerable and less able in society and as a result have no desire to reward them for their bullying. My intention is to pay the council directly. I haven't calculated the exact amount but it is several thousand pounds. I have no faith or trust in the scoundrels who have harassed me and all I can currently put my hands on in documentation is a series of letters sent in one envelope all with the same vain threats and differing amounts of money. I need to verify the details. I would appreciate guidance and confirmation of the sense of my plan of action. Firstly I would contact the council expressing my wish to deal with the debt, without at this stage offering to pay it all. I would ask what I owe and for details of the debts, dates etc. I can't be explicit about paying it all because until I am given the money I don't have it and I don't want to give the impression that I have spare money when I do not. I would then just pay the money. I would appreciate guidance on how this should be done. Could the payment come from my benefactor's account, as a cheque for example? Are there any fees to the bailiff company that are unavoidable? Can I avoid rewarding them directly by just paying the council? -
Hi, Just had a friend of mine on the phone in tears as a Bailiff has been to her address regarding Council Tax arrears. She did let them in her house, and they are saying they will be back tomorrow to remove items unless £250 is paid today. Her partner left her early this year with 2 children and she looks after her other child part time which receives DLA, she claims Housing and Council Tax benefits. This seems to be from last year. She had made an arrangement with the council to pay her arrears and was doing at £20 per month, but in the upheaval missed a couple of months. There are very few items of value in house, and she no longer has a car. Any advice on how to proceed who be very helpful. Thanks JJ -
Hi, I was visited today by two bailiffs form the company Court Enforcement Services Limited pertaining to the payment of a business electricity bill. I had not received a letter or other warning of the visit which was to my home address and not the business address. My residential address is used as the registered office of the business, hence their knowledge of it, however it is not my property (it is jointly owned by three family members.) I was upstairs at home when the bailiffs entered via the unlocked back door (I believe this is their right?) They told me that they would be taking £3367.58 (they didn't give this exact figure initially) worth of goods or money for enforcement of a High Court writ for the electricity debt of £2300. During our interaction the bailiffs referred to themselves as "The Court Enforcement Service" which I think is deceitful and an attempt to portray themselves as officers of the law rather than employees of a limited company, which is apparent form the documentation they gave me before they left. I asked for some documentation pertaining the the Order or Writ that they were carrying out and was shown an illegible document on the screen of a phone which was heavily cracked. They had no other paperwork to offer. They asked me (more than once) if I was refusing to pay the bill. This is not the case and I had previously spoken to a representative of my electricity provider in person regarding the debt and did not know that the utility company had applied for a court order. (I have the funds to pay the £2300 to the utility company directly and acknowledge that this is what my company legitimately owes). I told the bailiffs that there was money in the safe a the business premises (which there is) about 10 miles away, but I could not get hold of my business partner to ask him to access it as his personal phone wasn't answering and the business was shut at the time. I was told that this was irrelevant and that they (the bailiffs) would travel to the business premises and break the door down in my absence to take goods to the value of £3300 if I didn't pay up. In the end I paid their demand via direct debit as I did not want people breaking into my business premise and was issued a receipt which is how I found out I was dealing with Court Enforcement Services Limited and not "The Court Enforcement Service" (LOL). After the two gentlemen left I consulted the CAB website as to the fees which bailiffs may charge. From the CAB site it seems that the maximum they could levy is around £360 (which I would dispute anyway as I have not reneged on payment in the first place and was unaware of their impending visit). However they have extracted a fee of £1000 which I only acquiesced to under the threat of a break in at my business. I am considering having my bank cancel this payment. If anyone can advise on theese issues it would be much appreciated. Thanks. -
Hello guys I had a visit from the bailiff last week for council tax arrears they walked into my property and up the stairs before I got to my living room door as I live in upstairs flat so too late they were in we're ready with a list of what they were taking these 2 bailiffs were looking in my drawers and cupboards is this allowed ??? I managed to borrow the 2,600 pound from my mother but was very distressing to say the least . But it doesnt end there I'm afraid I've had another letter from rossendales for another 700 pound for a different yr council tax . I have been to the council to ask to take the debt back but they said no . Since 2008 I have lived on my own and never claimed the 25% reduction of which I now have put a claim in today was told this can be backdated a few years which will probably bring my bill down quite a bit I have had an expenditure letter from rossendales am I best filling it in and sending it off to them as I do not want to go through that sinario again I do work 30 hrs a week and live alone . .any help from you guys will be totally appreciated ... Many thanks -
Good afternoon everyone, Currently I have Rundles bailiffs harrassing me for payment of a fine from a council. The offence was a Bus lane violation. To try and be concise, I owned a car and it broke down and wouldn't run correctly. I took it off the road and did not repair it. The tax ran out so I declared it SORN. The insurance then finished on02/09/2014 I sold the car off the driveway to a chap on 30/06/2015 I was concerned that he was driving it away(albeit slowly) without tax etc... and warned him it was his risk and gave him a receipt for the sale. Witnesses were there to see me sell him the car. On 11/10/2015 he, or whoever had the car committed a bus lane violation in the next council area. I had moved houses in the meantime and did not get any letters from the council alerting me. I posted off the V5 as demanded, but perhaps he hadn't sent off his part? Fortunately I had scanned the V5 document before sending it off! It appears the car was still registered to me at the time of the offence, despite me sending off the V5. Rundles bailiffs have been chasing. I found the scan of the V5 and sent it to them, they have demanded other "proof" Today I have had a long but ultimately successful phonecall to my insurers at the time, adn they have confirmed that the insurance ceased in September 2014 "Cessation of insurance" is one of the "Proofs" Rundles seem to require. My insurance company have just sent me a PDF electronically of the cessation of insurance, and confirmation of my no-claims at that point. Should I send this on to Rundles? I have already sent them the scan. They have also asked for "proof" I sold the car saying the V5 isn't good enough. I have searched for the simple receipt of sale I wrote out 2 copies of, one for me and one for the buyer, but have not yet found it. I don't keep everything! I do have witnesses to the sale though, who clearly remember the car being sold. How far do I have to go to jump through Rundles hoops? I appreciate they are a business, and have a job to do, and that an offence was committed, but I don't like their bully-boy approach. Any suggestions as to how I should proceed? Many thanks in advance, this forum has always been exceedingly helpful! -
In May 2015, I started a thread on this forum regarding a debtor (Mr OR) who had followed advice from the internet and had issued an injunction against a local authority after his vehicle had been clamped by a bailiff. The debtor considered that his vehicle should have been exempt as it was subject to finance. Unfortunately, his injunction failed as the Judge ruled that there could be a ‘beneficial’ interest in the vehicle. Mr OR was ordered to pay the local authorities costs of £3,200. This was in addition to his own costs (the fee for the injunction alone was £395). A link to this popular thread is below. So far, it has received almost 13,000 views. http://www.consumeractiongroup.co.uk/forum/showthread.php?445251-Goods-on-HP-a-Judge-says-they-can-be-sold(1-Viewing )-nbsp In Sept 2015, I started a similar thread on here to warn members of the public that if they have a vehicle that is subject to finance, they need to ensure that they provide evidence that there is no ‘beneficial interest' in the vehicle. Even that thread has received almost 6,500 views !! http://www.consumeractiongroup.co.uk/forum/showthread.php?451273-Vehicles-on-HP-can-be-sold-by-a-bailiff.-Evidence-must-be-provided-that-there-is-no-beneficial-interest. Unfortunately, a couple of months ago, another debtor (Mr MH) also issued an injunction to prevent an enforcement company selling his vehicle (a mini cab). This vehicle was also subject to ‘hire purchase’. The difference with this case, was that the ‘value’ of the vehicle was approx £14,500, and the amount required to settle the obligation under the hire purchase contract was just £6,300 (leaving an ‘equitable interest’ of approx £8,200). The debtor lost his case in court on 16th August. He was also ordered to pay the local authorities legal costs of £3,400. He was refused permission to appeal. Neither the debtor or his legal representative have made an application to appeal and accordingly, given the importance of this subject, the enforcement company have given me permission to provide an outline of the case in the hope that it may help other debtors to avoid making the same mistake. PS: I will not be giving the name of the debtor, the local authority or the enforcement company. The facts of the case are all that is important.
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Hi all, Today a bailiff turned up at our property over a parking fine issued to a car we had sold a few years ago. The car was sold to an independent trader who assured us the V5 documents he would send to the DVLA. It appears this was not the case and we received a parking fine from a different borough council. We advised them the car was no longer in our possession. now the Bailiff has been and is due to come back one day this week. The debt is £393 and as I am currently in receipt of benefits after losing a job before xmas have no means of paying this in full which I am told is the only way to stop them from taking property. Can anyone advise anything we can do to prevent this from happening?? Thanks in advance. -
Wonder if BiliffCos and DCA;s will suffer on this one? EU GDPR on data processing regs might make it difficult where a debt and associated data is being passed around freely, also implications for Credit Reference Agencies, and Marketing companies as Data Subject must give explicit consent for the data processing From the article link below: http://www.idgconnect.com/abstract/24102/from-insular-us-firms-spammy-marketers-who-gdpr-hit-hardest ‘Privacy by design’, ‘access rights’ and ‘breach notification’ “One of the changes due to be implemented in GDPR is the explicit recognition of the concepts of ‘privacy by design’ or ‘privacy by default’. Businesses will now find themselves subject to a specific obligation to consider data privacy at the initial design stages of a project as well as throughout the lifecycle of the relevant data processing. Overlay the current privacy requirements in individual countries and you have a whole new box of worms. “Under GDPR individuals will have the right to obtain confirmation that their data is being processed and have access to their data. GDPR clarifies that the reason for allowing individuals to access their personal data is so that they can verify the lawfulness of processing. This in itself will pose huge challenges for organisations with the whole process of giving access to data subject and providing proof of legitimate processing. “This will incur the highest fines stipulated in any legislation. Organisations are notoriously bad at detecting breaches and the average, only 20%, are detected by organisations themselves, the rest are notified by third parties.” Rashmi Knowles, Chief Security Architect EMEA at RSA -
Hi Everyone Im hoping for some help on this please. I took out finance december 2015 on a vehicle, immediately fell into difficulties in January and had the car repossessed. I was in complete communication with the finance company, met the transporter to recover the car and kept talking with them throughout. They explained that there may be a shortfall from the resale of the vehicle which i appreciated I heard nothing for a month or so, but expecting there to be some shortfall emailed the company to find out what happened next . I then had a letter sent to my address from their solicitors saying a CCJ had been registered and that I had to reply to the CCJ that would be sent. Next thing I received was a CCJ had been awarded to the claimant asking for £392 a month to cover the balance of almost £8k - when only £9k was borrowed, the car was returned in immaculate condition and was resold almost immediately for over £8k (internet search showed this) I found out that despite having my correct address, the ccj was sent to my previous address. Where do i stand in having to pay back almost 90% of the finance despite no longer having the vehicle? And where do i stand that I have never had the oppurtunity to represent myself in court to explain that the vehicle was returned due to the fact that the finance company explained the shortfall would only be small and manageable? Thanks in advance -
In March 2015 I was taken to the local magistrates court for certain council tax bills (briefly, I told the local council where I was living and they refused to update their records [the house was subject to a compulsory purchase order and the council wanted to pretend that the house was unoccupied] until I took them to a tribunal. They then updated their records and billed me for 5 years of council tax). The magistrate refused to grant a liability order for this old disputed council tax. I have paid recent council tax bills and I have a considerable amount of proof that I have done this (I even wrote on cheques what I was paying - where appropriate the cheques state it was full and final payment for the relevant year). The council has reallocated recent payments against the old disputed council tax and, after several adjournments, obtained liability orders for £5k of more recent, undisputed council tax bills in January 2016. I have stated that I have now paid these bills once and I have sent evidence of this to the council and their bailiffs. When I get a response it is that their records show a balance outstanding which they would like paid. The bailiffs are now "preparing papers" for an enforcement visit. I wont let them in but I am worried that they might take my car which I park on the street. This is a saga that, together with the compulsory purchase order, has dragged on for a decade. I would love to put it all behind me and get on with my life. I've done a Local Government Ombudsman Complaint and written to my MP & local Councillor without making progress. Any thoughts would be welcome. -
Over the past five years or so I have made frequent threads on the forum concerning complaints that were made to the court about bailiffs (Form 4 Complaints) and the many times that courts did not find the bailiff at fault and ordered that the person MAKING THE COMPLAINT must pay the bailiffs legal costs in challenging the complaint against him. The worst case that I reported about concerned a debtor who had been ordered to pay over £20,000 !!!! In April 2014 when new bailiff regulations took effect, a new complaint procedure was implemented and 'Form 4' complaint forms were done away with and a new form (EAC2) was introduced. Crucially, the new regulations specifically state that the court can make a finding that the person making the complaint can be ordered to pay the bailiffs costs. During October I received enquiries from THREE individuals who had been ordered to pay costs. In the worst case, a lady was ordered to pay £3,000. Another lady was ordered to pay £1,500 and a gentleman ordered to pay £900. Worryingly, in two of the enquiries, the individuals had submitted an EAC2 Complaint to the County Court where the bailiff was certificated on the very SAME DAY as the bailiff visit. It simply beggars belief that anyone would do this without first making a complaint to the enforcement company or creditor (usually the local authority). Worst still, in one of the cases (the lady who was ordered to pay £3,000), she was a SOLICITOR !!! In EACH case, the person making the complaint had not known that the PURPOSE of the complaint was to seek the Judges agreement that the bailiff was not a 'fit and proper' person to hold a bailiff certificate. If anyone considers that a bailiff has done something wrong, then the FIRST step should be to make a complaint to the company that he works for. If their reply is not satisfactory, then a further complaint can be made to the local authority etc If a bailiff has a complaint made against him to the County Court, he will know that the Judge has to consider whether or not to remove his certificate from him. If so, this will lead to his immediate unemployment. It is for this reason that the bailiff will ALWAYS have legal representation and if the court do not find fault, they can....and do.....order the complainant to pay these costs.
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The following is a short extract from a press release that featured on SCOOP yesterday regarding the trial of a debtor (Danny Williamson) who threatened bailiffs with knives and an imitation gun when they attended his property seeking payment of £1,100 for a fine relating to alleged traffic offences. From the report, it would seem that the debtor had claimed that he had not known of the debt. Bailiffs stated that they would be taking control of his vehicle. He was finally arrested at gunpoint by armed police. Judge Ian Graham handed Mr Williamson a 12 month prison sentence at Basildon Crown Court yesterday suspended for 18 months, and ordered him to pay £520 in court costs. Further details can be read here: http://www.basildonstandard.co.uk/news/14875264.Grandad_grabs_a_fake_gun_to_scare_away_two_bailiffs/ http://www.scoop.it/t/lacef-news
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A very popular enquiry that appears on the forum concerns bailiff enforcement for arrears of council tax in relation to a previous property and where notification of the arrears is only known when a bailiff visits the individuals new address. In the first instance, the vast majority of people pay their yearly council tax by direct debit. When a person moves from an address, there are usual steps that will be undertaken by the homeowner. Taking a reading of the gas or electricity meters is one such obvious step. Another obvious step should be to inform the local authority of the moving out date. The council will then adjust the yearly council tax bill. The council will request a new address so that a final bill can be sent. The individual should not cancel their previous direct debit without first contacting the council. If they do so, and there are council tax arrears, the council may issue a summons and the regulations (in this case, Regulation 35.2© of the Council Tax (Administration and Enforcement) Regulations 1992) are very clear, in that the summons is deemed served if sent by post to the individuals usual or last known place of abode. If a Liability Order is granted for the arrears, it can be passed to a firm of bailiffs to enforce. Before a personal visit is made, the enforcement company must send a Notice of Enforcement. Once again, the regulations (in this case, Regulations 8 of the Taking Control of Goods Regulations 2013) are very clear in that the Notice of Enforcement is deemed served if it is posted to the address where the individual usually lives. If the individual moves from his previous address and fails to contact the council to settle his council tax bill and provide a new address, then naturally the Notice of Enforcement will be sent to 'the last known place of abode' (i.e. the previous address). If a subsequent complaint is made to the Local Government Ombudsman, it will usually be the case that they will not will find fault with the local authority. The following are two recent decisions from the Ombudsman on this very subject:
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Hi all, I'm hoping someone with knowledge can help. UH are applying for a warrant to enter and fit a prepayment meter. The amount I owe is 349.65. This includes £200 security deposit. Ive got a bit behind but will be able to pay the actual 149.65 I owe next week. They are saying they wont accept that and will pursue the applucation on the basis that I still owe them 200.00. Can they do this? They were the supplier when i moved in and i told them I'd be happy to pay by dd but they wouldn't accept. Legally, is this 200 even a debt?? Thank you! -
I'm assuming there is a precedent to this. I have a debt to the Council for back Council Tax which I have been paying back as and when I can afford it. Today Bristow and Sutor sent an enforcement agent (who told them he was a bailiff) while I was out and luckily they did not let him in. Nothing, apart from a few items such as my bed and an old stereo which is worth pretty much nothing, on these premises belongs to me as I am just a lodger here and the room is furnished by the landlords. I have never denied that I owe something but the amount is in dispute I have told B&S this previously but they have ignored all my letters. The bloke cleared off when it became clear he wasn't being allowed in but I suspect he will be back. Apparently he was eyeing up their car and I would obviously hate for them to become involved when it is nothing of their doing. Do these people have any claim to anything on the premises and where do we stand if they return in the future? I have spoken to the Council but they say it's out of their hands now although I suspect they could do something about it if they wanted to. Thanks in advance for any help and advice -
Given the seriousness of this thread, it really does need to get wide coverage. Accordingly, I would hope that the moderators allow it to remain on this section of the forum. Sadly, this is not the first time that I have taken issue with documentation from DCBL. There is a long thread on here regarding this firm and their letters regarding private parking debts (more later). This firm are also behind the TV series....Can't Pay...We Will Take it Away. Yesterday, I was contacted by a gentleman who had received a letter from DCBL the previous day. The letter was received by post and was on headed notepaper from DCBL and clearly stated at the top of the letter (beside the word DCBL) the words: Certificated Bailiffs and High Court Enforcement Officers. The letter referred to a 'debt' in excess of £10,000. Interest of 8% (since May 2016) had also been added. The letter stated the following: Unless we receive immediate proposals from you regarding the repayment of this debt, the recovery process will commence 7 days from the date of this letter. We may also make arrangements for a representative to call upon you to open up lines of communication. The person receiving the letter knew about the 'debt' and knew that it was heavily disputed. More importantly, he was adamant that court proceedings had not been undertaken against him and that a judgment had not been obtained. He intended writing to DCBL. Before being able to, he had a visit at his home from a High Court Enforcement Agent from DCBL. It is fair and accurate to state that an argument broke out. The 'debtor' called the police. Astonishingly, the police refused to attend stating that they were satisfied that DCBL had authority to attend his premises to enforce the debt. The High Court Enforcement Agent from DCBL refused to leave the premises unless he received payment. Under duress, the debtor borrowed a sum of £2,000. DCBL yesterday confirmed the following: That the debt had not been subject to court action. That a judgment had not been obtained by the creditor. That they were enforcing a 'pre judgment' debt. That the 'High Court Enforcement Officer' was attending as a 'Debt Collector' Members of the public receiving letters such as these will no doubt be hoodwinked into believing that the debt was legally due and that a court order exists. They would be wrong.
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I was issued with 2 PCN's thats i appealed through the TEC. The TEC replied stating that the files were to big although they were the forms i was required to complete, they were due to look into this and i heard no more. So i contacted the council as i had heard nothing for months. The lady at the council told me i cant make a payment as its with bailiffs, i asked when it was sent and she refused to tell me, refused to give me a reference number or telephone number or when they will be in touch. 2 weeks has passed i cant pay online as it says it wont let me ive had no letters from any bailiffs. Ive just sent a complaint to the council asking to know the precise dates and times they were sent to the bailiffs. I told the lady on the phone im vulnerable, i am a single parent to a small child and fled DV my house is heavily alarmed and police have me on a high alert for priority assistance. the lady on phone 2 weeks ago wasnt interested. I have the money to pay the 2 PCN's as they are. Is there anymore i can do or am i on a ticking time bomb waiting? if the bailiffs add their fees theres not enough money to cover these. does anyone have any advice where i can go from here? Thanks
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Hello All I'm currently at work and so I have no real time to look through the sticky threads on here. I owe Council tax to the sum of £1200. I am currently applying for a DRO and have received the barcoded application, but I know that it will still take some time to be considered etc. I have sent Bristow and Sutor my budget, prepared by CAB and also a copy of the DRO application. It was calculated that I could afford £10 per week and so I have been paying this by Standing Order to Bristow and Sutor. They keep refusing my offer I literally cannot afford any more at this time. Surely they can see that I have taken it very seriously having to go through the DRO route and that I am paying what I can afford. They have now set up a payment arrangement of £53 per week which I just cannot do. Firstly, is there anything else I can do to stop them? I have been in touch with the Council, but they want to leave it to Bristow and Sutor. Secondly, I received a notice to take control of goods. How do I stop all this? People are saying just don't answer the door, but can they force entry? Can they just come and take stuff? -
Hi Hope someone can help with my query. Some weeks back I received 2 notices of enforcement via post re Council tax liabilities sent from a bailiff. However, I disagreed with the figures as they did not correspond with an email I had been sent by the Council earlier in the year. I decided to respond by emailing the council 2 weeks ago to dispute both bills saying that I was disputing the sums owed and that I wanted them to take back the debts as I would not deal with the bailiff. I wanted to deal with the Council directly. Today, via email, I received notification from the bailiff that they would be sending someone to my property with the Intention of Taking Control of my Goods. The only people who could have informed the bailiff of my email address was the Council. I consider this intrusion via social media to be harassment considering the council have failed to acknowledge my email and given the bailiff my email address. Can I report this episode to the police, and given that I have some health problems, be considered vulnerable (I have the proof to back up my claim). I consider it a gross intrusion to contact someone via email and, given that I have made an effort to sort this out, someone is not listening. Any advice on next steps appreciated. Whilst writing, what are the true costs of Liability Orders? Many thanks. -
I have tenants that have refused to leave the property even after a court order has expired. They are playing the game to get a council house and wont leave my house until the bailiffs turn up to evict them. Since they are both working they should not get a council house and their drama is causing me so much expense and stress. I have to hire Bailiffs by Monday but I dont know which ones to choose. I still have to go back to court and pay more fees and am so sick of it. Does anyone know of a good bailiff company to hire for the Birmingham area? -
There continues to be confusion about the charging of 'multiple fees' by bailiffs when enforcing more than one warrant (or Liability Order) at the same time. This confusion has lead CIVEA (Civil Enforcement Association) to seek legal opinion on the subject and as a result, they have issued the following Guidance to all their members. CIVEA Guidance Notes are designed to address issues which have arisen on the proper interpretation and implementation on a particular part of the regulations (in this case, 'multiple charging'). PS: CIVEA represent the interests of all private certificated enforcement agents in England and Wales. http://www.civea.co.uk/editorimages/Multiple%20Instructions.pdf
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When it comes to bailiff enforcement, it is very rare indeed for a bailiff to seize goods within a property. In fact, household items are taken in less than 0.1% of cases. By far the most popular item to seize is a motor vehicle. Typically, a vehicle would raise significantly more than 'household' goods and more importantly, a vehicle would normally be easy to locate (either on the debtors driveway or outside of the property) making seizure and removal a lot simpler. If a vehicle has been taken, and the debtor considers that the vehicle should be 'exempt' (for instance, the vehicle may be subject to finance or the debtor considers that it is 'necessary' for self employment etc), then the solution is to submit a simple 'Part 85' claim to the enforcement company. In many cases, a vehicle may have been seized in relation to a previous owner's debt. If so, the new owner (and not the debtor) would be required to submit a simple 'Part 85' claim. In the past two weeks, there have been reports of three instances where debtors have failed to follow the proper procedure....and in each case...the debtor has found himself in a much worse situation (and in once case, could have been facing a charge of perjury). Case One: The debtor complained on social media that her vehicle had been clamped by a bailiff. The debt was hers and the vehicle was registered in her name. The debt was around £400. The advice that she was given on 'social media' was to 'transfer' the vehicle to her husband !! This is a extremely foolish step to take given that the regulations specifically state that goods become 'bound' from the date on which the Notice of Enforcement is sent. This regulation was put in place to stop debtors selling their goods to evade bailiff enforcement. On ‘social media’ she was introduced to a known ‘bailiff baiter’ who offered to speak to the bailiff. The call was terminated by the enforcement agent. The outcome was that her car was taken. This step added an additional 'sale' stage fee of £110 to her debt. The lady then spent the next few days trying to convince the enforcement company that the vehicle 'belonged' to her husband. She was advised that if the car really did belong to her husband that he (and not her) would need to submit a 'Part 85' claim and that, as part of the claim he would be required to provide the following: Evidence of the date that he acquired the vehicle. Evidence of the how he paid for the 'purchase' (bank transfer, cash etc). Evidence that he purchased road fund licence. Evidence that he insured the vehicle. Given that the 'sale' to the husband was 'bogus', the husband could not truthfully submit a 'Part 85' Claim. The debtor contacted me as the enforcement company had advised her that the debt had increased to almost £700 to include storage fees. She paid the full amount to recover her vehicle.
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Myself and wife have a number of long standing liability orders outstanding with our local authority in relation to council tax. These mainly come about due to our sons illness and our own subsequent illness from a car accident 6 years ago. We have never refused to pay, but cannot in anyway afford to pay the ridiculous amounts our authority is asking. To further complicate this my wife has made two attempts on her life in the last 9 months, I believe if this goes to Bailiffs I am fearful she will finally carry out what she has attempted over the last 9 months. Her GPS and Psychologist are aware of her mental fragility. We have been trying without success to get our local authority to deduct these liability orders from our benefits, however they refuse to even when considering my wife's vulnerability. My question is there any way of getting these liability orders back to a judge so he can make the decision to attach to our benefits. We need these attaching to our benefits so I can assist my wife getting the mental treatment she requires without the stress of her wanting to end her life when Bailiffs turn up. Trust me when I say we have tried everything over the past two years, even the Local Government Ombudsman ruled in our favour two years ago. So what did the council do absolutely nothing for 20 months only to start their abusive process again in the last 2 weeks. I think the court is the only body able to bring this matter to a close.
