bailiff Andrew James Enforcement CTAX debt at my door a few weeks ago

[k1mmie]

Unfortunately, they will add charges for removal and then sell your goods at auction at a very low price and then come back to you for the balance on the council tax. The chances are they won't want to come back for the goods, so maybe they will enter into an arrangmenet you can afford just by having the threat there of taking your goods.

 

Keep looking on this thread and someone will come along who can offer some constructive action. All the best.

[dx100uk]

bit more background please

how old is this?

 

why has it gone this far, if you can pay 'something' why cannot you do it to the council direct?

 

what letters etc have you had [liability order notification etc]

 

dont put you goods outside, and stay off the phone.

 

you don't have to deal with these people like this.

 

dx

[tottys]

bit more background please

how old is this?

 

why has it gone this far, if you can pay 'something' why cannot you do it to the council direct?

 

what letters etc have you had [liability order notification etc]

 

dont put you goods outside, and stay off the phone.

 

you don't have to deal with these people like this.

 

dx

thanks for your reply

the debt is about a year old but it is for the property im in now and also a property i was living in 2 years ago i was getting housing benift when i lived there so i was not paying any council tax for it..

i have signed a levy for it and they gave me a removal notice this morning

i have asked the council to take it back but they wont and i cant get on their site to pay anything on line they have also put on an extra £220 charge on here plus the charges when they first came out which came to £22.50 (first visit)

£48.00(levy fee)

£11.00 (walking possesion) hope this is enough info for you as i need to get this sorted now before the kids come home

[tottys]

does anyone know what will happen to my debt if the bailiffs come and take the goods that are on the levy and it does not cover the out standing amounts???? would i be better off paying the £250 today or letting them take the goods

[Guest Happy Contrails]

The bailiff has committed a criminal offence because he has made a false representation about his fee entitlement and is contrary to Section 2 of the Fraud Act 2006.

 

The law prescribing bailiffs fees for collecting unpaid council tax is the Council Tax (Administration and Enforcement) Regulations 1992 and provides £24.00 for a first visit and £18.00 for a second visit if one is made. No other bailiff's fees can lawfully be charged if a bailiff has not moved your goods in a van and you have not signed any document consenting to a levy or a walking possessions agreement (currently a flat rate of £10). There is no legislation enabling a bailiff to charge a £48 levy fee or a £220 charge.

 

Make lots of copies of that bailiffs receipt showing his fees. If a bailiff turns up, have a camcorder or mobile phone capture everything. Keep the door locked shut and ask him to quietly leave the property.

 

Phone the bailiff on his mobile and tell him you have sought legal advice. Tell him you want to know the name of the court that issued his bailiffs certificate. You will be filing a Form 4 complaint against him for fraud because he has been caught cheating with his fees contrary to Section 2 of the Fraud Act 2006. Say you will also be contacting the police because defrauding a person by making a false representation is a criminal offence.

 

Phone the council telling them their bailiff has been caught cheating with his fees and ask they take the complaint back to town hall administration. If you are fobbed off with excuses then contact the local government ombudsman.

 

If you want to make an official complaint against the bailiff then download a complaint form http://www.hmcourts-service.gov.uk/courtfinder/forms/form4_0606.pdf and send the form to the certificating court enclosing supporting evidence such as the bailiffs document showing his fees.

 

If you are on benefits then enforcement cannot proceed. More: http://www.dca.gov.uk/enforcement/agents02.htm#part10

[paulson1985]

I doubt very much the bailliff will take your goods today.

 

They just want you to pay them the money.

 

The goods you have will not cover the cost of removing them for sale.

 

The bailliff may come back and try and force you to pay the money.

 

If you are not in a position to pay this I would advise you tell him so through the window. I would also advise him of your financial position, he may try and persuade you to borrow from friends and family, decline this.

 

If he has as you say previously been in your property unfortunatly he does have the option to break in for the goods, but I very much doubt he will do this.

 

Remember he does not want your bits and pieces he wants the money.

 

I would contact the council direct and see if they can set up a payment plan for you.

 

If the baillif cannot collect any money from you he will send this back to the council.

 

Good Luck

[dx100uk]

great.....

 

now , if you have internet banking, i'd pay the council that way, the details are on your ctax bill.

 

dx

[tottys]

thanks all for your advice am sitting here on pins now they have said that the debt will stay with them even if they come and remove the goods and i will get even more charges put on top of the ones they already have..

they also said that i have to pay another £200 by tuesday and i cant get hold of the bailiff who came this morning the mobile no i have which was on the bottom of the letter just goes straight through to the main office..

so am just about ready to throw all the items on the list out side and phone them and tel them to come and get them as i am so stressed out now have tried all ways to get them to reduce the amount i should be paying as its a lot but they said they only have 12 weeks to clear the debt.

and if i dont get it paid as it has been to court i will be arrested

[paulson1985]

Tottys

 

YOU WILL NOT BE ARRESTED

 

tHE BAILLIF HAS NO RIGHT OR POWER IN THIS RESPECT AT ALL

 

He is just trying to scare you.

 

DO NOT PHONE THEM AT ALL

 

As I said before I doubt very much they will come back this is just a scare tactic.

[tottys]

right thanks again for your replys..

so is my best option not to pay and hope that they will pass it back to the council as they are refusing to take it back???

cos if it is can i then ask that they make an attacthment to my earrnings as i think that this is my best option..

[hallowitch]

tottys is this Jacobs are you in north wales Clywd area

[tottys]

tottys is this Jacobs are you in north wales Clywd area

no im from south wales and it andrew james am now on count down till 5 o clock

[tottys]

does the person who comes to remove the goods have to have a certificate from the courts??????????

[hallowitch]

will be thinking about you keeping my fingers x that they don't come

[hallowitch]

he needs his bailiffs I.D. and I'm not sure if he has to have the liability order with him

[paulson1985]

Yes he does need the liability order and also his certificate as an enforcement officer and his id number.

If and I say IF he does come take details of these from him and remember what I said he does not want your bits and pieces he cant take your table and chairs anyway because they are listed as essentials.

 

Read this

 

Bailiffs and debt collectors : Directgov - Money, tax and benefits

 

Good Luck You will be fine

[tottys]

Yes he does need the liability order and also his certificate as an enforcement officer and his id number.

If and I say IF he does come take details of these from him and remember what I said he does not want your bits and pieces he cant take your table and chairs anyway because they are listed as essentials.

 

Read this

 

Bailiffs and debt collectors : Directgov - Money, tax and benefits

 

Good Luck You will be fine

ok will take a look now.......

so if he does come and only has his id can i refuse him entry and tell him i will phone the police as what he is doing is illegal???

[tottys]

thanks have just read your link paul so in reality his walking is totaly worthless as he will be lucky to get £50 for everything but going what they told me today its not looking as good for me as they still keep the debt

[nobailiffno]

hi, i have took advice off a barrister who said "IF" YOU DO NOT SIGN ANY LEVY AGREEMENT. they cannot force entry to your premises. Do not pay them any money to begin with. and do not listen to any of their threats of police or locksmiths, this is a civil matter and the police can only get involved if there is any trouble, so just ignore them and eventually they will send it back to the council who have to get in touch with you and make an amicable and affordable arrangement. I am from the north west and jacobs are the bailiffs used, they harrass those who they know will give in easily. i got a bloody big alsatian and leave him in the house all day, if they get in good luck to them!!

[paulson1985]

Totty sorry I have been away from my computer for a while.

 

1. Yes if he has not got the relevant paperwork etc he is breaking the law.

 

2. If he cannot (Which he cant) collect his money from you he will have no alternative but to send it back to the council.

 

DO NOT phone him.

 

You are better of (IN MY OPINION) waiting until this has gone back to the council and making them an offer of payment that you can afford to pay and stick with it religously.

 

Try not to worry.

 

I take it he has not returned?

 

If he does remember what you have been advised and try your best to stay calm and in control ( I know it is hard)

[tottys]

thanks for the help guys no he has not come back as of yet it is now

20 31 so hopfuly he wont now..

they did tell me that the debt will stay with them regardless if i pay or they remove goods does it make a differance that i have already paid £80 off it????will put all the money i got together in a jar for now and hopefuly i can get enough to make an offer to the council then.

like the bit about the dog will try and train my puppy at the moment he would just pee all over their feet lol!!!!!!!

[ambershadow]

No it doesnt stay with them if you pay the council direct online if you can

send them a repayment schedul and keep to it not to the Bailiffs to the council

 

If you hadn't av signed or let him in you would have been ok

It's not against the law NOT TO PAY bailiffs and they dam well know thatbut you must pay the council tax

they pray on people thinking they don't know there rights

I do hope you get on ok

[tottys]

does anyone know how i can get the council to do a attachment to my earnings as i think that this would be my best option for payment to them to get this cleared up out of the way so i can finaly get some much needed sleep.........

[tomtubby]

hi, i have took advice off a barrister who said "IF" YOU DO NOT SIGN ANY LEVY AGREEMENT. they cannot force entry to your premises. Do not pay them any money to begin with. and do not listen to any of their threats of police or locksmiths, this is a civil matter and the police can only get involved if there is any trouble, so just ignore them and eventually they will send it back to the council who have to get in touch with you and make an amicable and affordable arrangement. I am from the north west and jacobs are the bailiffs used, they harrass those who they know will give in easily. i got a bloody big alsatian and leave him in the house all day, if they get in good luck to them!!

 

I am so sorry, but this information is not correct !!

 

A Walking Possesion is always better if it is signed but it does not have to be signed.

 

If a bailiff has gained peaceful entry into the premises and levied upon goods then you CANNOT ignore this and hope that the debt will be returned back to the council!!

 

What will happen is that the bailiff can then return to remove the goods and he can then legally charge an "attending to remove fee" which will add at least £150 to the debt.

 

in addition, if a bailiff returns into the premises to remove those goods previously levied upon, he is then legally allowed to RE LEVY against other goods !!

 

It is ALWAYS the case that a person should NEVER ALLOW a bailiff into their home.

[hallowitch]

am i correct in thinking that the bailiff was there to collect for 2 liability orders

has he charged you visit fees for both

has he charged you levy fees for both