Help!!! The bailiff has broken into my back garden

[reallyhardup]

I owed a month and a half's council tax before I became a full-time student. I moved. Suddenly at my new address a bailiff turned up - really panicked me - I tried to hide my child - I quickly got on the phone and was told not to let him in. So the situation is this. I owed £250 but bailiffs costs ran it up to £700 - they put a notice of siezure on my 9 year old car and that was in December.

 

I was just waiting for my tax credits to arrive this month and intended to pay the council. My tax credits come tomorrow.

 

I've never let them in and the council are really unhelpful.

 

Today, the bailiffs came back - and clamped my car and they are currently banging on my door - they do look fierce and there's no way I'm answering teh door - can they break in? I've got sod all for them to take unless they want to take my kid's piano (needs 3 men anyway). now they want £900.

 

Should I give them a copy of the letter I wrote to the council saying I'm paying? Will this stop them taking my car? I won't be able to pick the kids up today if they do - we're rural, see. Why am I always so houned by people? why can't they go after my ex and get my kids some child support and be useful. Please, oh please help I don't konw what to do - they've been outside for 1 and a half hours already.

[newstarter]

The first thing,do not let them in do not answer the door,have nothing to do with them whatsoever,let them sit outside for another hour and a half if they like,they are the ones loosing money,not you,they cannot break into your home let them get fed up before you do,i cannot stress enough,have nothing to do with the bailiffs,they will go away,lets wait untill they have gone first before taking further action.

[sillygirl1]

I've asked the site team to send this to our bailiff expert Tomtubby who will be in contact asap.

 

Do not let them in. You should be classed as vulnerable and you MUST get onto the council about this, they will say they can't do anthing so you now need to get the Chief Executive's Office of the local council onto the bailiff firm, they are directly responsible for their behaviour and should be held accountable.

[night-watchman]

Did they issue you with a notice of seizure and an inventory of what was seized ? If not they have clamped illegally. If your car is that old it is doubtful it will fetch the required amount to pay some of the bill after fees. - so it is a ploy to get you to pay.

If you feel threatened in any way call the police and tell them 2 men are outside. As they have not identified themselves, they could be anybody, and you feel insecure and threatened. As for sitting outside waiting I am sure this is classed as hassassment, as they are making you a prisoner in your home.

UNDER NO CIRCUNSTANCES LET THEM IN. Talk from an upstairs window or through the letterbox.

 

Please can you give more details like who are the bailiffs

[reallyhardup]

I already phoned the council and he just laughed in my face saying... I know you've no intention of paying.... he just wouldn't listen to reason. I wrote to him also and copied in the Chief Executive in December but only the council officer wrote back with a list of letters, dates that they claim they wrote to me (when I had moved etc.,); The bailiffs have now put a letter called notice of bailiffs attendance through my door saying that they'll come back with a two truck in 24 hours which will make the current £866.19 go up even more if I don't pay today. I've emailed Alexander's Bailiffs Head Office a copy of the letter I wrote to the Council saying I'm about to pay and that I dispute their charges which I felt were disproportionate to the amount owed. Nonetheless, my old banger is now clamped and the neighbours have snubbed me.

[reallyhardup]

yes, they did give me a notice of seizure in December but I don't think I got an inventory because I didn't let them in.

[sillygirl1]

Right, get onto the local police and complain complain complain, also ring Paul Burstow (local MPs office and get his involvement.

 

Because you are now a student and have young children you are clearly vulnerable and the council have screwed up yet again.

 

You can also ring the local newspaper and ask for somebody to come and see how a local bailiff company operates...

[night-watchman]

yes, they did give me a notice of seizure in December but I don't think I got an inventory because I didn't let them in.

They can't just issue a notice of seizure, they have to also give you an inventory of what was seized, in detail "and all goods there in" or similar is not legal. If it wasn't for your car then they have commited an offence. They are trying to use it as a lever to break you into paying.

You are in good hands here on CAG they have helped many people. Try and calm down, have a cup of tea, as long as your dorr is shut and they haven't entered there is nothing they can do, dispite their threats.

NOTE: If they do threaten you in ANY way, try and record it

[night-watchman]

You can also ring the local newspaper and ask for somebody to come and see how a local bailiff company operates...

 

Ooo I like that one sillygirl1

[reallyhardup]

Thank you for your advice so far. I've just called the police and they don't know what the law is either!! The police seem to think that because the bailiff is certified and because my debt is a council tax debt, it is the only debt that the bailliff has a right to break into my house for.

 

If I wasn't a mother, I would definitely call the press but I couldn't cope with any comeback if there was any.

 

The bailiffs have gone having left my car clamped saing they'll be back tomorrow with a tow truck - did I already say that? I'm just waiting for a reply from the Head Office of Alexander's. I've got such a headache.

[reallyhardup]

you people are making me see the funny side of this..... and it really isn't funny at all! The famour life of brian song comes to mind.

[night-watchman]

How did they know the bailiff is certified? are they psychic. They assumed. So to be honest their answer was bang out of order.

[sillygirl1]

Get onto Paul Burstow, STOP worrying about the comeback on you, the comeback will be on the council. Being a mother is no crime.

[reallyhardup]

The police said that the bailiff must be certified if he came from the council - the council only use certified bailiffs, he told me.

 

I'm definitely going to get in touch with Paul Birstow, thank you.

[night-watchman]

The police said that the bailiff must be certified if he came from the council - the council only use certified bailiffs, he told me.

 

I'm definitely going to get in touch with Paul Birstow, thank you.

 

Seems Mr Plod is talking from his rear end. The council employ a bailiff company, the company sends out thier bailiffs who SHOULD ALL be certified. (not all are) plus the bailiff must work for the company appointed by the council.

The ONLY time a bailiff can force entry is if he has entered before and issued a walking possesion order. This is why it is essential not to let them in from the beginning.

As for your car how much do you think you could get if sold privately ? because at auction it would probably be around 50% less, and the sale must cover all fees plus a portion of the debt. Otherwise it is profiteering for financial gain for the bailiff and their company.

[brassnecked]

Seems Mr Plod is talking from his rear end. The council employ a bailiff company, the company sends out thier bailiffs who SHOULD ALL be certified. (not all are) plus the bailiff must work for the company appointed by the council.

The ONLY time a bailiff can force entry is if he has entered before and issued a walking possesion order. This is why it is essential not to let them in from the beginning.

As for your car how much do you think you could get if sold privately ? because at auction it would probably be around 50% less, and the sale must cover all fees plus a portion of the debt. Otherwise it is profiteering for financial gain for the bailiff and their company.

 

I agree with night-watchman unless you have let them in previously they cannot force entry. If you have a video facility on your phone, or some other recording device, try to record what they are saying whilst keeping out of sight. Don't worry things can be sorted out

[reallyhardup]

As I have said in my letter to Waverley, the amount I intend to pay is for council tax, surely they can't then tell me it will be creited to costs first?

[fork-it]

I owed a month and a half's council tax before I became a full-time student. I moved. Suddenly at my new address a bailiff turned up - really panicked me - I tried to hide my child

 

?? Did the bailiff threaten you or your child?

 

- I quickly got on the phone and was told not to let him in. So the situation is this. I owed £250 but bailiffs costs ran it up to £700

 

The bailiff is seriously exaggerating as the amount of fees he can charge you. The law says the statutory fee is £24.50. I thin the bailiff is making a false representation as to how much you actually owe. You should contact the council (or local councillor) and start the complaints procedure.

 

- they put a notice of siezure on my 9 year old car and that was in December.

 

Did you sign a walker, then the Notice of seizure means nothing, therer is no legal definition in Civil enforcement prescribing a document called a "Notice of Seizure".

 

I was just waiting for my tax credits to arrive this month and intended to pay the council. My tax credits come tomorrow.

 

I've never let them in and the council are really unhelpful.

 

Contact the Local Government Ombudsman, make a complaint the council is over-charging you by nearly £500. Contact the local media if you like: quote the legislation: the Council Tax (Administration and Enforcement) Regulations 1992

 

 

Today, the bailiffs came back - and clamped my car

 

Not allowed, if you have not signed a walking possession agreement, then they cannot take your goods in your absence. Section 1 of the (Torts Interference with Goods) Act 1977 and Khazanchi & Anor v Faircharm Investments Ltd & Ors [1998] EWCA Civ 471. Even if you signed a walker then youi are still entitled the normal use and enjoyment of your goods (your car) subject to levy

 

 

and they are currently banging on my door - they do look fierce and there's no way I'm answering teh door - can they break in? I've got sod all for them to take unless they want to take my kid's piano (needs 3 men anyway).

 

They cannot take childrens belongings, or property not belonging to the debtor named on the liability order.

 

now they want £900.

 

The bailiff is having a laugh thinking he can charge you carte-blanche - did you record the bailiff making the demand? use yourt mobile phone and video everything if he comes back. Seek advice on Section 2 of the Fraud Act 2006.

 

Should I give them a copy of the letter I wrote to the council saying I'm paying?

 

No, your issue with with the council, not with the bailiff.

 

Will this stop them taking my car? I won't be able to pick the kids up today if they do - we're rural, see. Why am I always so houned by people? why can't they go after my ex and get my kids some child support and be useful. Please, oh please help I don't konw what to do - they've been outside for 1 and a half hours already.

 

Video everything and contact police and report them for stalking.

 

Chin-up Gal.

[sillygirl1]

They cannot continue to force enforcement as you have made an arrangement to pay, they can only enforce enforcement if you break that arrangement.

 

Pay the amount you owe to the council online and that way you know it has been paid to the right people, then you can send the acknowledgement slip to the bailiff company along with this.

 

"I have paid XXX to the council rather than yourselves to ensure the correct amount has been paid to them. Please find attached a Form 4 complaint about the behaviour of the bailiff and a complaint to Trading Standards, Office of Fair Trading and the local MP about the general behaviour of your company."

[reallyhardup]

If what you say is correct, then not even the Council know what the law is!! - the fact of the matter remains that my car is clamped outside, the council have refused my payment and want to allocate it to costs. can someone just let me know whether I myself can make an application to a court for this hideous behaviour.

[brassnecked]

If what you say is correct, then not even the Council know what the law is!! - the fact of the matter remains that my car is clamped outside, the council have refused my payment and want to allocate it to costs. can someone just let me know whether I myself can make an application to a court for this hideous behaviour.

 

You could pay the council directly online, but hopefully the experts like tomtubby, and ploddertom will be along soon, to point you in the right direction.

 

I would contact the CEO of the council copying in head of revenues with a complaint. What council is it? If the council has outsourced it's front office, the provider may actually be linked to the bailiff, as in Capita and Equita, this would help explain their pushing you back to the bailiff.

 

If you are a student with children there may be some entitlement to Income Support Housing Benefit, and Council Tax benefit. It might be worth doing a benefit check on turn2us:

 

http://www.turn2us.org.uk/benefits_search.aspx

 

or with the CAB

[new-me2010]

Hi

 

Quote to them the following

 

email it to the bailiff, council and your MP

 

NATIONAL STANDARDS FOR ENFORCEMENT AGENTS MAY 2002

 

Those who might be potentially vulnerable include:

• the elderly;
  
• people with a disability;
  
• the seriously ill;
  
• the recently bereaved;
  
• single parent families;
  
• pregnant women;
  
• unemployed people; and,
  
• those who have obvious difficulty in understanding, speaking or reading English
  

[ploddertom]

Unfortunately the Council can pay the bailiffs fees first before apportioning the rest of any monies to your account. However their Fees to appear to be rather high for what they seem to have done so far. It may pay to contact your local Councillor and ask him/her to intervene on your behalf until you can make some sense of what is going on, try this link http://www.waverley.gov.uk/site/scripts/council_democracy_index.php . It seems to me as if the Revenues Officer in charge is not really helping things.

 

You could send off for a breakdown of the charges the bailiff is applying and seeing if there is anything wrong with what they are asking. Please note that asking for this will not prevent further enforcement action taking place but if you ask that it be deferred for a period of time until you can understand what they are trying to do may work. Here is an example of what you could use, adapt it to fit your own circumstances and send initially by email followed by a copy in the post:

 

"From:

My Name

My Address

 

To:

Acme Bailiff Co

Bailiff House

 

Ref: Account No: 123456

 

Dear Sir

 

With reference to the above account, Can you please provide me with a breakdown of the charges.

 

This includes:

a - the time & date of any Bailiff action that incurred a Fee.

b - the reason for the fee.

c - the name(s) of the Bailiff(s) that attended on each occasion a Fee was charged.

d - the name(s) of the Court(s) the Bailiff(s) was/were Certificated at.

e - the date of the Certification.

 

This is not a Subject Access Request under the Data Protection Act S7 1998 so does not incur a fee of £10. You are obliged to provide this information.

 

I require this information within 14 days.

 

Yours faithfully

 

Ripped off customer"

 

What are your family circumstances, I'm not trying to pry but establish if there are any grounds you can argue back with. Is anyone ill or have a disability, how many children do you have, are you a single parent, do you claim any benefits etc? Each time the Bailiff has attended has he left with you a reason for his visit and also a list of his charges for each visit? You state in Post 6 you had a Notice of Seizure but no inventory - did you look on the reverse of the document to see what was included? Do you have any idea of what your car may be worth?

 

PT

[caro]

Just a thought. Is the car on the road or on your property?

[ploddertom]

A Bailiff if attending to collect Council Tax or remove your goods should have on him:

1 - his Company ID

2 - his County Court Certificate - check this to see if:

a - the date is still valid

b - what Company it says he works for - if this blank it may be he is self employed, if so you need to check with the Council to see if they allow their Contractors to sub-contract - many do not

3 - the authorisation of the Authority allowing him to collect this debt

 

If he is missing any of the above tell him nicely to come back when he has it all.

 

Incidentally how many visits in total has he made so far that you know of.

 

PT