bailiff removal notice / liability order / warrant of execution urgent reply needed

[kerrylincs]

Hi,

i had a bailiff round yesterday who gave me a bailiff removal notice with a liability order and warrant of execution letter, he stated that i need to pay £500 of the balance on thursday, (tomorrow) before i can agree repayments with them, i rang him today and told him i just cannot get that amount and i have tried everything to get it, he point blank refused to help me out i pointed out to him how does he expect me to get £500 in 2 days when i dont even get that a month on jobseekers altogether! i also told him that i have nothing of value to take (which i dont) and he said that will be for him to decide, i also pointed out that just about everything i own is on hire purchase , my bed kids beds kids drawers my drawers the tv (i have proof of this) he told me he will still take items of value even though they are on hire purchase i didnt think they were allowed to do this?, i rang the council and asiked if there is anything they could and they said no not now it is with the bailiffs.

 

i dont know what else to do i am on jobseekers at the minute as my partner was laid off at christmas i have no savings and no credit card to pay them what right do i have? and what right do they have?

 

can i please ask for an urgent reply as they are coming in the morning

 

 

o and total balance is £1986 it is for council tax arreas

[Lisasickofbailiffs]

Hi Hun,

I don't know loads on this matter but I'm having an issue with Bailiffs myself chasing me for fees.

 

DON'T sign anything and DON'T let them into your house, he'll try and make you sign a walking possession agreement but don't do it as if they don't get anywhere with you they will have to pass the debt back to the Council to deal with. (unless you've already signed one??)

My dealings with Bailiffs have always proved that they work by using Threats and try and frighten people into paying so hang in there...somebody on here who knows more than me will respond to you shortly.

God luck with it xx

Lisa

[kerrylincs]

thanks for your reply no ive not signed anything with them and i have not let them in at all, i just think hes being totally unreasonable i asked him for a few extra weeks to get the money together and he refused

[renegadeimp]

Just remember, dont let him in and he cant perform a levy or do anything. The first step for any bailiff is to gain entry peacefully. After that he can gain entry whenever. If he cant gain peaceful entry ( meaning you have to be there and say he can come in) then the only thing he can do is pass the debt back to the courts for further instructions. This means that you will get another chance at court and to tell the judge your particulars.

[kerrylincs]

When he came on tuesday he said if i dont pay he will send it back to court for commmital hearing i said i will see what i can do then when i rang him today i told him he will just have to send it back to the court for a commital hearing he then said he said no such thing and will coming round to collect goods, he also then asked me if it was me he saw in town after he had been round pushing a pushchair?? i informed him i dont have a baby and i did not leave the house after he came was he trying to scare me into thinking he was watching me?? the main thing i am worried about is he came at 8.15am last time while i was getting my children ready for school, i do not want them exposed to this kind of thing and if i ignore the door they will be wondering why i am thinking of taking them to breakfast club tomorrow which is at 8am so they dont have to be here, if i ignore the door will they start shouting through the letter box or anything? i suffer from anxiety aswell and sometimes feel afriad of answering the door to people i do not know and this is just making me 10x worse!

[renegadeimp]

He cant come round to collect goods because no levy has been peformed. He;s trying to scare you into letting him in. Besides, if it goes to a comittal hearing you can still attend and tell a judge what has happened, and the judge will mediate and come to a decision.

 

Regarding your last question, he can shout all he wants. You could even stand there behind the door and tell him to get lost. Theres nothing the bailiff can do as he must gain peaceful entry first.

 

If he tries to do anything, simply ignore him and tell him to go back to court where you will tell a judge the truth.

 

One good way of dealing with him if he starts to act up is to simply say i am now videotaping and recording what you are doing. Please leave the property immediately.

[kerrylincs]

i am also thinking of just going out for the day so i dont have to hear them knocking will my property be safe if no one is in the house?

[renegadeimp]

It should be. If nobody is in, all he can do is leave a note saying he has called. If he breaks in, then you can sue the hell out of him, plus get him arrested for tresspass and burglary.

 

Remember, the bailiff himself said that all he can do is try and get a committal order, which is something you can contest in court and the judge can hear your side of the story.

[wonkeydonkey]

Is this for Council Tax?

[kerrylincs]

Thankyou for everybodys reply i contacted the cccs and they have sorted it for me! arranged a repayment plan with them funny how they would let me do it though but they did them but glad its sorted now

 

 

and yes was for council tax

[renegadeimp]

Because they have the attitude that they can scare you and do what they like. The second you show them you wont be intimidated or threatened, they back right down and crawl back under their rock.

[ploddertom]

Thankyou for everybodys reply i contacted the cccs and they have sorted it for me! arranged a repayment plan with them funny how they would let me do it though but they did them but glad its sorted now

 

 

and yes was for council tax

 

Who is the repayment plan with & what conditions have been put on it? From what I read it should be that you may be classed as vulnerable, the debt returned to the Council and small payments taken direct from your Benefits.

 

PT

[kerrylincs]

I rang the council on advice advice from the cccs which is free debt advice like the cab the council agreed to hold of the bailiffs while i put together a expenditure form with the cccs which is to be sent to the council and from that they will decide repayments.

[brassnecked]

If you are on income based benefits then the council should be taking it back off the bailiff and deducting a nominal su, from benefit

[kerrylincs]

they refused to do that when i asked

[brassnecked]

they refused to do that when i asked

 

If you are on ESA or a benefit, you should be regarded as vulnerable under the guidelines, enforcers and councils signed up to, so you may have to tell them you are vulnerable, and they should take it back.

You may have to send a formal complaint to head of revenues, copied to CEO, Leader councillor and MP

have you claimed council tax benefit?

[kerrylincs]

Yes now applying for council tax benefit the arreas are from when my partner was working but had to take time off due to breaking his back and I was only working 12 hours a week we didn't realise then that we qualified so got behind.

[kerrylincs]

Sorry meant yes we now have council tax benefit not applying we've already been granted it

[brassnecked]

Sorry meant yes we now have council tax benefit not applying we've already been granted it

 

In which case the council have prima facie evidence you are vulnerable, and should be deducting arrears from benefit, not sending in the bailiff.

 

What council and bailiff company is this? I ask this as some councils have outsourced their back office functions to a company called Capita, who happen to own a couple of bailiff companies, Equita and Ross & Roberts. In this scenario you are talking to Capita when you phone the council, and they will be reluctant to take the account back as it would cost income from the (sometimes unlawful) fees their partner company Equita/Ross 'n Robbers, charge debtors.

[kerrylincs]

Lincoln city council and rossendales bailiffs

[bailiff]

The bailiff in this case was completely wrong. He cannot force entry on a liability order. He cannot recommend a committal hearing. There is provision in law where a person can be imprisoned for non payment of council tax, this is a very rare occurrence and a very last resort, its definitively not the bailiffs place to comment on it or threaten you with it.

[seanamarts]

Oh great Rossendales again!

 

Write to your council, this should be addressed to the Manager of the revenues and benefits department, request that the repayments should be taken out of your benefits.

Let them know that Rossendales are requesting far too much from you, your family is classed as vulnerable according to the national standards.

 

email this to them

http://www.justice.gov.uk/downloads/courts/bailiffs-enforcement-officers/national-standards-enforcement-agents.pdf

[seanamarts]

What you can do, is start paying £5 a week to the councils on line payment facility, using the acc no for the debt that year. Email them that this is what you have done to show that you are a willing payer. You cannot be committed to prison. Thats just a threat