Re: Discussion
Just for clarity, the Op in the case referred to is running a household and is responsible for raising a child. Vulnerability in terms of being excused the ordeal of enforcement is really exclusive to those very few cases where debtors cannot manage their own financial affairs. The very fact that the debtor in this case has demonstrated the ability to run a household and raise a child, suggests that it is unlikely that a debt will be recalled from bailiffs. That is the purpose of the LGO cases, that was the reason for those particular complaints and that is why they are completely and utterly irrelevant in this case.
The OP has managed to communicate with the bailiff today and has notified him that a complaint is in place and that permission to enter the property will be refused. Furthermore, the bailiff was asked to explain why he stated that the OP had to pay the total amount in full otherwise his goods would be removed. The bailiff has (unsurprisingly) failed to respond. Dukes have acknowledged receipt of a copy of the complaint. The authority have been in contact and confirmed that the complaint has been passed on to the correct department. The OP has also asked for an explanation as to why an AOB was not considered in this particular case, given that the council had all relevant details. The OP simply asks to be able to pay this debt off at an affordable rate, without the constant threat and worry of his goods being taken. If the council would consider returning the debt and setting up an attachment, then that would be a massive bonus.
I might add that it is not for Dukes to determine what is an acceptable repayment term. This is set by the council and will be drawn up in the contract between the two. It is normally set at a maximum of 6 months. However, for debtors reliant solely on benefits, this period is extended accordingly.
Just for clarity, the Op in the case referred to is running a household and is responsible for raising a child. Vulnerability in terms of being excused the ordeal of enforcement is really exclusive to those very few cases where debtors cannot manage their own financial affairs. The very fact that the debtor in this case has demonstrated the ability to run a household and raise a child, suggests that it is unlikely that a debt will be recalled from bailiffs. That is the purpose of the LGO cases, that was the reason for those particular complaints and that is why they are completely and utterly irrelevant in this case.
The OP has managed to communicate with the bailiff today and has notified him that a complaint is in place and that permission to enter the property will be refused. Furthermore, the bailiff was asked to explain why he stated that the OP had to pay the total amount in full otherwise his goods would be removed. The bailiff has (unsurprisingly) failed to respond. Dukes have acknowledged receipt of a copy of the complaint. The authority have been in contact and confirmed that the complaint has been passed on to the correct department. The OP has also asked for an explanation as to why an AOB was not considered in this particular case, given that the council had all relevant details. The OP simply asks to be able to pay this debt off at an affordable rate, without the constant threat and worry of his goods being taken. If the council would consider returning the debt and setting up an attachment, then that would be a massive bonus.
I might add that it is not for Dukes to determine what is an acceptable repayment term. This is set by the council and will be drawn up in the contract between the two. It is normally set at a maximum of 6 months. However, for debtors reliant solely on benefits, this period is extended accordingly.
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