I'm new and in a dilemma re bailiffs

[tree]

Hi, I'm new and not sure what to do about my situation.

I am a woman on my own and have had to stop work due to an injury. I am being paid Statuary Sick Pay (and have been for the past 2-3 months)

I have been regularly going to the local one stop shop to get advice re my council tax benefit claim- which is backdated but taking forever to supply info they need. My last visit, the guy advised me not to pay my bill and to let it go to court (??!!) I have not been able to make any payments recently as I needed to speak to someone to make sure I paid off the right bill (as there are two - one for approx £200 and one for £732.00 ...the latter being the one that needs payment now)
I could not make an automated payment due to this. Every time I phoned to pay...all I got was a busy phone later message. I even phone before they opened and the girl said she would get them to call me back but it didn't happen.
It has now gone to bailiffs. (and I've been trying to pay!!!) I finally got through to the the council and they said that a bailiff was due to call next week and that they could not retract this.
I have a nice house with nice stuff in it and am freaking out about having to keep it locked up for however long??? could it be weeks? I also am tempted to deal with the nice bailiff that comes out the first couple of visits rather than wait for the baddies that come after.... but I'm scared it might backfire and he might want more than i can afford.
I have resumed making payments to the council .... one small payment online and will continue weekly maybe just so they can see I am trying.
Any advice would be SO welcome!

[Celestine]

Re: I'm new and in a dilemma re bailiffs

Hi Tree
Welcome to Legal Beagles
Sorry you haven't had an earlier response, week ends are always a bit quiet!

Well it sounds like you have been trying to do all the right things, I definitely wouldn't agree with the advice to just let it go to court.

Have a read of the guides in the Bailiff Forum:

Bailiff Issues - Legal Beagles Consumer Forum

Do you own a vehicle? If so park it away from your home until we can get the bailiffs off your back. There is a decent chance they will show up, so don't let them in, keep all doors, windows locked whilst a repayment plan direct with the council is sorted out.

Keep us updated.

[Caspar]

Re: I'm new and in a dilemma re bailiffs

Hi Tree,

I apologise for not picking up on this sooner as I've been somewhat preoccupied.

Firstly let me say how sorry I am to read of your predicament, but well done for facing up to it and the fact that you've found a way to make payments against the right bill direct to the council is great.

There are two views on this and I'll try to explain the pros and cons of each for you.

The first is that you pay your debt directly to the council. Paying weekly is great as you very quickly build up a lengthy repayment history which looks good when they call it up on their screens and see that lots of payments have been made. If you do this you need to ensure you pay the same amount each week as regularly as clockwork so they can see you're reliable. The advantage of this is that you know the money is going to the right debt and you maintain control of things. The disadvantages are that as long as you continue to pay the council you will get harangued by the bailiffs who will try their best to bully and frighten you into paying or letting them into your home. You must not do this under any circumstances. The bailiffs should leave cards with certain information on each time they visit, so make a record of everything that happens, what was said, if a card was left, what was charged and why it was charged. They have the right of peaceful entry which allows them to walk through an unlocked door or climb through an open window. They will also tell you they have the right to force entry into your house - they don't, they lie a lot! Wherever possible record everything they do on a sound recorder or video recorder.

The other downside of this is that when the debt is paid, any legitimate fees to bailiffs for visits to your house (as long as they don't levy on anything or gain entry, these should be kept to £42.50) are still payable on top of your debt.

Your other option still necessitates you keeping the bailiff out of your house. As things are at an early stage no charges will yet have been incurred by you. As before they will try every trick in the book to gain entry to your home - can they use the loo, the telephone, chat inside as it's warmer and less embarassing for you etc... etc... don't let them in. You can go out and talk to the bailiff. They are supposed to remain polite at all times (ha! ha!) and are supposed to be open to reasonable repayment plans - don't commit to anything more than you can pay. Often they appear to accept these, but will catch you out by claiming payments did not reach them on time and thus say the whole debt is now due immediately. This too puts you under great stress. If you choose to go this route it is essential that all payments are made in plenty of time, and not by cheque as they can and will delay cashing them so you have broken the agreement. Ask for identification and to see his/her right to collect the debt in question. They should always be willing to provide these details. When you have their name, check in the bailiffs section that they are certificated to work with that firm.

Again try to record things if you possibly can - most modern mobiles have voice recorders and video cameras. The bailiff guide that Celestine referred you to is excellent. Have a good read and try to digest the information in there. The bailiffs will almost certainly add unlawful charges, so as time goes by, you'll need to have £10 put aside to SAR them to find out exactly what they have charged and why. The problem with this way (though it is the way all professional advice agencies would advise you take) is that the bailiffs fees are taken out from your payment before anything is paid to the council tax debt, so it leaves you in a position of having to reclaim the unlawful charges, whereas the other way the bailiffs are a little more frustrated as they don't get anywhere, but you pay the lawful charges at the end if the council has not been forced to write them off.

The final thing for now before I drown you in information is to remember that the bailiffs are acting as agents for the council. This means the council has vicarious liability with the bailiffs (which means they are equally responsible with the bailiffs for their behaviour, their fees etc....) As bailiffs tend to lie and cheat and charge unlawful fees it is often easier to reclaim from the council than the bailiffs.

If you can fend off the bailiffs for about 6-8 weeks, I would guess the bailiffs will make sufficient mistakes to give you grounds to ask the council to recall the debt.

Ultimately it has to be your decision which route you take, and you'll get support here whichever way you go. I know it is worrying and scary, but it has to be faced. We're here to help you as much as we can so read the guide, have a good think and let us know what you decide. BUT REMEMBER never let them in, and if your car is parked on your driveway or the street outside, move it a few streets away.

[CleverClogs]

Re: I'm new and in a dilemma re bailiffs

They have the right of peaceful entry which allows them to walk through an unlocked door

I believe they have to open it first, as few bailiffs can walk through solid timber.

REMEMBER never let them in, and if your car is parked on your driveway or the street outside, move it a few streets away.

If you have a doormat outside the house, move it as the buggers have been known to levy on that, as a means to bump up their fees.

[WendyB]

Re: I'm new and in a dilemma re bailiffs

The council can call it back from the bailiffs, especially as the bailiffs haven't turned up yet. Tell the council that you are wiling to make a payment arrangement with them, and point out that by not accepting this, and not calling off the bailiffs, they (the council) will be responsible for making you pay more than you owe, because of the fees that will be charged by the bailiffs. You need to do this in writing, asap.

If you do pay online, be very careful that it gets allocated to the correct bill/year, otherwise you may find that you are paying the current years, whilst it's really the previous year's that you want to be paying.

[seduraed]

Re: I'm new and in a dilemma re bailiffs

cambridge city will always allocate to the oldest debt first which has caused me trouble as i was trying to pay this years and the payment got allocated to a previous year.

[WendyB]

Re: I'm new and in a dilemma re bailiffs

That's why you need to make sure your payment is allocated to the debt you want it to go to.