Baillifs Coming With A Van - Help

[stumptailed]

Hi
Some advise if possible please. I have been paying off 2 outstanding council tax arrears for just over a year. One is fully paid up but I have got behind on the repayments for the other one. Basically I had a letter from Rossendales on Saturday telling me that I had to pay the full amount of £537. It said to ring if I could not afford to do this. I phoned today explaining that I am unemployed and have been for the last year so things are really difficult financially. I was a site manager for years and now I am on £63 per week. They wanted £10 per week which doesnt sound a lot but sometimes it really is a case of pay Rossendales their £10 or eat!!
The man on the end of the phone really wasnt interested in this at all and said that I now had no choice but to pay the full outstanding amount. I have no way of doing this. His reply was that he would put a note on my case for the man with the van to turn up and take my goods. Is there anything I can do at this late stage or is it to late? If they take my stuff I cannot afford to replace it. I live on my own in a rented, furnished flat. I did let them in originally back in January 2008 and did 2 walking possessions orders. One for each debt. Can they take everything they put on both orders or just what is on the one for the outstanding debt. Also, I looked online at my account with them today and I have paid £251 off this debt but £199 has gone to their charges so I have only reduced it by £52 which seems unbelievable.

I would be very grateful of any advice you can give me.

Stumptailed

[Guest]

Re: Baillifs Coming With A Van - Help

First of all, they can only take goods detailed on the walking possession order to which the debt relates, the other one having now expired since there is no longer a debt. With regard to their charges, they must have been actually and necessarily incurred and most fees and charges, in particular for council tax debt, are prescribed in law. How have you been paying the sums, with cash or a card and if with a card, what type?

Also, look here for further details regarding bailiffs, their fees and how much they can charge and how to make a complaint. You should read it carefully because it may be that you can catch them in the commission of a criminal offence, Rossendales have previous for using un-certificated bailiffs for example.

Legal Beagles

In short, bailiff companies make very little out of the statutory fees that they are allowed to charge, but they get fat from the fees they create out of thin air and they rely on your ignorance of your rights and the law in order to do this.

[stumptailed]

Re: Baillifs Coming With A Van - Help

Hi
Thanks for your fast response. I have been making the payments through the post office. They gave me a slip of paper with a barcode on it.
Can they break into my property? I live in an annexe to a larger house which my landlord lives in. I dont have a couple of things on the possesion order as they broke and I couldnt afford to replace or repair them. What happens about that? Also can they take my car even though its not on the order. It is only an old Mitsubishi which I got after I lost my original car after being made redundent. However, it is all I have and as I live out in the sticks a bit and I have diabetes and a heart condition it is my lifeline.

[Guest]

Re: Baillifs Coming With A Van - Help

They do not really want to take anything - they want money but will lie, threaten and posture in order to get you to pay it. While it is true that they do have the right to take goods, they cannot often be bothered. Since they have a Walking Possession Order, they may force entry, but is it valid? Was it signed by the bailiff and by you? Did the bailiff who issued it possess a valid certificate at the time of issue?

With regard to your car, unless it will cover the sum outstanding, they are more likely to agree to an arrangement with you rather than take it, but this is also an opportunity for them to rack up some more charges.

If you challenge them to provide proof of each and every charge, detailing the date and time of each visit they made to you, along with the bailiffs name, the amount of the charge, the reason for the charge, the name of the court where the attending bailiff was granted his or her certificate and copies of the paperwork they generated as a result of the visit and left with you, I think you will find them a great deal more accommodating in future.

Read the bailiff advice guide and come back and ask any more questions that you may have.

[stumptailed]

Re: Baillifs Coming With A Van - Help

Ok. I will have a read. Thanku very much.