Oh! removal notice!

[maggiemay48]

I recieved a letter this morning from the bailiffs.(delivered by hand) they want payment in full or removal in 24 hoursThey will remove my goods even in my absence.Should you wish to avoid this distressing course of action.contact me imediatley on the number below to arrange prompt payment.Please some advice.??????????? I cant afford to pay it all.I am on job seekers.My husband works part time.

[Shepherdess]

Re: Oh! removal notice!

Hi Maggie,
Their powers depend on the type of debt, so what was the debt for, and do you dispute it?
Have a read of the Bailiff Guide linked above.

[maggiemay48]

Re: Oh! removal notice!

Hi Maggie,
Their powers depend on the type of debt, so what was the debt for, and do you dispute it?
Have a read of the Bailiff Guide linked above.

Thank you for your reply.its for council tax.Its what i owe them from last year,

[Shepherdess]

Re: Oh! removal notice!

Thanks Maggie.
From the guide:

Council Tax

For the avoidance of doubt, the law states that bailiffs collecting council tax have no power to force initial entry or break open an outer door if it is either locked or bolted. They must enter a property peacefully through an unlocked door or through an open window. They may not enter through a closed window, even if it is not locked. They cannot obtain a court order to gain entry and can only force entry if they have previously gained peaceful entry.

The local authority is vicariously liable and are equally culpable for any unlawful actions carried out by any of their agents and this must be communicated to them in the strongest possible terms.

If anyone should call purporting to be a bailiff, DO NOT LET THEM IN. They will lie, cajole and attempt to deceive you. You must not be taken in by any of this. They have no right of access to your house. Do not let them in to use the loo, use the telephone, or to get out of the cold. They will try anything and once they have gained peaceful access, they can break in at some point in the future. Do not sign anything that they might hand you, or put through your letterbox, you are not obliged to do this. Tell them, from an upstairs window, that they will not gain access to your property and that they must return the warrant to the council. Then tell them that they must leave or you will report them for the common law offence of trespass.

Have you ever let the bailiff into your house before, in relation to this debt? If not then he cannot force admission and is out of order stating that he can. Save that card.

It's not my area of expertise so hopefully someone with more experience on this issue will be along to advise.

I would have thought that the way forward would be to contact the Council today, complain about this threat and try and agree on a realistic repayment plan bearing in mind you are on benefits.

If he does turn up, keep everything locked as above. Tell him (from upstairs window) you are dealing with the Council direct. Or tape a letter to this effect to the front door before he comes stating also that you have taken advice, he has no right of entry and should leave immediately.

Shepherdess x

[TUTTSI]

Re: Oh! removal notice!

Hi Maggie

Have you read the side bar on Bailiff issues, Amy has kindly set everything out with the do's and don's etc. Until Amy Or Cet can answer you latter have a good read of that as it is very informative and will help you with what you should be doing.

Tuttsi

[Cedric]

Re: Oh! removal notice!

Maggiemay, did you receive any letters from the baliffs before their visit? They should have sent two (for which they will try to charge you).

The same thing happened to me two days ago but for parking, not Council Tax. You might have difficulty getting anyone at the Council to deal with the matter. If so, contact your local councilor for help. I did and she was appalled at the councils actions and is taking it up with them. However, she could not halt the baliffs actions (late Friday!), so - don,t let them in, open the door or even telephone them. They will be unhelpful and probably threatening. Do not sign anything they put through our door.
------------------------------- merged -------------------------------
PS. The notice they put through your door re. removal of goods in your absense is not valid, they have no authority to do so. Hence it is an attempt to defraud you by deception and intimidation. Look up the National Standards for Enforcement Agencies wih a view to finding how many they have broken, with a view to lodging a complaint about the baliff with the court that granted his certificate.
Which balif firm was it? Mine was Jacobs - see the posts for info on their practices!

[Shepherdess]

Re: Oh! removal notice!

How did you get on, Maggie?

[maggiemay48]

Re: Oh! removal notice!

They have not been back .Dont no what to do from here.the bailiffs are equita.Had deaings with them before.So this time i havent phoned them or anything.Where is last time i did God! they had me crying my eyes out

[TUTTSI]

Re: Oh! removal notice!

Maggie as I said on my earlier post have a look at the side bar there ais a full description of the do's and don'ts regarding the Bailiffs what they are and not allowed to do.

Sometimes they use scare tactics and they are very convincing especially when you are vunerable. Please do not panic take your time to read up on all the information on this site and remember do not let them in and close all windows so that cannot obtain access. You will then be able to handle this armed with the knowledge with what they can or cannot do.

Tuttsi

[maggiemay48]

Re: Oh! removal notice!

Maggie as I said on my earlier post have a look at the side bar there ais a full description of the do's and don'ts regarding the Bailiffs what they are and not allowed to do.

Sometimes they use scare tactics and they are very convincing especially when you are vunerable. Please do not panic take your time to read up on all the information on this site and remember do not let them in and close all windows so that cannot obtain access. You will then be able to handle this armed with the knowledge with what they can or cannot do.

Tuttsi

Hi is it the bailiff guide?

[TUTTSI]

Re: Oh! removal notice!

Maggie

I have copied the side bar notice accross to your thread in case you were unable to find it and have given you the link to the Bailiff threads where you will find all the templated letters that you need.



Bailiff Issues
Kesprg beat them - so can you ! READ HERE

THE FACTS

• You cannot be sent to prison for being unable to pay your council tax
• Bailiffs cannot telephone the police to help them gain access to your property
• Bailiffs cannot break in to your home if you have previously not allowed them peaceful entry
• They are not permitted to push past you if you open the door to them
• You are not obliged to sign anything they may hand you or post through your letter box
• You are not obliged to talk to them either in person or on the telephone
• The only fees a bailiff is permitted to charge are those prescribed in The Council Tax (Administration and Enforcement) Regulations 1992 - Schedule 5
• They cannot charge for sending you letters
• A maximum of two visits can be charged for, but only if the visits are made on separate dates
• A reasonable van fee can only be charged following a valid levy
• It is illegal for bailiffs to charge any non-prescribed fees, for example credit/debit card fees - this is fraud
• It is illegal for bailiffs to charge for work they have not carried out, for example visits they have not made - this is fraud
• The local council are vicariously liable for the actions of the bailiffs they employ
• A council can recall the debt from the bailiff
• Bailiffs must be courteous and professional at all times

http://www.legalbeagles.info/forums/...splay.php?f=76

" href="http://www.legalbeagles.info/forums/forumdisplay.php?f=76" VISIT OUR BAILIFF FORUM HERE </P>