Admitting a bailiff - Rossendales Bailiffs

[paulfg42]

My son (now living at home after accumulating massive debts) has just received 3 Bailiff removal notices from a Rossendales bailiff with different references numbers for unpaid council tax. No amounts are mentioned but my son has only had one summons from Leeds City council for unpaid tax.

I've read various stuff but I am very confused and feel quite threatened. How does my son find out exactly how much is owed? Does he really need to respond within 24 hours?

Does opening the door when the baliff calls constitute an invitation to enter?

My son has been dealing with CCCS over his bank debts. Will they also negotiate with the bailiffs over this debt?

Thanks for any advice or help you can give.

[Guest]

Re: Admitting a bailiff

Have you read and understood the information at this link?

Bailiff Guide - Legal Beagles Consumer Forum

A bailiff entering the house constitutes entry, opening the door to them, provided that they remain outside is not and cannot be an invitation to enter, can it?

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

[Lord_Alcohol]

Re: Admitting a bailiff

Hi Paul

No, bailiffs are not able to force their way into your home, unless they have a court order and I believe that the police also have to attend. Opening the door is not an invitation for the bailiff to enter. They can enter your home if you leave a door or window open, however, so watch out for that. They are not permitted to barge past you, but are limited to 'peaceful entry'.

Whatever you do, try not to allow them access. Once they are in the property, they have the legal right to itemise saleable goods which they call a 'walking possession'. If they cannot make this walking possession, they are stuffed. However, note that they can take items outside the property, such as cars parked on a public road. They can not remove goods in private driveways, unless they have a court order.

I would assume that the summons was for a liability order, which is not the same as a committal order or anything so scary. The liability order 'legalises' the debt and empowers the council to seek it using bailiffs.

I would recommend that your son contacts the council and makes an arrangement to pay as soon as possible. If he is unable to pay, then he should consider applying for council tax benefit. Try and negotiate with the council and not the bailiffs. Both are sods, but the former slightly better to deal with than the latter.

Bear in mind that bailiffs use scare tactics and will often intimidate in order to obtain their fees. The 24 hour threat is nothing more than that.

If you have time, read up on bailiffs and what powers they have.

Not sure about CCCS but if your son is on benefits of some kind then it is worth looking at council tax benefit. Your local CAB would be helpful here.

HTH
LA

[paulfg42]

Re: Admitting a bailiff

Thanks for the advice. My son has already had council tax benefit deducted from the bill which is the subject of the liability order. Reading the guide, it's clear that the 24 hour ultimatum is a scare tactic so some of the initial panic has worn off.

What is particularly confusing is that there is only one liability order (I assume, as there is only one summons) but my son received 3 Removal notices, each with a different reference number (though the same client reference number. I have already advised my son to contact the council to find out his liability and offer some payment. However, will he still need to contact the bailiff to find out whether the amounts coincide? And if he does make an arrangement with the council, is he still liable for a first visit fee?

[Amy]

Re: Admitting a bailiff

However, will he still need to contact the bailiff to find out whether the amounts coincide?

This would not be a good idea, as per the bailiff guide, they tend to lie.

And if he does make an arrangement with the council, is he still liable for a first visit fee?

Were any visits made?

[paulfg42]

Re: Admitting a bailiff

This would not be a good idea, as per the bailiff guide, they tend to lie.



Were any visits made?

Someone posted the Bailiff Removal notices through the door. My wife was in at the time and no one tried to knock first before posting the letter through the letterbox. I've read that this is a ruse that bailiffs use to justify the first visit charge.

[Lord_Alcohol]

Re: Admitting a bailiff

I agree with Amy. It's best to avoid contact with bailiffs altogether. Try and speak to the council. They will know what the liability is.

[paulfg42]

Re: Admitting a bailiff

My son has found out the full liability after speaking to Leeds City Council. However, they are refusing to deal with him directly, even to arrange full payment.

He has tried to contact the bailiff to arrange payment but there is no answer on the number he has been given. He has left several messages without response. When he told Leeds City Council that he was unable to speak to the bailiff, they couldn't have cared less.

We're not sure what our next step should be.

[Amy]

Re: Admitting a bailiff

My son has found out the full liability after speaking to Leeds City Council. However, they are refusing to deal with him directly, even to arrange full payment.

He has tried to contact the bailiff to arrange payment but there is no answer on the number he has been given. He has left several messages without response. When he told Leeds City Council that he was unable to speak to the bailiff, they couldn't have cared less.

We're not sure what our next step should be.

What you need to do is to stop using the telephone to contact the bailiff, stop using the telephone to contact the council and instead stick to writing. The council cannot refuse the payments and as you have already identified - local council workers don't care and will not help you.

[paulfg42]

Re: Admitting a bailiff

What you need to do is to stop using the telephone to contact the bailiff, stop using the telephone to contact the council and instead stick to writing. The council cannot refuse the payments and as you have already identified - local council workers don't care and will not help you.

Can I ask for clarification? Should my son send a cheque for the full amount direct to the council? What should my son say in the letter?

[paulfg42]

Re: Admitting a bailiff

Ok, we've paid his council tax bill in full online. Will see what bailiff might do next, if anything.

[Lord_Alcohol]

Re: Admitting a bailiff

The bailiff can no longer do anything. There is no debt to collect. If the bailiff calls again then simply show the payment reference. Your son is in the clear

LA

[paulfg42]

Re: Admitting a bailiff

Had another letter from Rossendales, a Final Demand, claiming my son still owes £138. My son checked today with Leeds council and they say the bill has been paid in full. When he told them that the bailiffs were harrassing him for more money, the council officer told him to contact Rossendales to sort it out.

From the info on here, I reckon the maximum they can charge is £24.50 for the first visit (when a letter was posted through the door) and nothing more. Do we just sit tight or should we do anything to get them off our backs?

[TUTTSI]

Re: Admitting a bailiff

I would write to Rosendales advise them that the debt has been paid in full and give them the payment reference.

Had another letter from Rossendales, a Final Demand, claiming my son still owes £138. My son checked today with Leeds council and they say the bill has been paid in full. When he told them that the bailiffs were harrassing him for more money, the council officer told him to contact Rossendales to sort it out.

From the info on here, I reckon the maximum they can charge is £24.50 for the first visit (when a letter was posted through the door) and nothing more. Do we just sit tight or should we do anything to get them off our backs?

[Amy]

Re: Admitting a bailiff

Had another letter from Rossendales, a Final Demand, claiming my son still owes £138. My son checked today with Leeds council and they say the bill has been paid in full. When he told them that the bailiffs were harrassing him for more money, the council officer told him to contact Rossendales to sort it out.

This is rubbish. It's the council who need to contact the bailiffs since they are the ones who passed the debt over in the first instance and they should not be suggesting otherwise.

From the info on here, I reckon the maximum they can charge is £24.50 for the first visit (when a letter was posted through the door) and nothing more. Do we just sit tight or should we do anything to get them off our backs?

This letter should not have been posted through your door. The first visit by any bailiff should be to obtain payment either in full or in part. Instead, Rossendales pushed a letter through your door and they are not allowed to charge for sending (or posting) letters.

So if it were me, I wouldn't be paying this either.