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Please Help - I really am at the end of my tether!

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  • Please Help - I really am at the end of my tether!

    Hello everyone, I am begging for a couple of questions asked here, please could someone reply and stop me wearing a hole in my carpet pacing up and down?!

    I have had problems with the bailiffs for years and know a little bit about it all but there are a few things I need help with. I owed the council some council tax arrears and it got sent to the bailiffs - I was in a right old state at the time (for various other reason and a LONG history of mental illness) and as a result ended up back in hospital. I am also a single parent and managed to pull myself together enough to do some research and managed to get the debt returned to the council because of my 'vulnerable debtor' status. I shortly after finished work due to my poor mental health and was on benefits and a deduction was made from my benefits towards this debt which was fine. I then felt well enough - 2 years later to return to part time work and of course benefits stopped - and thus payments from my arrears. I had informed the council of this etc however did not receive any communication regarding the ct arrears only a current bill (I am on a ridiculously low income - £10 per week more than benefits - therefore still entitled to ct benefit) I then received a letter from Jacobs stating they were calling within 48 hours to collect payment or levy my goods and set up a plan to repay. I didn't let him in and although they refused at first to accept payments without a levy in place I wrote to the council and they instructed the bailiffs to accept the repayments. Now I made my payments every week over the internet payment system and the amount was going down, until around a month ago when I missed a payment (I know I broke the agreement but I did have good reason) When able I then went online to pay the missed installment and that weeks installment - the system would not let me - it gave no details just 'unable to process your payment'. Having phoned the company before I knew that I was likely to be kept on hold for ages and I simply do not have the money to keep topping my phone up to deal with these people, so I wrote to them - and received no reply. I know I should have sent it recorded but literally had to borrow a stamp to post it! Yesterday I received a hand delivered letter stating that I had to pay within 48 hours or the bailiff 'in charge' would return to remove my goods - even if I wasn't in. Can they do that? No bailiff has ever entered my home and I have signed nothing, and I know that initially they must gain peaceful entry before they can break in, but is that changed now by the fact that I broke the agreement? Have they got a warrant or something from the court to allow them to break in and will I come home to find all my stuff gone and my door kicked in? I have had nothing from the courts but read somewhere that they don't have to inform you.

    In addition I used a pre pay credit card to pay online and all the money is on there - I can't take it off the card and the automated system on their website still won't let me pay. I have text the bailiff (free texts - no credit!) to explain this and said that I will pay what is on the card when I am allowed to use the system. I cannot afford to replace that money to give it in cash or send a postal order and the office refuse to let me pay on the phone when I used a friends phone to call them. I am totally stumped as what to do - please could someone give me some advice I am fast becoming stressed again and if I end up back in hospital I don't know what will happen this time with my child and everything.
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  • #2
    Re: Please Help - I really am at the end of my tether!

    Calm down, this can be sorted. Have a read of this Bailiff Guide - Legal Beagles Consumer Forum
    which should make things clearer, then if you have any more questions just come back and ask.

    It may also be worth contacting the council to explain what's happened and reminding them of your vulnerable status. The bailiffs are employed by the council and as such the council are vicariously liable for the actions of the bailiffs.
    Is no longer here

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    • #3
      Re: Please Help - I really am at the end of my tether!

      Thank you Wendy, I have read the Bailiff Guide but just wasn't sure if because this wasn't the first time they have called if that changed anything - however I'm thinking now that they cannot force entry as they haven't gained peaceful entry. I'm still stumped on how to pay them though - any suggestions anyone?
      I did tell them last time that if they refused my payments offer then I would save the money and take it to any court hearing as proof that I was willing to pay and requested that they put in writing that they had refused. That was when I wrote to the council telling them the same thing and was allowed to pay by installments without a levy.

      Many thanks again X

      Comment


      • #4
        Re: Please Help - I really am at the end of my tether!

        Originally posted by maverick View Post
        Yesterday I received a hand delivered letter stating that I had to pay within 48 hours or the bailiff 'in charge' would return to remove my goods - even if I wasn't in.
        It is really quite remarkable for a bailiff to put that comment in writing, not least of which because that threat is actually illegal.

        Contact Consumer Direct tomorrow, on 08454 04 05 06 as the oaf who made that threat rather seems unfit to hold a bailiff's certificate.

        Can they do that?
        Yes, they can, but not lawfully as, without a walking possession agreement, it would be house-breaking and theft.

        The only circumstance when a bailiff may force entry to domestic premises he or she has not previously entered would be to recover fines arising from a criminal conviction - which does not apply in your case.

        No bailiff has ever entered my home and I have signed nothing, and I know that initially they must gain peaceful entry before they can break in, but is that changed now by the fact that I broke the agreement?
        No.

        Have they got a warrant or something from the court to allow them to break in and will I come home to find all my stuff gone and my door kicked in?
        Contact the council, tell them what the jackanapes from Jacobs have written, tell them that you are worried sick about the threats and ask them to call the bailiffs off once more. If you have a social worker, tell him/her too as they may have greater ability to persuade the police to arrest the author of that threatening letter without the indolent plods trying to claim it is "only a civil matter".

        I have had nothing from the courts but read somewhere that they don't have to inform you.
        I read somewhere that the Virgin Mary had manifested herself in the shape of a burn mark on a toasted cheese sandwich and that some bears no longer go to the loo in the woods. Unlike the tale you've seen, there may some truth to those other tales:

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        • #5
          Re: Please Help - I really am at the end of my tether!

          Could you try paying the installments direct to the council. Alternateively couldyou pay the money to a friendly corner shop and get them to give you cash ?

          Comment


          • #6
            Re: Please Help - I really am at the end of my tether!

            First thing to remember about bailiffs is they lie. You can tell when they are doing this - their lips are moving. Second thing to remember is they don't restrict their lies and threats to verbal ones - they quite often (always) bend the truth in the written form too. Have a look at this for an example of their "inventiveness" Typical Bailiff Threatogram made easy - Legal Beagles Consumer Forum

            Check to see if the bailiff is certificated, but at this stage personally I wouldn't bother with Consumer Direct, get the payments sorted out first then you can always contact CD when you are feeling less stressed out.
            Is no longer here

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            • #7
              Re: Please Help - I really am at the end of my tether!

              Thank you to everyone for your help and suggestions - I will contact my GP and SS tomorrow and request I be re assigned a social worker as I'd been fine for 2 years I've been discharged and am now under my GP for routine stuff. I thought I'd got it all sorted ....but that's bailiffs for you, but anyway thanks again that letter of threatogram was a big eye opener and relief to read. I'm young and have support I can access - how on earth do elderly people and those more vulnerable than me cope? This is disgusting, to actually have a letter printed with those things and the fact that they are complete lies - that is what scared me the most it being down on paper.

              Comment

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