Bailiff Being Horrible

[aimright]

I've got into a mess with my council tax. I work full time, but have a lot of debts which are with CCCS on a debt management plan. The other day though I did something stupid. I took out a payday loan and now for a couple of months I can't pay my council tax. I went to the council and made an arrangement but I couldn't afford it so I didn't pay. Then they let me make another arrangement and I paid what I could, but it wasn't enough. Now its gone to court and the bailiffs came to my house while I was at work. They left a note through the door saying they will come back and I owe £432. They even charged £24.50 for their visit and I wasn't even in.
I'm scared they will take all my goods and I've got some nice stuff in my house. I phoned the bailiffs number on the card and he said I've got to pay it all by the end of next week.
What should I do please.

[WendyB]

Re: Bailiff Being Horrible

Ok, firstly, don't panic.

Secondly, you have to realise that Council tax is a priority debt and needs to be paid above all else, along with rent/mortgage and utilities. If you make an arrangement to pay then you absolutely have to pay it, otherwise it gets sent to the bailiffs, as you have found. The £24.50 visit fee is legitimate and they can charge this, even though you weren't in.

How much do you think you actually owe on the Council Tax? Is £432 correct, including the £24.50? Best advice would be to come to an arrangement to pay, preferably direct to the council, but if not, then via the bailiffs. Do not be pressured into paying more than you can afford, but once you have made the arrangement, you MUST stick to it,otherwise the bailiffs will be back, adding on more charges every time, and things will get worse.

In the meantime, don't speak to bailiffs on the phone, do all in writing, copying in the Council. The bailiff cannot just turn up and remove your things, they have to gain peaceful entry before they can force entry, so do not in any circumstances let them in. Keep doors and ground floor windows locked at all times.
Which bailiff company is it, and which council?

With regards to your other debts, are there PPI or any charges you can reclaim to reduce the balances?

[Caspar]

Re: Bailiff Being Horrible

Hi Aimright,

Firstly I'm sorry to hear you're in difficulties. The bailiff is allowed to charge for visiting when you're not in, and the fee charged is correct assuming you live in England.

The bailiff should accept a payment arrangement. Make sure you don't let them in. They have no right of entry and are allowed to walk through an unlocked door, climb through an open window, so make sure you keep everything shut. If you have a car, try to park it a few streets away to stop a bailiff levying on it.

I would write to the bailiffs with a repayment proposal you can stick to. They should accept it. Meanwhile, check the bailiff who called is certificated if you have his name using the bailiff register under the bailiff's tab. If he isn't there phone the Ministry of Justice to check. He should have been willing to negotiate with you, so make sure you mention his failure to do this in your letter. It would be worth copying it to your council as they are vicariously liable for the bailiffs' conduct.

[Amy]

Re: Bailiff Being Horrible

You need to have a read of my guide and try to understand it, then we can find a way forward Bailiff Guide - Legal Beagles Consumer Forum

[Caspar]

Re: Bailiff Being Horrible

When you've done your sums, you may also want to speak to CCCS as tis may have a temporary effect on your DMP payments. Usually, as long as they know in advance that hings are only temporary, creditors are pretty understanding over this sort of thing.

The main thing though is to find the exact amount of that liability order and work out an affordable repayment. Remember, and I know I'm repeating things from others posts, that once it's agreed you must stick to it and make sure any payments are notonly made on time, but made so that cleared funds are there on time.

[The Debt Star]

Re: Bailiff Being Horrible

Would be nice to get an update Aimright. have you spoken to the CCCS yet? I have to say I found the CCCS very helpful to begin with but very inflexible once the dmp was up and running.

[Caspar]

Re: Bailiff Being Horrible

Any update on this yet Ainright? It would be good to hear from you to know what's happened.

[aimright]

Re: Bailiff Being Horrible

Hello All and thank you for your help,
I've been told this was taken over by lunatics, but it all looks alright. Anyway, I'm scared about Friday as it is payday and my loan is due to be paid back. The bailiffs have been again and said they will accept £108 for four months, but they say they've got charges of £42.50 which they want this month as well. I've had to agree even though I can't afford it as they said they'd take everything I have if I didn't. Walking to my car and back every day is killing me and the children laugh at me which upsets me. CCCS phoned and siad all but three agree to take less for a little while but what do I do abou those three. I'm in a real mess and I'm going to lose everything.

[CleverClogs]

Re: Bailiff Being Horrible

How old are the children?

[Caspar]

Re: Bailiff Being Horrible

I know it's frustrating parking your car a little way away, but honestly, it's worth it. You need to pay the bailiffs / Council Tax before you pay any of the other things. Did CCS tell you which three had refused? Have you got any priority debts (Gas, Electricity, Rent Arrears etc....) with your DMP?

If the payment for the Payday loan is by Direct Debit, cancel it. Write to them and tell them you cannot afford to pay at the moment, but will do as soon as you can.

Have you been to CAB or anywhere about this? It might help, though you may need to wait a few weeks to get a proper debt appointment.

If you can't afford £108 you need to tell them and the council. They seem to be being OKish so far, their charges are all legal, but they cannot just come and take everything - that is rubbish. As I said before, don't let them in.

Try to work out what you can afford - there's an Income /Expenditure sheet at the top of this page you could use to help you. When you know what is affordable then you can make a sensible offer to them. In the meantime, just make sure you keep them out.

[WendyB]

Re: Bailiff Being Horrible

Aimright, are you going to be online later? I'll check in and see if you are, then maybe we can go into Chatroom and discuss this in confidence and try and stop this panicing and find a way forward. I'll email Amy and get her to come in too- she's brilliant on bailiff issues.

[CleverClogs]

Re: Bailiff Being Horrible

they cannot just come and take everything that is rubbish.

I am sure that they would prefer to take everything that is of value. :madgrin:

If one does not let the varmint(s) in, they cannot take anything at all.

[The Debt Star]

Re: Bailiff Being Horrible

Hmmm....one of our posts is missing :whistle:

"If one does not let the varmint(s) in, they cannot take anything at all."

Simple as that is it?

[CleverClogs]

Re: Bailiff Being Horrible

"If one does not let the varmint(s) in, they cannot take anything at all."

Simple as that is it?

True, they could seize one's doormat or levy on the contents of one's dustbin(s), but might either of those realise sufficient at auction even to cover the auction expenses?

[ploddertom]

Re: Bailiff Being Horrible

True, they could seize one's doormat or levy on the contents of one's dustbin(s), but might either of those realise sufficient at auction even to cover the auction expenses?

Have you read

Local Government Ombudsman Slough Borough Council (10 007 469)


PT