urgent help needed please

[sue123]

hi can someone please help me

in september i unwittingly allowed a bailiff from jacobs into my home for council tax owed of £1087.26, i signed a walking possession as i was terrified he was going to take my stuff there and then

he came on the 5th and i gave my debit card details so that an initial payment of £80 could be taken on the 15th when my salary went into my bank then agreed to £190 a month.
the bailiff told me they would set up a direct debit to take the agreed amount.

2 weeks ago i received a letter saying i had broke the agreement and now had to pay in full
i contacted the office but they said they couldnt speak to me as i had to speak to the bailiff, i explained the situaion but they just said i had to speak to him.
i asked for the bailiffs contact details but they said they were not allowed to give it to me and i had to wait for him to contact me

the bailiff called yesterday when i was at work and put a note through my door saying to contact them (notice of removal of goods). my partner contacted him today and explained the confusion and that we were willing to catch up on missed payments and restart the monthly agreed amount but he refused saying we had to pay in full by tomorrow

i also had a legal advisor contact the bailiff on our behalf and he is still refusing to negotitate

he intends to come and remove my goods tomorrow between 10am and 5pm is there anything i can do

please help im so scared

[labman]

Re: urgent help needed please

There is absolutely nothing stopping the bailiffs from re-negtiating another repayment plan. The whole point of a WPA is to save the bailiffs the hassle of collecting and selling your goods, allow you to keep the goods, albeit they now belong to the bailiff, and to give breathing space for a settlement to be negotiated. You incur a small daily charge to the bailiff for the privilege of keeping your goods.

How exactly are you supposed to have broken the agreement?

Remember bailiffs frequently lie, so the fact they have said they are going to call tomorrow does not necessarily mean they are.

I think you should make immediate contact with the Head of Revenues at your local council reminding him that the council are vicariously liable with the bailiffs, and the bailiffs are refusing to co-operate. If he refuses to intervene e-mail the CEO immediately. Which council is it?

I also think you should read this link:

Bailiff Guide - Legal Beagles Consumer Forum

which should help to answer any questions about what action you may be able to take against the bailiff.

[Mrs James]

Re: urgent help needed please

Hi sue 123

Can you tell us what goods he's itemised on the walking possesion please? Bailiffs frequently list items they are not allowed to take.

Also, never speak to them on the phone, you need everything in writing for avoidance of doubt, as they have selective hearing at times.

[sue123]

Re: urgent help needed please

hi

they are saying we havent maintened the agreed £190 every 31 days but they told us they were setting up a direct debit... i know i should have checked but my husband has had skin cancer and things get overlooked.

they have levied 7 items

a dell laptop which belonged to my employer and has now been returned
tv
tv stand
dvd player
satelite box? we think as the writing is unclear
we think it says settee ***** br*** possibly settee brown leather but we have 2 so not sure which or if both
and possibly table brown wood
------------------------------- merged -------------------------------
oh and its rochdale mbc

[labman]

Re: urgent help needed please

Here's the e-mail of the Chief ExecutiveOfficer. Contact Head of Revenues first, then if you have no joy, e-mail Mr Ellis immediately pointing out his Head of Revenues is laying his council open to serious litigation by refusing to discuss a debt for which they are vicariously liable.

roger.ellis@rochdale.gov.uk

[sue123]

Re: urgent help needed please

thank you

also can they take items they have not listed?

[labman]

Re: urgent help needed please

No - they can only take things that have been listed.

[Mrs James]

Re: urgent help needed please

hi

they are saying we havent maintened the agreed £190 every 31 days but they told us they were setting up a direct debit... i know i should have checked but my husband has had skin cancer and things get overlooked.

they have levied 7 items

a dell laptop which belonged to my employer and has now been returned
tv
tv stand
dvd player
satelite box? we think as the writing is unclear
we think it says settee ***** br*** possibly settee brown leather but we have 2 so not sure which or if both
and possibly table brown wood
------------------------------- merged -------------------------------
oh and its rochdale mbc

You could be classed as vulnerable because of your husbands health.

The debtor or the debtor’s partner is suffering from a long term illness.

If this is the case, you should inform the council immediately and all bailiff action should be stopped.

Looking at the walking possesions list of items, I would say that that wouldn't cover the debt and therefore it could be invalid.

I suggest you send a PM to Ploddertom, as they are really clued up on this subject and would be able to help far better than I could.

[sue123]

Re: urgent help needed please

how do i do that?

[Mrs James]

Re: urgent help needed please

how do i do that?

How do you do what, sue? Contact the council or PM Ploddertom?

[sue123]

Re: urgent help needed please

PM Ploddertom x

[labman]

Re: urgent help needed please

A few things concern me about the Walking Possession. One, as Mrs James points out, is that the goods are unlikely to cover the debt if sold at auction (they work on goods attaining about 10% of their true value).

Secondly, items seized should be clearly identifiable. A DVD player should be detailed as -eg- silver Sony DVD player Model abc 123. The laptop could well be an issue as once impounded, it does not belong to you, it belongs to the bailiff. Procedures have to be followed to retrieve items belonging to a third party.

If you cannot read the writing then you do not know what has been seized.

This should give you the right to appeal, and you may be able to get a stay of execution.

[Mrs James]

Re: urgent help needed please

PM Ploddertom x

Click on this link

Legal Beagles Consumer Forum

[sue123]

Re: urgent help needed please

how do we appeal

the laptop was my employers and did not belong to me

whats the stay of execution??

sorry so stressed and confused

[Mrs James]

Re: urgent help needed please

how do we appeal

the laptop was my employers and did not belong to me

whats the stay of execution??

sorry so stressed and confused

Please try not to stress out, I know that is so easy to say and not easy to do. But you've come to the right place for advice as most of us have been there too so know what you're going through. You are now on the first step of taking control, not the bailiffs.

Labman will I'm sure advise you the best way to appeal