Bailiff charges....help!

[charlie242]

Hi all,

Some advice would be really appriciated! I had an outstanding council tax bill for just under £700, they got a liability order against me & as I have skipped a payment on the plan I set up with them, they have instructed bailiffs.

The bailiffs knocked today for the first time, but I didn't realise so they left putting a note through the door...it says 700 plus costs, liability order/ distress warrent....call immediately, not to late for repayment plan etc.....

i freaked out immediately & frantically raised the 130 they had written that needs to be paid straight away, phoned up the guys mobile on the letter assuming I could make a phone payment as there was picures of visa symbols on the letter. I asked what the 'costs' would be, he asked if I was paying in full, I said I couldn't, so he said he needed to come back around & set up a payment plan at my address I have to give him the 130 in cash and he will go through the costs with me then. I tried to go to their website and pay it online, but it just directs me back to him. Its rossendales.
I am really worried now......so my question is, if I scrap together the full amount by next week when he's coming, what kind of add on charges could I be looking at? would I still get the 'van or levy' charges if he comes & I pay it all?
I am a single mother, recovering from cancer and just want it to go away. I just don't want to be in a situation of paying it all & then more charges appearing from no where?

Oh, also...when he came there was a car parked in my flats parking space, but it does not belong to me. Is it possible that on his first visit he did an outside levy? & do I still have to pay that if its not my car?
Advice please? Thanks so much in advance :-)

[Shadowcat]

Re: Bailiff charges....help!

Hi charlie and welcome, it seems that local authorities are taking advantage of their fast-track through the courts and employing debt collectors with a few unsavoury habits and unprofessional approaches in my opinion.

I would like to help you initially to see the wood for the trees. Everyone on here is absolutely fantastic at pooling knowledge so you've come to the right place. As you've obviously had some awful emotional times recently with your illness, if you would like me to try and start the ball rolling to ease the pressure temporarily to allow you time to clear your head please forward me a copy of the distress warrant omitting all your personal details and I will compose a letter for you. This is not to come in like some superhero and say I can do it better than you but purely to give your mind some time out. Once you've managed to give yourself some space by getting them to ease up on the pressure, I will forward you a debt management plan if you want which you can sit down and fill in. You can then send a letter to the council telling them that you are dealing with your debts in a responsible manner but they have a duty of care to enable you to do this in a timely and orderly manner due to the fact that you have been very ill, that you are not using this as a reason to avoid paying any monies due, but you do need to be able to approach your finances in a logical manner.

So, if you want to send me what you have from Rossendales I'll gladly put something together to assist you in keeping them at a reasonable distance while you sort things out bit by bit.


Shadowcat.

[debtisbad]

Re: Bailiff charges....help!

Thanks Shadowcat for being so nice and helpful to this person. It is great to see such help being given to the most vulnerable in our society, who are seen as easy prey by the predatory people.

[teaboy2]

Re: Bailiff charges....help!

Hi charlie and welcome, it seems that local authorities are taking advantage of their fast-track through the courts and employing debt collectors with a few unsavoury habits and unprofessional approaches in my opinion.

I would like to help you initially to see the wood for the trees. Everyone on here is absolutely fantastic at pooling knowledge so you've come to the right place. As you've obviously had some awful emotional times recently with your illness, if you would like me to try and start the ball rolling to ease the pressure temporarily to allow you time to clear your head please forward me a copy of the distress warrant omitting all your personal details and I will compose a letter for you. This is not to come in like some superhero and say I can do it better than you but purely to give your mind some time out. Once you've managed to give yourself some space by getting them to ease up on the pressure, I will forward you a debt management plan if you want which you can sit down and fill in. You can then send a letter to the council telling them that you are dealing with your debts in a responsible manner but they have a duty of care to enable you to do this in a timely and orderly manner due to the fact that you have been very ill, that you are not using this as a reason to avoid paying any monies due, but you do need to be able to approach your finances in a logical manner.

So, if you want to send me what you have from Rossendales I'll gladly put something together to assist you in keeping them at a reasonable distance while you sort things out bit by bit.


Shadowcat.

If you would like julie greens email address at rossendales let me know i shall forward it to you Shadow if you do. As i feel contacting Julie letting her know of any issues with charges etc etc, would likely resovle any issues quickly and stress free for the OP.

[labman]

Re: Bailiff charges....help!

The bailiff does not need to come back to set up a repayment plan - that just gives him an excuse to add a bit more to his fees.

If he does come back, do not, under any circumstances, let him into your house. Keep your front door locked and downstairs windows closed.

They can accept a repayment plan and organise it over the phone. You should phone them and tell them this. If they refuse complain to the CEO of your council that they are refusing a repayment plan and you will pursue the matter if the council does not recall the debt.

Sending a letter re a DMP is unlikely to have much effect I'm afraid. You're better tackling it now and then all you should be charged by the bailiffs is £24.50 for one visit. That is it.

Telephone your council and find out the exact amount of the Liability Order. If necessary, pay the full amount to them using their automated systems (telephone or internet). Then you are left with the bailiff fees. One visit is £24.50, two visits is £42.50. Job done!

So two choices - phone and insist on setting up a repayment plan WITHOUT another visit as it will add costs - they can and should do this by law. Alternatively pay the council.

Either way, check the LO amount with the council themselves.

If you need any more help, post up here. It is best to keep everything on open forum if possible.

[Shadowcat]

Re: Bailiff charges....help!

I wasn't trying to sideline the OP by the way, just an initial bit of help.

S.

[labman]

Re: Bailiff charges....help!

I appreciate that - no need to worry. It's great to see people willing to be so helpful, thank you!

Apologies if what I wrote came across in the wrong way.

[ploddertom]

Re: Bailiff charges....help!

There is some very sound & good advice given here.

The Council will have you believe they cannot do anything to help. They can but choose not to. Regardless of anything they may say they are 100% liable for the actions and charges made by their contractor - the Bailiffs. As he has already visited once he can charge you a 1st Visit Fee of £24-50 where he attended to levy but could not for whatever reason. He may visit again and I can only reiterate what others have said - do NOT under any circumstances allow him entry to your home, if you have anything lying outside or have a car move them immediately.

You made note of the possibility of a levy on a car that does not belong to you. Please note if he has done this he must leave you a Notice of Seizure at the time of doing so - beware of this coming at a later date.

Your most important issue appears to relate to your health. In my view you would be classed a vulnerable [ARCHIVED CONTENT] Department for Constitutional Affairs - Enforcement - National Standards for Enforcement Agents and you should write to both Council & Bailiffs making them aware of your condition - you may need a letter from your GP or other medical professional as proof.

Are you also aware that there is no law that says you have to deal with or speak to a Bailiff. If you do have to talk on the phone try & record the call as they do suffer from memory loss on recall of conversations. If he calls at the door try and speak to him through the letter box or upstairs window - again try & record the call. He may utter all types of threats - imprisonment, bankruptcy, forced entry etc - you are long way from these so try and ignore him. He is an expert bully, intimidator, liar & cheat - he cannot lie straight in bed and will auction his own granny if he thought there was a few quid in it for him.

In my view I would pay the Council direct using online banking, Council website or automated phone service. You will need to budget extra for some Bailiff charges but providing you deny him the levy he wants this can be capped at £42-50 - once he realises you are a lost cause he will move on to someone else.

[pepsie]

Re: Bailiff charges....help!

PT has said it all, but I would add you should make mention in your letter to the fact your intention to make payment direct to the Council is brought about by the pressure imposed on you by the bailiff with his suggestion you beg borrow or steal monies in order to meet his demands.

Pepsie

[Monzter]

Re: Bailiff charges....help!

Just been through this and had a bailiff threaten me with all sorts of things he couldn't actually do at that time. I followed the advice given (very similar to the advice given to you) and the upshot is the council have taken the debt back and I am paying them, and the bailiff and his 'fees' have disappeared. These bailiffs and their companies, and the councils rely on the general public's lack of knowledge and the panic that sets in when you get contact from a bailiff, to get inflated fees. The only thing I would add is don't speak to him at all. I did and he wound me up to the point where I was beside myself because they are so darn sure that you will believe their lies and they'll get what they want. Don't talk to him at all and then he can't wind you up. Deal with the council.

I hope that you have the same outcome I did and that you are feeling well again soon.

X

[Shadowcat]

Re: Bailiff charges....help!

Hi Monzaroony

Glad you've posted as yours was so recent and just want to reiterate to the OP once you give yourself a bit of breathing space it's so much easier.

This forum is packed full of great knowledge and there's the CAB but of course but your mind is sent into panic, and these people know that.

I hope charlie has managed to step back a bit from the initial shock and take time to organise the next step. As you know, one step at a time may not seem quick enough but debt collectors will hype you up to work at warp speed, when you slow down and take it step by step and become methodical, it falls into place.

[Monzter]

Re: Bailiff charges....help!

Yes I come on and look for new threads like this as although I don't have the experience that some of the others have for great advice, I remember the panic setting in and the fear and tactics that he used to intimidate me.

There were charges added to the letter put through the door that have never been on statements from the company or council - because I queried it and they were illegal all of a sudden neither knew anything about them and nearly £300 in total charges became £48.50.

Charlie, these people use your lack of knowledge (as most people aren't versed in bailiff law) and bullying tactics to extract money from the most vulnerable - because we're the ones that try and live our lives by a set of morals and make good when we fall into debt for whatever reason. These bailiffs and companies, for the most part, frequently leap over the line when it comes to telling the truth. Do everything in writing and record any calls/face to face. You'll be amazed at how their attitude changes when you ask for the certificate details so you can complain about the {RECORDED} conversation you have just had, to the court who issued the certificate!

Eventually I looked at it this way, the bailiff, the bailiff company nor anyone at the council were lying awake at night over this debt, only me. The bailiff might have been for a while though after I lodged my complaint

[labman]

Re: Bailiff charges....help!

Eventually I looked at it this way, the bailiff, the bailiff company nor anyone at the council were lying awake at night over this debt, only me. The bailiff might have been for a while though after I lodged my complaint

Oh I do hope so!