First time dealing with bailiffs...please help I don't know what to do!

[sian2002]

Hi everyone! I'm hoping someone here will be able to help me.
My partner (whom I live with but am not married to) is receiving letters from two collections agencies, both of whom are threatening to send bailiffs.
The first is Philips who have been sending letters for several months now claiming that my partner owes them for unpaid car tax. he has always paid his car tax but one time did actually forget to put the new disc in his car. He claims he has not had any contact from the DVLA regarding a fine for this but philips are saying it is for an unpaid fine dating back at least two years. They are now sending letters claiming that they have been given the right by a court to enter our property and take possessions/take his car. He has simply buried his head in the sand over this and is refusing to pay them or even open their letters. My partner does not own the property, it is my name. does this make a difference? I have no idea what to do but the original debt was apparently £1500 but is now a massive £2500. Any help? My partner thinks this is a scam which is why he has done nothing about it.

The second collector is Equita which is for unpaid council tax (on a property he owns, not the one we live in). again he has buried his head in the sand over this and now I'm too scared to open the door to anyone or even leave the property/be in by myself.
He has contacted the council in question yet they are now refusing to deal with him and are saying to contact equita, which he has now done, however they also refused to deal with him, and said call back tomorrow.
What are we meant to do if neither of them will even talk to him? How are we supposed to resolve this?

Sorry for the long post but I'm now getting to the point where I don't even want to be in the property any more, even though its all in my name, not his.
Thankyou all in advance for any replies.
Sian.

[ploddertom]

Re: First time dealing with bailiffs...please help I don't know what to do!

I'll start with your Council Tax first.

If the debt is down to your OH solely then the only goods that may be seized are his - they can not touch anything belonging to yourself. I appreciate you may not have receipts etc for all your possessions but this is easily dealt with. I assume to date that no Bailiff has called and no goods have been seized/levied. Your OH is perfectly entitled to sell you all his worldly possessions for the princely sum of 1p or more and may indeed even rent them back off you. You need to swear a Statutory Declaration laying claim to all possession within your boundaries - cost £5/£10 at any solicitor ( make him pay for the hassle he has caused you ), you will need at least 4 notarised copies, give one to the Bailiff should he call.

Remember there is no law that says you have to deal with or speak to a Bailiff, there is a good old Anglo Saxon expression for him and the second word of which is usually "off". The Council can recall the debt but prefer not to. As it is Equita I would strongly suspect the Council have outsourced their back office functions and the person you spoke to is not a Council employee but possibly one from Capita - they happen to own a Bailiff Co called Equita - I assume you now see where I am coming from.

In the meantime he should start to make payments direct to the Council via online banking, Council website or automated phone. If he follows this he must make regular payments - £10 every Thursday for example. It upsets the Bailiff if you do this but also proves he is willing to pay and makes life awkward should the Council seek further enforcement action.

As for Phillips - did he have knowledge of the original fine or was it from an old address?