Please help with baliff!

[SilasMarner]

Hi there everyone, some advice please?
I was visited by a baliff yesterday who told me that i owed countil tax from 2006/07, which is the first I've heard of it.
I've read quite a lot of the posts about baliff issues and there's some really excellent advice here, from what I can gather, when she comes back I shouldn't answer the door to her, but ask for her name so I can check she's certified and also ask for a break down of the charges?
In the meantime, make payments to the council using their automated system?
It's what to do from here that gets quite confusing.....so if anyone at all can talk me through the steps, I would be soooo grateful!
They're quite scary people, and this lady told me on the doorstep yesterday that when she returns next week she will have to come into my home to go through the procedure with me. I assume having read through the threads that this is NOT necessary?
Thank you so much in advance for any help

[Inca]

Re: Please help with baliff!

Hiya and to LegalBeagles,,I don't know much about bailiffs but I do know they have no right to enter your property but make sure all your doors and windows are shut.Someone will be along to help you properly

[SilasMarner]

Re: Please help with baliff!

Thank you

[bizzybob]

Re: Please help with baliff!

No she cannot just "come into your home and list goods" unless you let her in, and that would be a very bad idea indeed, she could however list a car outside or adjacent so hide yours.

You need to ask the council
How many liability Orders they hold for you
How much on each one
What tax years they apply to
When were they obtained
When were they passed to bailiffs for action.

What council and bailiffs are these?

Onbce you have the information from the council send the bailiffs letter 1 from here:

http://www.legalbeagles.info/forums/...Useful-Letters

asking for a list of what charges have been applied. Beagles can help you sort what are legal, and what are fairytales.

Whatever you do, DO NOT let the bailiff in under any circumstances, and remember

RULE 1 BAILIFFS LIE

RULE 2 Refer to Rule 1

[SilasMarner]

Re: Please help with baliff!

OK, I don't have a car so no problem there!
What do I say to her when she turns up?
Should I open the door at all? Still ask for her name? I understand from reading other posts that if a bailiff is not certified, then some of the charges they try to add on are invalid, is this true?
It's a company called Pheonix Commercial Collections, from having a google, they don't seem a particularly nice bunch, but then there probably aren't many overly nice baliffs!
I'll do as you say and ring the council and also have a look at letter 1.
Thanks

[bluebottle]

Re: Please help with baliff!

Certificated bailiffs, who collect CT arrears, have no right of entry, unless they have a court order, signed in ink by a judge authorising them to enter. What the bailiff told you about you letting her in is 100% cattle slurry. If she returns and demands entry, tell her she has no right of entry and that you are paying the arrears directly to the council. You will pay any legitimate fees to the council and she and Phoenix will have to apply to the council for their fees. Expect her to kick off and start making threats. If she does this, dial 999 and tell the police someone claiming to be a bailiff, okay, claiming to be a bailiff, is at your door causing a disturbance. If she is effing and blinding and making threats, that is sufficient. If the police try to tell you "It's a civil matter," say, "No it is not, I have taken appropriate advice. And am I to understand ******** Police are refusing to attend?" The police don't like that, but it does put them on the spot. And that's coming from a retired copper! Lol!

[SilasMarner]

Re: Please help with baliff!

Wow, the thought of a bailiff kicking off on my doorstep is truly disturbing! Don't they have some kind of code of conduct they're meant to adhere to, are they all this revolting?? She was pretty pushy, she was definitely trying to scare me, and it worked.
So if I understand you correctly, the council have to pay the charges which I'm fairly certain they will have lumped into this bill?
Also, in my original post I mentioned making payments direct to the council, should I still go ahead and do this, while sorting the other stuff?
And, should I still try and get her name to check if she is actually certified? God it's like preparing for war this!
Thank you bluebottle

[bluebottle]

Re: Please help with baliff!

Wow, the thought of a bailiff kicking off on my doorstep is truly disturbing! Don't they have some kind of code of conduct they're meant to adhere to, are they all this revolting?? She was pretty pushy, she was definitely trying to scare me, and it worked.
So if I understand you correctly, the council have to pay the charges which I'm fairly certain they will have lumped into this bill?
Also, in my original post I mentioned making payments direct to the council, should I still go ahead and do this, while sorting the other stuff?
And, should I still try and get her name to check if she is actually certified? God it's like preparing for war this!
Thank you bluebottle

Slight misinterpretation there, Silas.

You are obliged to pay LEGITIMATE charges, but not unlawful charges. You can choose to pay these charges to the council, which causes a lot of inconvenience to the bailiff and bailiff company because they have to apply to the council for payment of their fees, along with the CT arrears. Just make sure you allow for legitimate fees when making the payments to the council.

Definitely check that the she-devil is currently certificated. If she is not, her actions are totally unlawful and illegal.

[SilasMarner]

Re: Please help with baliff!

Oh yes, I understand that I have to pay legal charges, it's just that I had a good read of the other bailiff issue posts and quite a few pointed out that these bailiffs will try and make extra charges they aren't actually permitted to....these were the ones I meant But thanks for making that absolutely clear.
I don't mind making things difficult for them in the slightest, just as they don't seem to mind harrasing anyone from pregnant women to the elderly and infirm.
Haha bluebottle, she did look a bit like a she devil, certainly wouldn't want to meet her on a dark street lol
Should i still ask her for a break down of her charges, even though I will be doing the same with the council?
I keep saying thank you, but this advice is an absolute god send, so thank you once again

[enquirer]

Re: Please help with baliff!

... are they all this revolting?

In a nutshell, Yes.

God it's like preparing for war this!

Yes, it is.

[bluebottle]

Re: Please help with baliff!

Definitely request a breakdown of charges, Silas. Then we can play "Spot The Illegal Charges". Seriously, though, bailiffs who try to impose charges for work they have not carried out or which are not permitted by statute or statutory instrument are not only a menace to debtors and creditors alike, they are nothing more than crooks - and not very good ones at that.

[SilasMarner]

Re: Please help with baliff!

enquirer, glad you agree!

And bluebottle and enquirer, they are not only crooks, they're just low, and they make a person feel like it's they themselves who are the lowlives. It must be for this reason that people are cowed into accepting their terms, it's just intimidation and bullying.
Are there no laws governing these bailiffs behaviours?

[bizzybob]

Re: Please help with baliff!

Glad the team have told you like it is, at least no car means if a levy on a car appears out of thin air, they are up the creek with that one, keep them out deny them a levy, and the most they can ask in legitimate fees is £42.50 no matter how many times they call, pay the council direct as has been suggested and don't open the door to the bailiff.

[CleverClogs]

Re: Please help with baliff!

Are there no laws governing these bailiffs behaviours?

Yes - there is one...

The Law of Gravity still applies to the buggers, though I understand some of them want it to be repealed.

[bizzybob]

Re: Please help with baliff!

Yes - there is one...

The Law of Gravity still applies to the buggers, though I understand some of them want it to be repealed.

The law of gravity is suspended if one calls at the wrong house, and the brace of Rottweilers chase him down the garden path as he clears that 6 foot fence in one leap.