Rossendales-do i need to speak with the bailiff?

[Madmartigan]

Hi im new to the site. I have read through alot of posts on help with bailiffs..

brief what happened- I basically on the 17th on june opened the door to a bailiff that i wasnt expecting it seems i owed council tax that my partner should have been paying but didnt and didnt tell me....before i knew what was going on he asked my name was , and me not knowing of anything being wrong said yes. He then went to explain the debt and i described how i didnt know and thought council tax was being paid i was then threatened with jail. I instantly said i couldnt afford the £1036.36 owed in one lump sum and offered to pay a good chunk a month not stating an amount.
He then went on to tell me no i cant and if its not paid in full i shall be going to jail and give me a liability order/warrant of execution dated for 08/01/2013 with call now and his number.....now me being halfway through my military selection this could have ruined it and i said i would talk to my partner about the details he then walked off saying in full or your being commited to prison.

Later that day i rang him up again offering to pay in installments. He then threatened to be around in 1 hour with police. my partner then rang him again in a panic and said she will see if we could get the money. The next day he tried to knock again while i was in shower and dropped off the second letter with final notice on it a magistrates liability order/warrant of execution dated for 08/01/2013 giving me 24 hours to pay in full or ring and arrange a time for him to come and take goods...obviously i didnt as i learned because he hasnt entered he has no powers....

I could do with some advice on how to talk to him or how to treat him now in my situation......i have since rang the council with an offer and they noted it and got to ring on monday its going to be a long couple of days

thanks very much for any advice.

Madmartigan

[Inca]

Re: Rossendales-do i need to speak with the bailiff?

Hi + to LegalBeagles...honestly you won't be off for a stint in jail anytime soon (well,,not for this lol)
Someone will pop by and help you..just don't answer the door to the bailiff ,shut the windows and DO NOT ring him

[bluebottle]

Re: Rossendales-do i need to speak with the bailiff?

As per usual, Rossendales are engaging in lower gastro-intestinal ventriloquism, otherwise known as talking out of one's backside. If this is the first you have heard about this, then it sounds like Rossendales are using scare tactics. The threats he made are totally unlawful. I would say that the bailiff has come very near to committing a criminal offence, if not, committed an offence by making the threat he did. Only a court can send you to prison and, even then, you would be entitled to appear before the court to put your case as to why you have not paid.

Have you spoken to the council involved and, more importantly, spoken to you partner as to why CT has not been paid and why you have not been told? Also, have you seen any letters from the council about non-payment of CT? Your partner certainly has questions to answer. Do not let the bailiff in.

[Madmartigan]

Re: Rossendales-do i need to speak with the bailiff?

Ok bt being light nights I don't want curtains shut so what if he sees I'm in what do I do then. Oh and btw I'm sitting partner down and quizzing I can't find letters as of yet.

[Inca]

Re: Rossendales-do i need to speak with the bailiff?

You don't have to 'hide' in your house,,as long as he can't gain 'peaceful' entry (through an open door or window).
Chat to him through the letterbox if you want (I wouldn't)

[bluebottle]

Re: Rossendales-do i need to speak with the bailiff?

Ok bt being light nights I don't want curtains shut so what if he sees I'm in what do I do then. Oh and btw I'm sitting partner down and quizzing I can't find letters as of yet.

You need to find out if any letters from the council have arrived at your home concerning CT and where they are. More to the point, why hasn't your partner been making the payments as you agreed between yourselves. Direct Debit is usually the preferred and easiest way to pay CT.

[Monzter]

Re: Rossendales-do i need to speak with the bailiff?

No expert but there are some on here and they'll be along in due course, sorted me right out. Just don't answer the door and don't ring him, as you've found out he's already had go at scaring you into paying what he demands without question, he'll keep going, trust me I've had that threat thrown at me along with the threat that my kid taken into care too!

Even if he sees you, just ignore him and make sure all your windows/doors are securely locked so he can't gain peaceful entry that way. Sit tight, someone will be along to help you.

[Madmartigan]

Re: Rossendales-do i need to speak with the bailiff?

Not sure the reason she hasn't paid. All this time thought she had been paying. It is an obvious lie . I will deal with relationship after the debt. Asked her about letters and she has said she doesn't know. Just a matter of dealing with this guy until he gives in and goes back to the council. Do the try knocking for long until spitting dummy out?

[bluebottle]

Re: Rossendales-do i need to speak with the bailiff?

It would be best if you deal direct with the council and explain the situation. Ignore any crap about you having to deal with the bailiff. The fact is there is nothing in law that says you have to deal with a bailiff. Do you have the means to pay the CT arrears in full or in instalments. If you pay by instalments, pay using the council's automated payment system so that it builds up a payment history. This shows the council the arrears are being paid and makes it harder for them to justify any further enforcement action.

I would also make the council aware of the bailiff's lies and also obtain the bailiff's name and name of the county court that issued his bailiff certificate. I very much doubt you will have to go to the extent of reporting him to the District Judge at that court, but if he knows you have that information, then he knows there is a risk he could be called to account for his actions.

[Madmartigan]

Re: Rossendales-do i need to speak with the bailiff?

£760.36 is my actual CT bill. £1036.36 is what is on bailiff letters. I looked on registered bailiff site. He is only one with his name in rossendales that is male

[bluebottle]

Re: Rossendales-do i need to speak with the bailiff?

£760.36 is my actual CT bill. £1036.36 is what is on bailiff letters. I looked on registered bailiff site. He is only one with his name in rossendales that is male

At least you now know he is currently registered and which court to complain to, if necessary. Right now, he and Rossendales need to explain their fees. £276.00 seems rather a lot for two visits, the maximum for which is £42.50. Write and ask for a free breakdown of fees. There is a template letter in the Useful Letters section of the Bailiff Forum.

[ploddertom]

Re: Rossendales-do i need to speak with the bailiff?

I'd call his bluff and tell him as you can't get everything together you are sitting with bag packed ready to go to prison and what time will he be coming for you.

Ok so that is said partly in jest. He is overstating his authority - did anyone else overhear him telling you this? Already you have enough not to be trusting him. Would be intersting to find out where he has got his figures from apart from the fact he can't add up. Providing you have not allowed him entry to your home or he has not made a levy on goods outside the maximum you can be charged is £42-50 in fees. Send Rossendales Letter 1 from http://www.legalbeagles.info/forums/...Useful-Letters , best done initially by email followed by a copy in the post. If you email tonight you can post tomorrow.

[Inca]

Re: Rossendales-do i need to speak with the bailiff?

Can I just say,,and please don't think I'm justifying what's happened, but please don't rip into your partner,,ask her,cajole her,,there must be a reason she's hidden this from you . She does need to 'fess up about any letters she's received though,that information could be crucial.

[ploddertom]

Re: Rossendales-do i need to speak with the bailiff?

There is no law that says you have to speak to or deal with a Bailiff. Best way is to ignore him. What will happen if you do this - well it does upset the poor dear and he gets vociferous with his threats but once he realises he isn't getting anywhere he will move on to pastures new. In the meantime you may make payment via online banking, Council website or automated phone - if you do pay a regular amount - £10 every Thursday for example. This quickly builds a payment history and makes it awkward for the Council to take any further action.

[ploddertom]

Re: Rossendales-do i need to speak with the bailiff?

If there is a bit of doubt over what has been received previously then simply ask some questions. You need to speak to someone at the Council and ask the following questions:
1 - how many Liability Orders they have against you
2 - the dates they were obtained
3 - the addresses they were for
4 - the period of time each covers
5 - how much each one was for
6 - how much is still outstanding
7 - the dates they were passed on for enforcement
8 - the dates & amounts of any payments