Under threat from the bailiffs

[ferallite]

Hi I really hope someone can help me as I am running out of time fast!

I haven't paid my council tax and had a visit from Rossendales bailiffs last year and stupid me let them in didn't I and even sillier me signed their walking possession thingy!!! I started off well by paying them in installments and all I can say is life took over and I've all kinds of other issues in my life and I never got round to paying them after I ran out of payment slips for the bank. The next thing I know I gets a "Notice of removal proceedings" I phoned the bailiff up and he said he doesn't deal with negotiations and that its too late for any of that and I had 7 days to pay £1051.50 (last thurs 10th) or he will come take my goods to the value. I called citizens advice and the lady there said that if I signed the possession order then there is nothing I can do and I either come up with the money or they have every right to break in and take my stuff....not that I've got much to take!

Is there any other way?

Can anyone help me?


Many Thanks

[enaid]

Re: Under threat from the bailiffs

Hi again Cel has said she will take a look at your problem, if you go to the Bailiffs forum there is lots to read up on. Just click on you will see quite a few threads with lots of different situations. Even if these do not help you in your problem, you will at least see you are not on your own.

[Nattie]

Re: Under threat from the bailiffs

Ferallite, I will alert others to take a look at this, as Enaid has already asked Celestine to look at the thread I will await and see what she advises before making any further remark. We will get you through it so please don't worry(easy for me to say, I know).

[ferallite]

Re: Under threat from the bailiffs

Thanks for your support Enaid.

I'm unsure where the Bailiffs forum is which you mentioned, I thought that this was it?

I'd appreciate if you could point me in the right direction.

Ta

[ferallite]

Re: Under threat from the bailiffs

Nattie many thanks for your supportive reply too. Solowka was right, your a great bunch of people! A problem shared really does help, I've been letting it build up out of proportion and have been running scared!

[Nattie]

Re: Under threat from the bailiffs

Ok for starters this is what a walking possession order is
What is a walking possession agreement?
A walking possession agreement means that the goods that have been seized now legally belong to the bailiff and can be removed at any time. However, s/he will allow them to remain in your home and you can continue to use them providing you keep your side of the agreement, e.g. you make agreed payments.
In order for a walking possession order to be valid, a bailiff should have gained peaceful entry to the property and seized the goods. It is not enough for a bailiff to list items that they have seen through a window and push a walking possession order through the letterbox for you to sign and return. You should never sign a walking possession order in these circumstances. There is a daily charge for a walking possession order that you must pay, on top of the original debt you owe if they are sold. Remember that goods will be sold at public auction and typically will sell for about 10% of their original value. This means that if you owe £50, a bailiff will probably try to seize goods to the value of at least £500.
A bailiff must only seize goods that belong to the person who owes the money, although any goods in the house can be seized for distress or rent. In practice, many bailiffs will attempt to seize any goods of value at a house they visit - it will be up to the individual to prove ownership afterwards. If you have receipts showing someone else bought the goods then you should show the bailiff these.

[enaid]

Re: Under threat from the bailiffs

Bailiff Issues - Legal Beagles

There you go quite a bit of info an there, hope it helps.

[Nattie]

Re: Under threat from the bailiffs

for further info

Are there any goods that the bailiff cannot seize?
Bailiffs (except bailiffs acting on behalf of the magistrate's court - see below) cannot seize the following goods:

• tools, goods, vehicles and other items of equipment necessary for use by you in your employment, business or vocation;
• clothing, bedding, furniture, household equipment and provisions as are necessary for satisfying the basic domestic needs of you and your family

Bailiffs acting on behalf of the magistrates' court cannot seize the following goods:

• clothing, beds and bedding tools of the trade
• basic domestic needs of the family would normally include fridge, cookers, freezers, but may not include video recorders, second TV's, jewellery, washing machines, stereos or microwave cookers.

[Nattie]

Re: Under threat from the bailiffs

Can I hide goods?
It is not unlawful for you to remove goods from your house or hide them before a bailiff visits unless the bailiff is distraining for rent. Remember that a bailiff, having gained peaceful entry, can return at any time and if s/he believes that goods have been removed or hidden prior to their visit, this is likely to happen.

[michael]

Re: Under threat from the bailiffs

Do all the items listed on the WP belong to you?

Bailiffs cannot seize goods belonging to someone else, but must be provided with proof such as receipts.

Failing this documentary proof. the third party can make a statutory declaration that certain named items belong to him and may not be seized.

This costs about £5 if sworn before a commissioner for oaths/solicitor who signs and stamps it.

Then you scan it, email it, fax it, post a hard copy recorded delivery. The bailiffs should then release these items from the levy.




—

STATUTORY DECLARATION

To: (the bailiffs) (their address)

I (your name)

of (your address)

Do solemnly and sincerely declare that:

the items listed (list them) are not the property of (your friends name) and (reason why they were there) and have always been my sole property

And I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Statutory Declarations Act 1835 and Section 5 of The Perjury Act 1911.

Signature:

Declared at

On the day of two thousand and

Before me

A Commissioner for Oaths, or Notary Public/Justice of the Peace/Solicitor having the powers conferred on a Commissioner for Oaths.

[ferallite]

Re: Under threat from the bailiffs

Michael, Yes the items belong to me and certainly will not fetch £1051.50 at auction. Thanks for the informative post.

Enaid and Nattie thanks also.

Do you think maybe its too late to ask the council for a last minute reprieval, although they have every right not to trust me after my none paying habits.

Oohhh I've learnt my lesson this time!

[WendyB]

Re: Under threat from the bailiffs

To be honest I don't think you'd have much luck with the council, this happened to me ages ago and the council, although very nice, said basically that once it had gone to the bailiffs that was that and iIhad to deal with the bailiffs. Although I never got as far as the walking possession order cos I managed to keep to the instalments. I wonder why the council didn't get an attachment of earnings before giving it to the bailiffs, that way they would have just had it straight out of your wages so no need for the bailiffs.

As mentioned above, if there's nothing of value to take then they won't be able to take it though, will they....

I wouldn't be sure, but I think they can seize your car as well, thats what they said they'd do to me, although the car on the drive had been broken down for ages so it would have been quite amusing to watch them trying to take it away. So best not to have your car(if you have one) anywhere near your house either.

[Guest]

Re: Under threat from the bailiffs

Rossendales have a habit of sending uncertificated bailiffs - PM me with the name of the bailiff and whereabouts in the country you are and I will check. I cannot do this until tomorrow morning, but if the bailiff did not have a certificate issued by a court, then the WPA is invalid and Rossendales and vicariously the Council, have committed a criminal offence.

Please only do this via PM, do not publish the name of the bailiff on the open forum.

[Solowka]

Re: Under threat from the bailiffs

Feral, can we have an update please?

[ferallite]

Re: Under threat from the bailiffs

Hi Solowka,

The latest is that it looks like I haven't had a last minute reprieve.

Cetelco tried to help and even tracked the bailiff to see if he had a certificate issued by a court and unfortunately he did!

Anyway I've drawn the money out and am ready for him. Credit cards do come in handy.....sometimes!

Now all I need to do is get creative with some money making ideas.

Thanks to all who took the time and trouble to help and support me

Feral