Worried about bailiff

[kaput]

Hi,

The story is, several years I left university during the academic year, and became jointly liable for council tax with another housemate who was working. I was not working and received CT benefit, until I found a job at which point I dutifully paid my share. I moved out shortly afterwards. It turns out my housemate did not pay his share and is presumably now living with his parents and is difficult to find. I'm still paying council tax to the same LA at my current address. It seems the Bailiffs or the Council have been able to trace me through the Council Tax records, and are now demanding I pay the remainder. I understand that I do have joint and several liability with the other person, and do intend to arrange a repayment plan with the Council and then try and track my former housemate down and make a claim against him.

However, my worry right now is that the Bailiffs may have an excellent opporunity to gain entry to my flat next week. My LL has my flat on the market and there will be a 1hr open viewing next Saturday. The estate agent will be here to answer the door, but I'm worried the bailiff may turn up and get the estate agent to let him in.

I know that a Bailiff can't get somebody inside the property (such as workmen) to let him in, but I'm unsure how I would use this rule to prevent the removal of my goods if he gains entry next weekend.

Please advise I just want this debt returned to the Council so I can make an offer and not have my possessions that I've worked hard for at risk.

I have given notice to Rossendales in respect of my mental health problems and suspect Aspergers that I am 'vulnerable' and that they should return the debt to the Creditor. I have also told the Council the same (although they should have already been aware) and have asked them to return the debt to their own administration.

Thank you.

[Guest]

Re: Worried about bailiff

This is a very tough situation as you are entirely blameless.

There is no harm whatsoever in writing to the council, outlining your predicament in detail. You are clearly not trying to avoid payment (despite the fact that the bill is not even yours).

I presume that you don't have the sum up front or the means of borrowing it? If so, you could pay the debt directly to the council.

Realistically, it would have to be terrible bad luck for the bailiff to visit during the 1 hour time slot of the viewings.

Bear in mind also that the bailiffs need to give you 14 days from the date of the letter before they can visit.

My real worry is that they will hold onto this until April 6th when they can charge £75 for sending a letter.

It is vital that you communicate with them. Of course there is another option, you could arrange a repayment plan over the phone directly with Rossendales, without them visiting. They will lie to you & tell you that this is not possible but it is. Personally, I wouldn't want to deal direct but if it saves you money, it may be the best solution, provided that you can maintain payments.

One possible long shot is a formal complaint to the council. grounds being that you were in receipt of benefit at the time & was not liable for the full amount. Ask for the bailiff action to be suspended whilst your complaint is being investigated which will give you a bit of breathing space.

Sorry I can't think of anything more conclusive-Hopefully someone else will be able to.

[kaput]

Re: Worried about bailiff

Hi,

Thanks for your reply. Rossendales have already visited several times and made charges of £24.50, £18, and £155 (presumably a van fee, which I am contesting).

I agree it would be very bad luck for the Bailiff to attend at that time. My worry is that they're clever, and have seen the for sale sign, and may arrange a viewing.

Unfortunately I have no means to pay the council tax up-front as my money is being tied up with the costs of moving at the end of the month, am repaying council tax from a period of unemployment last year, and am now paying this year's council tax.

[Guest]

Re: Worried about bailiff

Have they levied upon anything that you are aware of?

In order to charge a van fee, a valid levy must be in place.

Have they previously been inside your property?

Have you entered into or signed any agreements?

[kaput]

Re: Worried about bailiff

Sorry, should have clarified. I've had no direct contact with them (only their letters delivered in my absence), they've never been in my property, and I have no goods outside of the property that could be levied upon. I haven't entered into any agreement with them. They haven't specifically called it a van fee, in fact they left a letter and my debt had simply gone up by £155 with no explanation. They also stated in that letter that they will return at their convenience to remove my possessions.

[Guest]

Re: Worried about bailiff

You really need a breakdown of fees. Write asking for a breakdown, to include the date any fee was incurred, the amount and the header from Shedule 5 in which the fee fell under. The most they can charge without a levy is £42.50 over 2 visits.

I'd go for a formal complaint over the charges and the fact that the council are charging you "full whack" despite the fact that you were on benefits. It may get action suspended. You need these fees sorted in a ny case.

[kaput]

Re: Worried about bailiff

Today there's a sign outside saying "OPEN HOUSE SAT 1-2PM". Now the Bailiff doesn't even have to randomly turn up. He could call during this week, see the sign, and make a point of returning this weekend.

I've sent notice to Rossendales and my Council that I'm "vulnerable" so in theory they shouldn't call at all.

I need seriously consider the possibility of them turning up, and I need to be ready to get them out.

[ploddertom]

Re: Worried about bailiff

You say you have sent them notice you are vulnerable, but have you actually sent them any proof of same?

[kaput]

Re: Worried about bailiff

The Council has proof on record from when I claimed CT Benefit last year (the same issues were used in support of a backdated claim which they agreed to). I have sent a formal complaint to them saying as much, and asking them to explain why they have passed on the debt to a bailiff for a known vulnerable debtor. They also failed to give any notice of bailiff attendance at my current address.

[ploddertom]

Re: Worried about bailiff

You still need to send proof of your current status even if it is duplicated, there can then be no doubts.

[kaput]

Re: Worried about bailiff

Right so I'll be sending a copy of my letter via email anyway, so I'll attach the evidence I have.

In any case I still need to be prepared for the weekend. It's a really tricky situation because if I deny all access then the LL will be less inclined to give a reference, which is required by the new letting agency. I'd lose hundreds of pounds and probably end up homeless.

So:

1. The debt is from an old student address and the Council did not sent notice of attendance to my current address. I've read on one of those 'other sites' that any levy that follows is invalid, but I wanted to check on a site that isn't trying to sell me 'bailiff kits'.
2. The estate agent will be answering the door. If the bailiff solicits entry from somebody that isn't me, then is it true that that entry is not peaceful, but in fact deceptive, and that any levy would be invalid? And would I then be within my rights to eject the bailiff with reasonable force?
3. If I notify the bailiff upon entry of my vulnerable status, is it true that he must then withdraw and refer to the creditor?

[ploddertom]

Re: Worried about bailiff

1 - They only need to send any notices to your last known address.

2 - An open house is being advertised so I doubt the Estate Agent would know a Bailiff is attending. He can be asked to leave at any time providing he has not commenced making a levy.

3 - this is why it should be done prior to any visit. Whatever you send to the Council should be copied to the Bailiffs as well.

[kaput]

Re: Worried about bailiff

1. As I'm registered for Council Tax at this address, and the Bailiffs were able to find it, isn't this address my last known address? I'd been here almost 14 months before the Bailiff attended.

2. At what point would he be considered to be making a levy?

[ploddertom]

Re: Worried about bailiff

1. As I'm registered for Council Tax at this address, and the Bailiffs were able to find it, isn't this address my last known address? I'd been here almost 14 months before the Bailiff attended. Your last known address in this instance would have been where the Liability Order was made, unless you notified them of your change of address when you moved.

2. At what point would he be considered to be making a levy? When they start making a list of goods they could remove with a view to selling them at auction, usually the quickest way to spot this is when he gets pen & paper out.

PTPT

[kaput]

Re: Worried about bailiff

Thanks. I think the best strategy might be to answer the door with the Estate Agent. A bailiff would be easy to spot. They'd have to be carrying the necessary documentation, so they'd have a clipboard or folder of some sort. They'd have to make their way through the communal entrance before getting to my flat, so I'd be able to stop them at that point.