Bailiffs coming

[coll754]

Hi,
Ok this is my situation, any help or advice would be great.

On the 3rd sept my partner received a bailiff notice for unpaid council tax, bailiff coming on the 5th, big red letters saying 48 hour removal
from mr ian hobson acting for jacobs enforcment.
she does not have the means to pay in full, and ive read alot of stuff trying to find stuff out. from what ive ready this mr hobson isnt so nice over the phone so she has not phoned him yet. she phoned jacobs trying to setup a payment scheme but they keep saying its not them and need to speak to ian hobson.
Ok so can someone tell me what her options are here, the council wont speak to her about it, they just say speak to the bailiff.
a few questions:
1) If we dont let him in what happens?
2) she lives alone with kids and doesnt like the thought of a stranger turning up, can they just turn up unannounced?
3) she has a car on HP and can prove it, is that safe from the bailiff? ive read he will still threaten to take it.
4) what sort of things can they take? dont have much electricle value in the house but i wouldn't like them taking the settee, dining table, chairs etc etc...
5)If she speaks to him at the front door can he let him self in? she has a double front door so one can be locked while she speaks at the other, kinda like a bricked up porch.

Thanks in advance
Coll

[Kati]

Re: Bailiffs coming

1, He cannot force his way in - CT bailiffs can only enter a property peaceably. Just refuse him entry!
2, If she feels threatened/scared, she can talk to him through the letter box, a window or with a chain on the door
3, He cannot take a car that is on HP, but it is better to park it away from the property anyway
4, He cannot take anything inside if he's not allowed entry.

What sort of notice did she get??

Is this the first letter she has had from them??

Which Bailiff Company??

Which council??

Take a look at these attachments to help you understand the new bailiff regulations :tinysmile_grin_t:

Kati

[Guest]

Re: Bailiffs coming

Answers:

1. Nothing
2. Yes-Other than it must be at least 7 CLEAR days after the Notice of Enforcement. (in practice, bailiffs are generally waiting a little longer)
3. It should be safe provided it is a bona fide HP agreement and not a bank loan. Bailiffs do try to bluff possession of vehicles on HP but guidance from the informed posters on here should deal with any stunt they may pull.
4. None if she doesn't let him in.
5. No-Although I wouldn't even speak to him. Let him carry on knocking until he gets bored & goes away.

Most importantly, your partner must speak to him (or give permission for you to speak). She must stop the bailiff visiting as this will cost a further £235.

The bailiff should be phoned and an offer to make payments in instalments. Record the conversation if possible. The bailiff will refuse the offer and ask for a ridiculous amount that your partner won't be able to afford. Ask him if this is final and when he tells you that it is, advise him that you will be putting a formal complaint into his office and the council as you feel that you are being forced into a punitive payment plan that you can't afford. Ask him to suspend action until he receives notification from his office to continue and that if he does visit after being advised of the complaint, any fee will be invalid.

[Kati]

Re: Bailiffs coming

The bailiff should be phoned and an offer to make payments in instalments. Record the conversation if possible. The bailiff will refuse the offer and ask for a ridiculous amount that your partner won't be able to afford. Ask him if this is final and when he tells you that it is, advise him that you will be putting a formal complaint into his office and the council as you feel that you are being forced into a punitive payment plan that you can't afford. Ask him to suspend action until he receives notification from his office to continue and that if he does visit after being advised of the complaint, any fee will be invalid.

well said ST

[coll754]

Re: Bailiffs coming

1, He cannot force his way in - CT bailiffs can only enter a property peaceably. Just refuse him entry!
2, If she feels threatened/scared, she can talk to him through the letter box, a window or with a chain on the door
3, He cannot take a car that is on HP, but it is better to park it away from the property anyway
4, He cannot take anything inside if he's not allowed entry.

What sort of notice did she get??

Is this the first letter she has had from them??

Which Bailiff Company??

Which council??

Take a look at these attachments to help you understand the new bailiff regulations :tinysmile_grin_t:

Kati

Hi, not sure on the notice, does not say notice of enforcement or anything, just says in big red letters removal in 48 hours
bailiff company is jacobs enforcement agency in liverpool,
and its kirklees council

[Kati]

Re: Bailiffs coming

If they haven't been allowed inside up to now, then they cannot gain entry by force. As The Starving Taxpayer has said, when a Notice of Enforcement has been issued the bailiff must give 7 clear ays before he can return.

Has she had any previous letters/visits from the bailiff??

Are you able to post up a copy of the letter (with identifying bits removed)??

I'm assuming that your partner is wanting to arrange a payment plan of some sort to clear the debt?? If this is correct, then the bailiffs should agree to an affordable payment schedule (she may have to show proof of low income etc...)

Kati x

[coll754]

Re: Bailiffs coming

this is exactly the same letter, wording is same but this is example i found on internet, the amount is different and its kirklees council . and yes its the first letter.
she is hoping for a payment plan yes

[seduraed]

Re: Bailiffs coming

I've had several of those over the years . Often they dont show up . Telephone the bailiff and make a sensible and affordable offer . Record the phone call . If possible have an independant witness listening to the conversation as well . then follow the steps listed previously . You dont want a bailiff visit because of the additional costs . Is this a case of head in sand ? Try to get the council to recall the debt dont be pt off that they say they cant.

[Guest]

Re: Bailiffs coming

Have you received (and not responded to) previous correspondence?

Note-"Removal may take place in your absence"

Very scary eh? In practice, this means that if something of value is outside your home, they MAY remove it. Councils usually require their bailiffs to give a debtor opportunity to pay before removal takes place.

[Kati]

Re: Bailiffs coming

email customer.standards@kirklees.gov.uk to inform the council of the bailiffs threatening attitude??

[coll754]

Re: Bailiffs coming

Yes head in sand abit i guess.
Thanks kati i will try an email, atm she is waiting on some advice from the CAB and were not gonna entertain the bailiff if he shows. Not coming in and try and get the council to take it back and set up a payment plan.
Thanks for the advice!

[Guest]

Re: Bailiffs coming

If the letter has been delivered by hand, there is a good chance that Jacobs have now added the £235 enforcement fee.

This is a double edged sword as although you've incurred the fee, Jacobs cannot legally charge you a penny more-Unless they begin the removal process. In order to do this, they must have control of your goods.

This places you in a very strong bargaining position as all they have left is hot air & idle threats. They now effectively have to accept your offer of weekly/monthly payments or continue to visit in vain.

You could even go one further & tell them that you will only be prepared to deal with them if the £235 fee is removed, otherwise, you will be paying the council direct (minus the bailiff fees). Whether you actually do this is up to you. I personally would as I've read of several cases recently where the bailiffs simply gave up and wrote off their fees. There are however scaremongers on here who will try to make out that going down this road is akin to risking being shot at dawn

[Kati]

Re: Bailiffs coming

If the letter has been delivered by hand, there is a good chance that Jacobs have now added the £235 enforcement fee.

This is a double edged sword as although you've incurred the fee, Jacobs cannot legally charge you a penny more-Unless they begin the removal process. In order to do this, they must have control of your goods.

This places you in a very strong bargaining position as all they have left is hot air & idle threats. They now effectively have to accept your offer of weekly/monthly payments or continue to visit in vain.

You could even go one further & tell them that you will only be prepared to deal with them if the £235 fee is removed, otherwise, you will be paying the council direct (minus the bailiff fees). Whether you actually do this is up to you. I personally would as I've read of several cases recently where the bailiffs simply gave up and wrote off their fees. There are however scaremongers on here who will try to make out that going down this road is akin to risking being shot at dawn

I'd do it too ST :tinysmile_twink_t2: - the ones that came to mine didn't send letters first (or they went to the wrong house) so I just refused to entertain them in the slightest

Might not be what others would suggest, but a cleverly worded complaint can work wonders.

[coll754]

Re: Bailiffs coming

Well as it stands they didnt come before she left for work and i will be there all weekend. So i wont be entertaining them at all. They have refused a payment option so for now she is concentrating on getting the council to take it back. We sent it a letter so we'll see what happens.

[Kati]

Re: Bailiffs coming

Keep us up to date with any new developments :tinysmile_grin_t:

and just ask if you need any advice!!