Resend my activation email : Register : Log in 
BCF: Bike Chat Forums


Bailiff help?

Reply to topic
Bike Chat Forums Index -> Random Banter
View previous topic : View next topic  
Author Message

Cigaro
World Chat Champion



Joined: 28 Mar 2007
Karma :

PostPosted: 10:19 - 18 Aug 2008    Post subject: Bailiff help? Reply with quote

Hi,

I owe the council £2400 for council tax, who have passed it to a debt collection agency.

I phoned the collection agency today to offer them £100 a month, which is all I can afford - they say they want at least £240 a month over 10 months. There is no way in hell that I can pay this.

The last letter they sent was a notice that someone is coming to remove my goods. Now i know that as long as I keep my windows shut then there is no legal way that they can get into the house - but I'm worried about my bike, which is kept in the back yard.

I do use it for work (to visit customers, etc) when no van is available - does this mean they can't take it? Should I get a letter from my boss to this effect?

I don't really have anything else of value in my house.

When I phoned them they said that the bailiff will 'come round to discuss the situation' next week, and will phone me beforehand. Surely if I have offered to repay it, at a reasonable rate (£100 a month isn't that bad, is it?) then they can't seize my goods?
 Back to top
View user's profile Send private message You must be logged in to rate posts

Paivi
World Chat Champion



Joined: 30 Sep 2005
Karma :

PostPosted: 10:45 - 18 Aug 2008    Post subject: Reply with quote

As time may be of essence, I'd talk to the CAB for some proper info, not the BCF rant you might otherwise get.

If you own your property, I can't see why £100 wouldn't be enough, as presumably you still have to pay the current council tax on top. If you're renting, though, presumably they want you to pay off the arrears within the normal 12-month tenancy.
____________________
My other bike's a Monster... Wink
 Back to top
View user's profile Send private message You must be logged in to rate posts

Cigaro
World Chat Champion



Joined: 28 Mar 2007
Karma :

PostPosted: 12:00 - 18 Aug 2008    Post subject: Reply with quote

I don't own the place, I rent it, but I've been there for a year and a half.

Bugger it. I may just move back in with my parents to clear all my debts, and stop fucking about. It's time I got all this sorted.
 Back to top
View user's profile Send private message You must be logged in to rate posts

Ariel Badger
Super Spammer



Joined: 02 Dec 2006
Karma :

PostPosted: 15:36 - 18 Aug 2008    Post subject: Reply with quote

Get really drunk and post some threats and the bailif's phone number on here.
Keith will remove them for you in the morning. Mr. Green
____________________
Bikers make great organ donors, get 115 on your licence today.
 Back to top
View user's profile Send private message Send e-mail You must be logged in to rate posts

Kal
World Chat Champion



Joined: 02 Jan 2007
Karma :

PostPosted: 21:12 - 18 Aug 2008    Post subject: Reply with quote

Has it been to court? If it has not been to Court then they have no legal power to seize assets - if and when it does offer to pay the £100 a month. If you can demonstrate it is all you can sustainably afford and it is a reasonable amount they will accept that.

Oh and write to the council now offering to pay the debt at a 'sustainable level' of £100. Keep a copy of the letter and any responses you get, they may tun out to be useful.

Not sure what the deal is on goods outside your property but until there is a warrant to seize goods from a court then they cannot damage your property, which includes your locks. Lock the bike to something. Thumbs Up
____________________
Kal...
I Like To Hoon It Hoon It I Like To Hoon It Hoon It I Like To Hoon It Hoon It Ya Like To (HOON IT!).

1984 GB250 Clubman,1983 CB250N Superdream, 1999 GPZ500S
 Back to top
View user's profile Send private message Send e-mail You must be logged in to rate posts

Cigaro
World Chat Champion



Joined: 28 Mar 2007
Karma :

PostPosted: 09:45 - 19 Aug 2008    Post subject: Reply with quote

Cheers for the help everyone.

Like I say I think I'll just move out and offer them £100 a month or nothing (they won't get my new address).

It'll give me a chance to clear my other debts too and get my life straight.

Kal, unfortunately it has gone to court. Interesting fact about the locks though, cheers Smile
 Back to top
View user's profile Send private message You must be logged in to rate posts

TheDonUK
World Chat Champion



Joined: 20 Feb 2006
Karma :

PostPosted: 10:14 - 19 Aug 2008    Post subject: Reply with quote

Damn, be careful though, from what i understand council tax debts are one of the few things bailiffs dont need prior access for, as far as i know if they have a court order for council tax debt they can force entry? Goodluck..
 Back to top
View user's profile Send private message You must be logged in to rate posts

map
Mr Calendar



Joined: 14 Jun 2004
Karma :

PostPosted: 10:39 - 19 Aug 2008    Post subject: Reply with quote

TheDonUK wrote:
...from what i understand council tax debts are one of the few things bailiffs dont need prior access for, as far as i know if they have a court order for council tax debt they can force entry? Goodluck..

Not according to a trawl of google...
See here
community legal advice wrote:
...They are not allowed to force entry unless you have let them in on a previous visit...


The Citizens Advice Bureau have this site
CAB wrote:
...Bailiffs collecting council tax have no power to force initial entry or break open an outer door if it is either locked or bolted. They must enter a property peacefully through an unlocked door or through an open window. They may not enter through a closed window, even if it is not locked. They cannot obtain a court order to gain entry and the police have no power to force entry on their behalf.

Bailiffs can only force entry if they have previously gained peaceful entry. However, bureaux have continued to report problems with bailiffs misrepresenting their powers of entry, falsely claiming that they can force entry or have a warrant that allows them to force entry or that they will return with the police who will force entry on their behalf.

This problem has been further complicated by the implementation of Section 27 and Schedule 4A of the Domestic Violence, Crime and Victims Act 2004, which, since 18 July 2005, have allowed bailiffs to force entry in connection with unpaid magistrates’ courts fines. Bureaux have reported that some bailiffs’ firms have claimed that this power extends to other debts, including council tax arrears. This is not the case. ...


Keep your doors locked and windows closed.

Hope this helps Thumbs Up
____________________
...and the whirlwind is in the thorn trees, it's hard for thee to kick against the pricks...
Gibbs, what did Duckie look like when he was younger? Very Happy
 Back to top
View user's profile Send private message Send e-mail Visit poster's website You must be logged in to rate posts

Kal
World Chat Champion



Joined: 02 Jan 2007
Karma :

PostPosted: 14:53 - 19 Aug 2008    Post subject: Reply with quote

Quote:
17 Where paragraph 18 or 19 applies, an enforcement agent may if necessary use reasonable force to enter premises or to do anything for which the entry is authorised.


Tribunals, Courts and Enforcement Act 2007
____________________
Kal...
I Like To Hoon It Hoon It I Like To Hoon It Hoon It I Like To Hoon It Hoon It Ya Like To (HOON IT!).

1984 GB250 Clubman,1983 CB250N Superdream, 1999 GPZ500S
 Back to top
View user's profile Send private message Send e-mail You must be logged in to rate posts
Old Thread Alert!

The last post was made 17 years, 225 days ago. Instead of replying here, would creating a new thread be more useful?
  Display posts from previous:   
This page may contain affiliate links, which means we may earn a small commission if a visitor clicks through and makes a purchase. By clicking on an affiliate link, you accept that third-party cookies will be set.

Post new topic   Reply to topic    Bike Chat Forums Index -> Random Banter All times are GMT
Page 1 of 1

 
You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot vote in polls in this forum
You cannot attach files in this forum
You cannot download files in this forum

Read the Terms of Use! - Powered by phpBB © phpBB Group
 

Debug Mode: ON - Server: birks (www) - Page Generation Time: 0.05 Sec - Server Load: 0.29 - MySQL Queries: 14 - Page Size: 63.98 Kb