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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

To not know what to do when bailiffs are at my door!! Help

51 replies

Serendipity30 · 02/10/2013 19:13

Hello need some advice, I know this is not AIBU but i know i will get good advice quickly

I came home today only to find a hand delivered letter from a bailiff, telling me if I don't within 24 hours. They will break into my home and take my possessions.

This is due to a council tax bill. My agreement is to pay £100 a month to the council on the 15th of every month. However in August I went on holiday and on my return on the 27th August I paid my bill which was now a week overdue. The following month I then paid £100 as normal. On my return from holiday there was a warning letter from my council regarding the bill. I ignored this and just paid the bill thinking it would be fine.

I tried to call the bailiff but it went to voice mail. I have never been in this position before what do I do? :-(. I know they will be back.

OP posts:

catgirl1976 · 02/10/2013 19:20

Breathe

Firstly, do they have a warrant?

You need to call them and explain the situation AND call the council.

DO NOT let them in unless they have the police with them. Call the police yourself if you are worried (non emergency)

Keep calling the ballifs until they answer

dexter73 · 02/10/2013 19:20

Citizens Advice Bureau

sarahtigh · 02/10/2013 19:20

they are not allowed to break in
however if you let them in they can so I suggest locking doors etc
tell them the debt is in dispute you had an agreement though august payment was late it was paid you paid september's and I presume october's is not due yet

also tomorrow get in touch with council to remind them you are now upto date and to get them to call bailiffs off

go onto a site which will tell you exactly what bailiffs are allowed to do and not and what charges they can make

it is not like you are not paying your debt so just do not under any circumstances open door

Imnotaslimjim · 02/10/2013 19:21

Contact the council direct first thing tomorrow, and find out where the error is. TBH you should have done that when you go the first letter, though I do understand why you thought it was just an admin error

As long as you are up to date, the council will be able to call them off, and remove any added charges from the bailliffs

If the bailliffs come back, tell them you are in contact with the council, BUT DO NOT LET THEM IN. They can't break in to remove your goods until they have already been across your threshold by invite. Also don't sign anything, they can't force you to

catgirl1976 · 02/10/2013 19:21

If you have any concerns, ask the bailiff to show an identity card. A bailiff cannot use force to gain entry into a domestic property on their first visit: they can only use “peaceable means”.

Entering through an open or unlocked door, or via a window without causing any damage or disturbance, is acceptable. Forcing their way past someone at the door is not

Rainbowshine · 02/10/2013 19:21

Have you got a receipt or other record of the payments you have made? Don't let them in but show them the evidence you have that you have paid.

catgirl1976 · 02/10/2013 19:22

From this site

Also look on Consumer Action Group and Money Saving Expert

catgirl1976 · 02/10/2013 19:23

Think of them as vampires

They can't come in unless you invite them

The council should be able to sort this for you

Just DON'T let them in and ring, ring ring the council until you get it resolved

CoffeeTea103 · 02/10/2013 19:24

I would just double check that you are paying into the right accounts. Usually bailiffs will turn up if there are quite a few missed payments? Set up a direct debit saves you the hassle of these situations

Original poster

Serendipity30 · 02/10/2013 19:28

Hi guys, thank you so much for your advice, I have proof of my last four payments as I pay online. It is my fault in the sense that I paid one payment late I should have set up an auto payment before my holiday and also called the council when I got the letter. But because I made the payment even though it was late, then made the following payment on time I thought it was ok. I am worried as the letter says payment immediately and no negotiation on payments. I dont get paid for another week and half so cant pay anyway. I am definately calling council in the morning

OP posts:

catgirl1976 · 02/10/2013 19:31

Bailliffs really try it on

They CANNOT break in. Keep your doors and windows shut and get this resolved with the council first thing

Good luck, but it will be fine

Original poster

Serendipity30 · 02/10/2013 19:34

Thank you so much, i will call council first thing in the morning advised and update :-)

OP posts:

thehorridestmumintheworld · 02/10/2013 19:44

I am very sorry for the op and think it is disgusting the council have got bailliffs involved.
But isn't it funny that bailliffs have the same rules as vampires.

jacks365 · 02/10/2013 19:44

Bailiffs lie through their teeth and quite frankly the letters they send are bordering on illegal. They only have the right to force entry if they have previously been invited in. You do not have to talk to them you can refuse to discuss it with them. I wouldn't actually recommend calling the police because I'm afraid they have a track record of trying to convince people to pay the debt.

Now for a more serious point although they can not enter your house anything not locked inside either a house or garage is fair game so if you have a car on your drive or road they can seize that without entering your house. Saying that they can only seize goods if the council has taken this to court so the other question is have you had a court summons.

lizzzyyliveson · 02/10/2013 19:46

Don't open the door to them if they call. Speak to them through an upstairs window. They will push the door open and walk in.

TheWickerWoman · 02/10/2013 19:49

You've had great advice here,

Don't let them in, refuse to deal with them and keep paying online to the council. Tell the council you refuse to deal with them, the council will have to take the account back they will try telling you it's out of their hands.. That's rubbish, they can take it back when they like. Just keep making your payments on time.

kali110 · 02/10/2013 19:49

Where you on any sort of plan or arrangement as some state if you have a late payment then youve broke the arrangement so any arrangements you made to make payments are then void.

pixiepotter · 02/10/2013 19:51

.. and write to/email the bailiffs withdrawing implied consent for them to enter any part of your property.Then they cannot even step into your garden without a court order

Floralnomad · 02/10/2013 19:52

If you are on a payment plan and you break the 'rules' of the plan , which you admit you have done by paying late there is often a clause where the plan is then void and you have to pay the full amount out standing . You need to call the council and try to set up a new plan for repayment but they may not oblige as you have not stuck to your previous arrangement .

MmmmWhiteWine · 02/10/2013 19:54

do not, under any circumstances, let them in.
if you can get yourself to the CAB ASAP
search for a finance website called Mötley Fool and find the Dealing with Debt discussion board and post there explaining your situation. There are some exceedingly helpful and experienced people who frequent that board. Ask their advice and take it.

Good luck x

youbethemummylion · 02/10/2013 19:56

Dont open door, if they havent previously been in to take inventory of your possesions they cannot break in.

MmmmWhiteWine · 02/10/2013 19:56

Sorry, here's a link -

boards.fool.co.uk/dealing-with-debt-50079.aspx?mid=12889616

gordyslovesheep · 02/10/2013 19:56

ring the council

if they have a court order the council would have gone to court - did the letter say this

if they have a court order they can enter and take goods to the value of the debt - with the police if needed

but bailiffs aren't ogres - ring and talk to them

and always pay early rather than late and never ignore letters x

VerySmallSqueak · 02/10/2013 19:59

Honestly op,don't panic.

They will be far more keen to reach a solution than having to resort to taking possession of your goods.

Don't let them in,but do communicate with the council and reach an agreement.

Original poster

Serendipity30 · 02/10/2013 20:00

Hi all, they are a bit like vampires but dont think garlic would work. Not been on payment plan but wondering, if they refuse to make another payment plan and you cant pay do they take you to court?

I am going to call council first thing in the morning. That letter has really stressed me out. Upset because as soon s I notice my error i paid the outstanding and carried on paying as normal. The next payment is not due until 15th of this month. Will I have to pay bailiff costs do you think?

OP posts:

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