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Original poster

Bailiff coming at 7pm - what are the legal ins and outs??

103 replies

Zephyrrywitchescat · 26/10/2005 17:06

One turned up earlier today but I didn't answer the door.He left a letter saying it was for council tax from our old house which dp is one month late with.
The letter says 'unless you contact the bailiff within the next 3 days we will return with a view to levy distress on your goods blah blah blah.

So, dp called them right away. He is a month late with a payment of 100.00, the letter says today's visit fee is 22.50. The bailiff is demanding 150.00 tonight or is taking our stuff.

Can he do it that quick? dp offered him 50.00 today and the rest on Friday but he said no, 150.00 tonight and that's it. But if we had waited the 3 days to ring him we could have paid it all on Friday!

Is he in the right to do it this way or can we make an offer of payment until Friday?

OP posts:
wallopyCOD · 26/10/2005 17:06

have you not rung anyone to find out?

Original poster
Zephyrrywitchescat · 26/10/2005 17:09

Rung the council but they said they can't help as it's been passed over, we have to deal with the big scary man. Rang CAB but they said there isn't anyone available for me to speak to until tomorrow (?!) ..... who else do I ring?

OP posts:
doormat · 26/10/2005 17:10

ignore the door again until you get in touch with someone

wallopyCOD · 26/10/2005 17:11

i think thy'll accpe t part payment

id pay somehting unless theyll come back with a seizure of gooods warnnt

colditz · 26/10/2005 17:12

Don't let him in, keep you door and all your windows closed. Do nothing until you speak to CAB

Nemo666 · 26/10/2005 17:13

i agree wiht others dont let him in. He may add another visitation fee on but dont let him in until you have the money to pay him and contact cab. I thought [naicely] if you offered partial payment that was enough to stop seizure of goods.

Freckle · 26/10/2005 17:13

Bollocks to the council. They are talking poppycock. The council have instructed the bailiff. They can, ergo, un-instruct the bailiff. If you offer to pay by installments it is within the council's powers to accept your offer - although the offer will probably have to include the bailiff's fees. The council is not obliged to accept payment by installments, although in practice most do.

If the bailiff returns, do not open the door to him. He has no power to break in and levy distress (i.e. take goods to cover the debt).

Original poster
Zephyrrywitchescat · 26/10/2005 17:17

Bugger. Shall I get dp to ring him and say he can't get out of work? dp didn't know what to do so he told him to come back tonight - guess that means we have to open the door?

oh poo!!

OP posts:
nutcackle · 26/10/2005 17:18

Do not answer the door.

They cannot force entry unless they have previousoly been invited in.

Ignore it for tonight and then seek advice tommorow.

Chances are they won't even come back tonight. We get countless letters from bailiffs for the previous residents, but we've only ever had one actully turn up.

nutcackle · 26/10/2005 17:19

Get dp to ring him back and tell him that unless he can accept the payment you have offered then there is no point in him returning tonight.

Freckle · 26/10/2005 17:22

Even if you told them to return tonight, do not open the door. If you open the door tonight and they go away empty-handed, they can then break in at a later date to take goods.

Tell them (through the door) that you are dealing directly with the council and they should seek further instructions from them (i.e. the council).

flutterbee · 26/10/2005 17:25

Do not ring and speak with the Bailiff, you need to speak with the Bailiffs office as any offer of payment should be accepted before goods are lifted and before they are allowed to lift the goods they have to give plenty of prior warning NOT just turn up and demand items. You should have recieved a few letters from them and then a Bailiffs visit which to begin with would only be to make a list of items you have that they could take should you not pay.

If you have a chain on your door I would open it to him and try to explain what it is that you plan to do and also to get contact numbers for a superior, if however you don't have a chain then either do not open the door or speak through the closed door.

You are actually quite lucky that this has gone to the bailiffs as most Councils now send none payments straight to the courts which would have worked out much worse as a CCJ would have been lodged against you.

Council Tax is a bloody rip off anyway.

Original poster
Zephyrrywitchescat · 26/10/2005 17:25

shall i get dp to ring him now and tell him he's spoken to the council and that they are going to contact them/he should contact them? rather than let him turn up and get angry?

(there's a chance he'll get here before dp gets back and he's a big scary looking man!!)

OP posts:
flutterbee · 26/10/2005 17:26

Do you have an office number or just his mobile

zippitippitoes · 26/10/2005 17:29

the council won't get back on the case once they've sold the debt

you should be able to negotiate something with the bailiffs as they would rather the money than stuff

if you rent teel them the ocntents of the house belong to the landlord and then they will ask you to get himto sign an inventory by which time you will have the money

don't answer the door tonight

nutcackle · 26/10/2005 17:31

Yeah the council won't help now thats right.

A friend recently had this prob with quite a nasty bailiff but she managed to negotiate a payment plan with him.

Original poster
Zephyrrywitchescat · 26/10/2005 17:36

we've got both numbers - dp is going to try and ring the office now but i'm going to shut the curtains and lock the door......scary!!

I thought exactly what flutterbee said - that they come first of all to make a list of what you own and give you a chance to pay, not just turn up out of the blue, demand 150 quid 'or that's it'!!

Can they take my stuff? ie computer, dvd, video etc etc - only the tv is dp's but thats on credit so it's not actually his!

OP posts:
ks · 26/10/2005 17:37

This reply has been deleted

Message withdrawn

zippitippitoes · 26/10/2005 17:40

if, and you really mustn't let them as you can pay, they take stuff it has to be the debtor's so no they can't take yours or any item that is under a charge ie not paid for

zippitippitoes · 26/10/2005 17:41

they can't make any entry unless you invite them unless accompanied with police and correct documentation

flutterbee · 26/10/2005 17:43

The only weay they can enter is of they have a court judgement and the police accompany them. DO NOT worry about that this guy will just have not got his leg over last night and be in a bad mood. I have dealt with bailiffs before and generally they are OK. Ring his office explain what you would like to do with the payments and if they are unco-operative just ignore the door and ring them Friday to make full paymet.

expatinscotland · 26/10/2005 17:47

They have to have a court order to be able to enter.

I wouldn't open the door.

We've had bailiffs turn up looking for former tenants! Two even had the audacity to demand that we prove who we are and how long we've been here.

I told them to go to f(&. It's THEIR job to figure out where the debtor's gone! And yelled the landlord's name and addy/phone number through the buzzer, then told him to p&^ off before I called the police.

Original poster
Zephyrrywitchescat · 26/10/2005 17:50

bugger even more. dp just rang and said he rang the guy and offered him 100.00 or to give him a couple of days and the bloke said no, he will turn up with the police and a locksmith.

F*.

OP posts:
Nightynight · 26/10/2005 17:51

dont let the bailiff in, and dont leave dp's car out where the bailiff can get it until youve negotiated a payment plan. (they can take numbers of cars on your drive or parked right outside your house and check to see if it belongs to him)

they will try to bully you. You just have to stick to your guns and convince him that you are a serious person and that you are going to pay with reasonable installments. 50 quid today and the rest on Friday sounds more than reasonable to me!

Nightynight · 26/10/2005 17:52

zephyr, he cant turn up with the police, surely. they dont just turn out to help baillifs bully people.

why dont you ring the police yourself, and tell them that you are scared he is going to come round and bully you, and break into your house?