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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:
expatinscotland · 26/10/2005 17:52

They won't be able to get a court order through that quickly. He's just bullying you.

zippitippitoes · 26/10/2005 17:53

I think he is bluffing/jumping the gun there

Are you sure the payment is only a month late as even the council is not usually that quick

flutterbee · 26/10/2005 17:54

If this really is over last months council tax then he is lying as no court or police department would work that quickly for one months payment.

Have you rung the office yet, DO NOT SPEAK WITH THE BAILIFF DIRECTLY.

Nightynight · 26/10/2005 17:54

councils are amazingly quick at selling debts these days. One reminder, then it goes straight to a bailiff.

zephyr, can you name and shame this bailiffs company, they sound very unprofessional and unpleasant.

Original poster
Zephyrrywitchescat · 26/10/2005 17:55

THe payment is def not much more late if at all. Even so, we've had no letters of warning, just this. DP is going to ring his boss and say he needs to get home for something so he's here. We don't have a drive or anything so the car will be easy to hide in the street over the back of the house. I'm starting to panic now!

OP posts:
flutterbee · 26/10/2005 17:55

If I knew you personally I would get on the phone and sort this out for you as things like this bloody annoy me

Original poster
Zephyrrywitchescat · 26/10/2005 17:58

Have rung the office but there's no one there. They are Ross & Roberts 'certified bailiffs and warrant officers' in Somerset.

I'm worried that he does try to turn up with someone and break in as the house is rented.

OP posts:
Original poster
Zephyrrywitchescat · 26/10/2005 17:59

I know it's our fault for being late with the payment but you'd think they'd have some decency in dealing with people!!

OP posts:
Nightynight · 26/10/2005 17:59

zephyr, I have had this sort of hassle with council tax as well, so I believe you. Incredibly, the council dont always bother to send reminder letters, but just proceed straight away to the strongest action against bad debtors. Just what you need when you're going through a financial rough patch.

Id go with flutterbee's advice, dont speak to the bailiff, make sure there's nowt he can take, and sort it out with his office. and DONT WORRY ABOUT IT. its honestly not worth getting upset about.

LadySherlockofLGJ · 26/10/2005 17:59

The bailiff will be there on the foot of a warrant.

Even so, if you were to receive a visit at your home address, these people do not have a right of entry and you can simply refuse to discuss the matter with them and tell them to go away. Contrary to popular belief, even County Court Bailiffs or Sheriff's Officers do not have a right to force entry and they can also be summarily despatched in the same way.

zippitippitoes · 26/10/2005 18:00

you should have a letter of warning from the council detailing the cost if they instructed bailiffs

the bailiff can ask for payment and list your goods and put an order oin thembut not take them unless they are justified in believing that you will attempt to dispose of them first

if they can't get payment because you lack funds or htere is no prospect of getting funds or goods from you peaceably then they return the debt undischarged to the council

they can't take goods at the first visit

Original poster
Zephyrrywitchescat · 26/10/2005 18:00

Now he's said he will bring the police and a locksmith do we still refuse to open the door?

OP posts:
LadySherlockofLGJ · 26/10/2005 18:00

Your spouse's assets cannot be seized because of debts that you owe

This is a common misconception. If you have incurred debts under your own name, your spouse is not responsible for payment, even if the creditor obtains a CCJ against you. Similarly, if you receive a visit from a Bailiff, they cannot take goods which belong to your spouse, for debts that you owe.

MarsLady · 26/10/2005 18:01

zephyr... you sound like you are being bullied and harrassed by this bailiff. Do as others have said...

Don't open the door
Do talk through a closed door if necessary
Don't negotiate with them on the phone anymore.

The fact that they can hear that you are frightened and worried is clearly making them bully you more.

If you will have the cash on Friday then that is all that they need to know.

CALL THE CAB as soon as you can. Don't do anything else until then.

zippitippitoes · 26/10/2005 18:01

and they can't forcibly enter

don't worry

LadySherlockofLGJ · 26/10/2005 18:01

These are not Baillifs.

Are you sure that they are genuine.

Tell them that you will have the police waiting with you and you look forward to seeing them arrive.

Nightynight · 26/10/2005 18:02

well all I can say is, weve had loads of baliffs around when we havent been there, mostly for the previous occupants of our house, and the bailiff has never broken in.

another thing, you could tell him that you and dp had a huge row over the debt, and dp has moved out and you dont know where hes gone. that should get rid of the bailiff temporarily until you can sort a payment plan out.

expatinscotland · 26/10/2005 18:02

He can't come in unless he has a court order. That's impossible at this stage. If he's got the police with him, you'll have to open the door, if he hasn't, and he has no court order in hand, he needs to bog off. YOU can phone the police yourself if he tries to enter your home w/o a court order - that's breaking and entering.

zippitippitoes · 26/10/2005 18:03

the guidelines for bailiffs are very strict they are not above the law

skinnycow · 26/10/2005 18:03

having recently (in the summer) been involved in possibly starting county court proceedings against my former employer, dont they (the Council) have to go to the Court and obtain an Enforcement Order which they should then serve on you first?

FWIW I wouldnt hand over cash AT ALL - he could possibly be not who he says he is.

expatinscotland · 26/10/2005 18:04

They also cannot seize good which you are paying on/bought on credit, b/c they don't belong to you.

Nightynight · 26/10/2005 18:05

yes, skinnycow makes a good point, make sure you are paying the right bailif and not some con artist.

skinnycow · 26/10/2005 18:06

Fuck me - you can pay online

In addition, find the number for your local Councillor and frigging well harrass her/him and explain the problem

moondog · 26/10/2005 18:08

It all sounds a bit bloody heavy handed.I'm astounded that a council are behaving like this.We owed a lot more than this on a house we have just sold (for reasons to dull to go into).

We had a court summons but nothing like this!!

Don't open the door.

flutterbee · 26/10/2005 18:11

If you are still feeling nervous then I would contact the local police station explain the situation to them . They will be able to check to see if they have any officers booked to attened bailiff visits (which I really doubt).

They will then log the compaint formally and if the guy hassles you at all when he returns just ring the station back and explain that he is refusing to leave and that you are once again feeling threatened. The second the jumped up bully realises that you can't be pushed around he shall retreat tail between his legs.