Quash the Liability Order. Suspend Enforcement. Disputing Liabilities. Claim Damages for Misuse of Enforcement Power.
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I have been contacted by rossendales regarding an old council tax debt an today a bailiff visited my property and posted a letter saying that in order to be eligible to make a payment plan I have to pay £600 first which is impossible! I saw on another website a vulnerability template which I sent to both the bailiffs and the council in the hope that the debt would get passed back and I could make an arrange to pay without the ridiculous fees added but it was refused and they stated that the bailiffs are trained in working with the vulnerable. Does anyone have any advice as to what I do from here? I'm literally a nervous wreck and also does anyone know roughly how long it takes until the debt gets passed back?
If you are vulnerable, the council needs reminding the bailiff is unable to recover fees and cannot take control of goods from lone vulnerable people.
Amend as needed.
Amend as needed.
The Chief Executive Officer
[NAME OF CREDITOR INSTRUCTING ENFORCEMENT ACTION]
BY POST AND BY EMAIL AND BY TEXT MESSAGE
Re: [TYPE OF DEBT] [ACCOUNT NO.] VULNERABLE HOUSEHOLDS
I make this formal complaint because I received a bailiff from you whose name I understand is Mr. [NAME] on [DATE] collecting the aforementioned [TYPE OF DEBT] and demanded the sum of [AMOUNT].
Mr. [NAME] was aware this is a vulnerable household because:
The door was answered by my [NAME OF CHILD] who is aged [NUMBER OF YEARS] years and forced him/her to sign a document without a responsible adult being present.
The door was opened by [NAME OF PERSON] who is does not have a proper understanding of English but Mr. [NAME] forced him to sign a document without knowing what he was signing for or why he needed to sign it.
The door was opened by [NAME OF PERSON] who has obvious mental health issues and is diagnosed with [WHAT?] and not have a proper understanding of the circumstances but Mr. [NAME] forced him to sign a document without knowing what he was signing for or why he needed to sign it.
I have been diagnosed by my doctor with [WHAT?] and I have been unwell.
We are elderly and infirm [SAY ANY OTHER GROUNDS THAT MAY ALSO APPLY]
I am classed as having a disability because [SAY THE NATURE OF YOUR DISABILITY]
I am recently bereaved because my [DESCRIPTION OF RELATIVE OR PERSON] had died on [DATE]
I am a single parent family bringing up [NUMBER OF] children on my own
I am in receipt of [NAME OF OUT OF WORK BENEFIT] which is a prescribed benefit because I am unemployed.
I am heavily pregnant
[ADD ANY FURTHER REASONS FOR YOUR COMPLAINT HERE]
But Mr. [NAME] failed to withdraw from the property,
I make this complaint because I believe Mr. [NAME] abused his authority by dishonestly taking advantage of the circumstances contrary to official advice given to enforcement agents by the Ministry of Justice for which Mr. [NAME] should be properly trained.
Paragraph 30 of the National Standards for Enforcement Agents 2014 states when an enforcement agent identifies vulnerable debtors, they should alert the creditor.
Paragraph 16 says the creditor must be prepared to take control of the case.
Paragraphs 70 to 78 says enforcement agents must withdraw from the property.
Regulation 12 of the Taking Control of Goods (Fees) Regulations 2014 states that enforcement agents may not recover fees from vulnerable people
Regulation 10(1) of the Taking Control of Goods Regulations 2013 states that enforcement agent may not take control of goods from lone vulnerable people
Your enforcement agent has not complied with any of the above regulations.
Nothing in the regulations enables bailiffs to decide whether a person is vulnerable. Paragraph 77 prescribed a non-exhaustive list of classes of vulnerable persons.
1. Return the case to council administration within two (2) days from this letter and confirm in writing.
2. Refund the fees taken so far being (£AMOUNT)
Cc: for information only.
[NAME OF BAILIFF COMPANY],
Mr. [NAMEOF BAILIFF] by text message on [HIS MOBILE NUMBER]