URGENT ADVICE NEEDED - BAILIFFS

Quash the Liability Order. Suspend Enforcement. Disputing Liabilities. Claim Damages for Misuse of Enforcement Power.
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muppet123
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#1 URGENT ADVICE NEEDED - BAILIFFS

Post by muppet123 » 21 Sep 2017 23:13

My sister went to court earlier this year with the council as she got behind in her council tax, she agreed to pay back the amount in 2 payments, she defaulted on the 2nd payment and the debt went from the council to a Bailiff.

The Bailiffs were very unpleasant to her on the phone the council agreed to talk to them on her behalf and they agreed she would repay what was now about £850 debt by 1 lump sum of £400 then monthly of £50 which she had done with the exception of the final £48! She thought her husband had paid this final instalment and even told me how happy she was to be free of the debt!

on the 19th of this month she came home to see a letter not in an envelope had been put through her door from the Bailiffs entitled 'NOTICE OF ENFORCEMENT AGENTS ATTENDANCE' - I have uploaded a copy of the letter for details.

Mt sister phoned then same day and said she didnt owe any money, they said she owed £48 to the council and the rest is a charge for them to come out and deliver this letter? Is that legal?

She has never been given any fee's from them or warning that the final payment never was paid! She simply does not have the money to pay them this much! She tried to explain if they had called and said oi where is the £48 she could have found a way to get that money together but not this much!

My sister has been through a terrible traumatic personal loss this last month and this on top is just too much to handle and I am very worried about her.

What can I do to help or advise her? Is what the Bailiffs have done legal? No warning just come round and charge £235 plus for it? No letter in post to say they didnt receive final payment?

How can this last payment even be late if she has never signed anything with the Bailiffs and it was done over the phone via the council?

ANY HELP REALLY APPRECIATED - THANK YOU IN ADVANCE X
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Schedule 12
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#2 Re: URGENT ADVICE NEEDED - BAILIFFS

Post by Schedule 12 » 22 Sep 2017 09:48

muppet123 wrote:
21 Sep 2017 23:13


My sister has been through a terrible traumatic personal loss this last month and this on top is just too much to handle and I am very worried about her.
Tell the council she is a vulnerable person. Regulation 12 of the Taking Control of Goods (Fees) Regulations states bailiffs cannot recover fees from vulnerable people.

Get the remaining £48 paid to the council and that puts the enforcement power to bed. Paragraph 6 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007.


What can I do to help or advise her? Is what the Bailiffs have done legal? No warning just come round and charge £235 plus for it? No letter in post to say they didnt receive final payment?

How can this last payment even be late if she has never signed anything with the Bailiffs and it was done over the phone via the council?

ANY HELP REALLY APPRECIATED - THANK YOU IN ADVANCE X

The notice of enforcement you uploaded is not compliant with regulation 7 of the Taking Control of Goods Regulations 2013. It should look like this: http://www.legislation.gov.uk/uksi/2014 ... edule/made
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

muppet123
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#3 Re: URGENT ADVICE NEEDED - BAILIFFS

Post by muppet123 » 22 Sep 2017 11:10

What makes her vounerable? She works for nhs I don't think they will accept that?

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Pote Snitkin
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#4 Re: URGENT ADVICE NEEDED - BAILIFFS

Post by Pote Snitkin » 22 Sep 2017 11:48

muppet123 wrote:
22 Sep 2017 11:10
What makes her vounerable? She works for nhs I don't think they will accept that?
You said she'd suffered a loss, assumingly a death?

This would make her vulnerable for now and enforcement should be suspended. However it won't hold it off forever. Inform the council of the situation, ask for enforcement to be stopped and ask to be allowed to make a direct payment for the very small balance owed.

muppet123
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#5 Re: URGENT ADVICE NEEDED - BAILIFFS

Post by muppet123 » 22 Sep 2017 12:26

I can pay the £48 she owes for her I am just wondering about this extra charge for delivering a letter??? Is that right she owes that now too? Couldn't they of posted it?

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Schedule 12
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#6 Re: URGENT ADVICE NEEDED - BAILIFFS

Post by Schedule 12 » 22 Sep 2017 13:18

She owes it, but once the £48 council tax is paid to the council, there is no enforcement power in respect of the fees.
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Author: dealingwithbailiffs.co.uk

muppet123
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#7 Re: URGENT ADVICE NEEDED - BAILIFFS

Post by muppet123 » 22 Sep 2017 13:29

Can I phone the council and pay this for her? And can they then stop the Bailiffs and get rid of the stupid £235 charge for deliervyof a letter?
My sister also hase Lupus SLE which affects her kidney also seserve depression and fatigue and brain fog among other things!

muppet123
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#8 Re: URGENT ADVICE NEEDED - BAILIFFS

Post by muppet123 » 22 Sep 2017 13:37

Schedule 12 wrote:
22 Sep 2017 09:48
muppet123 wrote:
21 Sep 2017 23:13

she did have an enforcement letter that looked like that in may? this one i uploaded was what they posted through her door on 19th Sept.


My sister has been through a terrible traumatic personal loss this last month and this on top is just too much to handle and I am very worried about her.
Tell the council she is a vulnerable person. Regulation 12 of the Taking Control of Goods (Fees) Regulations states bailiffs cannot recover fees from vulnerable people.

Get the remaining £48 paid to the council and that puts the enforcement power to bed. Paragraph 6 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007.


What can I do to help or advise her? Is what the Bailiffs have done legal? No warning just come round and charge £235 plus for it? No letter in post to say they didnt receive final payment?

How can this last payment even be late if she has never signed anything with the Bailiffs and it was done over the phone via the council?

ANY HELP REALLY APPRECIATED - THANK YOU IN ADVANCE X

The notice of enforcement you uploaded is not compliant with regulation 7 of the Taking Control of Goods Regulations 2013. It should look like this: http://www.legislation.gov.uk/uksi/2014 ... edule/made

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Schedule 12
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#9 Re: URGENT ADVICE NEEDED - BAILIFFS

Post by Schedule 12 » 22 Sep 2017 13:41

muppet123 wrote:
22 Sep 2017 13:29
Can I phone the council and pay this for her? And can they then stop the Bailiffs and get rid of the stupid £235 charge for deliervyof a letter?
My sister also hase Lupus SLE which affects her kidney also seserve depression and fatigue and brain fog among other things!

The only way to get off the fees is to show the council the medical evidence the debtor is a vulnerable person and ask them to cease harassing her for fees. The law says vulnerable people don't pay fees.
Run this Checklist. If no joy, then we'll fix it
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muppet123
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#10 Re: URGENT ADVICE NEEDED - BAILIFFS

Post by muppet123 » 22 Sep 2017 13:50

What do they class as vounerable though?

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#11 Re: URGENT ADVICE NEEDED - BAILIFFS

Post by Michelle » 22 Sep 2017 14:23

muppet123 wrote:
22 Sep 2017 13:50
What do they class as vounerable though?
https://www.gov.uk/government/uploads/s ... ndards.pdf
Pages 8/9
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Anything posted by me is from my own knowledge and experience, it is not legal advice or the official views of this forum.

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