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Sarah
Money Manager
Joined: 16 Jul 2004
Posts: 831
Cash Points ££ 12024.38
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 Posted: Tue Jun 27, 2006 9:38 pm Post subject: How to deal with Baillifs - Guide |
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The main purpose of the bailiff is the collection of debt. Their only means of enforcement is the legal power to seize and sell goods to pay off a debt. However, goods are rarely removed, the threat of seizure is usually sufficient to make people pay.
There are two main types of bailiff:
County Court Bailiffs - They are employees of the County Court, and enforce County Court Judgements, e.g. for consumer credit debts such as bank loans.
Private Bailiffs - They are private firms used by the Magistrates Court to collect fines, and by Birmingham City Council (once they have obtained a Liability Order from the Magistrates Court) to collect Council Tax and Community Charge.
Contact and Identification
The bailiff should carry an identity card and show it on request. County Court Judgements, council tax, community charge, and fines can be collected anywhere in England and Wales. County Court Judgements, Magistrate Court fines, Council Tax and Community Charge debts and fines can be collected at any time but the court may have regard to whether the timing was reasonable.
The Bailiffs Rights of Entry
The Bailiff cannot force entry into a domestic property. The bailiff can walk through an open door, an unlocked door, or go through an open window. The Bailiff can force entry and seize goods if a debtor defaults on a Walking Possession Agreement (see below). A Walking Possession Agreement can only be made after peaceful entry.
What is the Walking Possession Agreement?This is an agreement signed by the debtor which allows the goods to remain with the debtor as long as they keep to a payment arrangement. However, if the debtor defaults on a payment arrangement the bailiff can return, force entry and seize the goods
Which Goods Can or Cannot be Seized?Goods which can be seized - The bailiff can only seize goods which belong to the debtor. However, the bailiff can seize goods which are jointly owned even if the other joint owner is not the debtor. Goods which cannot be seized - Generally the bailiff cannot seize the following:
Goods which belong to another person.
Fixtures and fittings.
Goods on hire - purchase.
Goods which are rented.
If the bailiff is collecting a County Court Judgement debt, Council Tax, the following goods cannot be seized:
Such clothing, bedding, furniture, household equipment or provisions as are necessary for satisfying the basic domestic needs of the debtor and his/her family."
Such tools, books, vehicles, and other items of employment as are necessary to the debtor for use personally in their employment, business and vocation
If the Bailiff is collecting a Fine the following goods cannot be seized:
the clothes and bedding of the debtor and his/her family.
the tools and implements of the debtor's trade.
Costs and Fees
The costs and fees charged by the Bailiff depends upon the type of debt.
County Court JudgementNo charges for signing a walking possession agreement. A fee for the issue of a warrant to seize goods. The creditor pays the fee and it is added to the debt. The amount depends upon whether the judgement is from a normal county court or a bulk centre county court.
Amount of Debt County Court Bulk Centre
£125 or less £20 £15
more than £125 £40 £35
Council Tax
The Bailiff visits the premises but does not gain entry:
1st visit - £20
2nd visit - £15
The Bailiff gains entry, lists and takes "possession" of the goods (the goods are not necessarily removed).
Debt less than £100
£20
The bailiff makes one attendance with a vehicle and intends to remove goods (where the bailiff has previously gained entry, listed, taken "possession" but not removed the goods): reasonable costs and fees, e.g. £50.
The bailiff removes and stores goods reasonable costs and fees.
The bailiff takes walking possession of the goods (the debtor has signed a walking possession agreement) - £10.00.
Magistrates Court Fines
There is no proper regulation of these bailiff's charges, except that they be reasonable and not disproportionate to the size of the debt. The charges are agreed between the Magistrates Court and the bailiff.
Debt more than £100
20% of first £100
4% of the next £400
2.5% of the next £1500
1% of the next £8000
0.25% of any additional sum
Payment ArrangementsThe type of payment arrangement also depends upon the type of debt.
County Court Judgements
The debtor can apply on form N245 to suspend the warrant to seize goods and to make an offer of payment that the debtor can afford. The form lists details of their income, expenditure, debts, and should include an offer of payment. The bailiff will not take any further action once the debtor has applied on the form N245 and sent it to the court.There is a fee of £25.00 The debtor can apply on form EX160 for exemption from the fee if they are on Income Support, IBJSA, Working families Tax Credit or DWA, or for remission if they are on a low income.
Council Tax
The bailiff will normally want the debt cleared within 13 weeks. The bailiff will usually accept £5.00 per week minimum if there are special circumstances and the City Council Revenues agrees.
Magistrates Court Fines
The bailiff will normally want the debt cleared within 28 days. There is no provision for longer repayment arrangements
You Could Ask for the Bailiff Not to be Used
It may be possible to get the bailiff withdrawn if there are Special Circumstances. The debtor should contact: the creditor if they have a County Court Judgement; or the City Council Revenues if they owe Council Tax or Community Charge; or the Magistrates Court if they owe a fine; and inform them of any Special Circumstances, ask for the bailiff not to be used, and if it is possible to make a new payment arrangement.
The following are examples of special circumstances
serious illness
learning difficulties
long term sickness
recent bereavement
mental impairment
physical disability
unemployment
severe financial difficulties
If the Council Tax Debtor is on Income Support(IS) / Income Based Jobseeker's Allowance(IBJSA)
It is City Council policy not to use the bailiffs in these circumstances. If the debtor is on IS or IBJSA the debtor should inform the Bailiff and contact the City Council Revenues. The Bailiff will pass the Council Tax or Community Charge debt back to the Revenues for collection. The Revenues will make a new payment arrangement or ask the Benefits Agency to make a deduction from the debtor's benefit
Refusing EntryIf the bailiff has not previously gained peaceful entry the debtor can refuse entry. The bailiff cannot force entry. The bailiff will normally return to try to make contact and gain entry. However, if the warrant to seize goods cannot be enforced, the next course of action will depend upon the type of debt.
If it is a County Court Judgement ?The warrant will be returned to the County Court. The creditor must decide whether or not it is cost-effective to ask the bailiff to visit again.
If it is Council Tax
The warrant will be returned to the City Council Revenues who will usually decide to take one of the following courses of action:
Committal proceedings - The debtor will be summonsed to the Magistrates Court for a means enquiry to decide how much the debtor can pay and/or whether or not they should be imprisoned.
Attachment of Earnings Order - If Revenues have details of the debtors employment they may ask for a deduction from the wages of the debtor.
Payment arrangement - If there are special circumstances a new payment arrangement may be agreed with Revenues.
If it is a Magistrates Court Fine
The warrant will be returned to the Magistrates Court and committal proceedings will be commenced. The debtor will be summonsed to the Magistrates Court for a means enquiry to decide how much the debtor can pay and/or whether or not they should be imprisoned.
If you have a Complaint and/or wish to take Legal Action against the Bailiff
The bailiff may have committed an offence such as:
illegal entry.
charged wrong costs and fees.
seized goods which are exempt or belong to another person.
failed to provide the correct documents obtained an invalid walking possession agreement.
sold goods below their market value.
seized goods which are worth far more than the debt.
Complaints - Complaints about the actions of a bailiff should be made to the firm of the bailiff and the legal body or authority who employ or use the bailiff.
County Court Bailiffs - Complaints should be made to the Chief Clerk of the County Court.
Private Bailiffs who collect Fines - Complaints should be made to the Clerk of the Justices of the Magistrates Court.
Private Bailiffs who collect Council Tax, etc - Complaints should be made to the Manager of the Finance (Revenues) Dept of Birmingham City Council.
Legal Action - If a debtor wants to take legal action against a bailiff they should seek legal advice from a solicitor. |
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Sarah
Money Manager
Joined: 16 Jul 2004
Posts: 831
Cash Points ££ 12024.38
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| Posted: Tue Sep 26, 2006 8:30 pm Post subject: |
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An interesting programme on BBC 1 - Whisleblower !
how Baliffs abuse thier powers, this is really angrying me watching this !
Please feel free to ask any questions so as to prevent being abused by Bailiffs acting illegally ! |
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birdie
Newbie
Joined: 04 Apr 2005
Posts: 15
Cash Points ££ 197.56
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| Posted: Mon Oct 16, 2006 12:12 am Post subject: |
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I caught the program on the Bailiffs too, there nothing more than crooks with a lisence to steal from vulnerable people !
The courts need to take notice and withdraw lisences from Baliff firms that break the law !
I think you can still see the program on the BBC website. |
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Sarah
Money Manager
Joined: 16 Jul 2004
Posts: 831
Cash Points ££ 12024.38
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| Posted: Sat Nov 25, 2006 11:46 pm Post subject: UK bailiff law 'worst in world' |
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According to Chairman of the Law Enforcement Reform Group, Philip Evans. British bailiff law is "probably the worst in the world",
Proper regulation is essential, because bailiffs have strong powers of entry into people's homes to seize their possessions. And there are many examples where Bailiffs have threatened especially the elderly with jail for debts they do not owe !
Also private bailiffs that collect unpaid council tax have been branded a 'law unto themselves' by Citizens Advice.
The organisation, which speaks for the nation's local citizens advice bureaux, said it has gathered evidence of intimidation, harassment and excessive fee charging by bailiffs, and called for greater regulation.
The charity claims the laws that govern bailiffs are outdated and open to abuse, with some dating back more than 700 years to 1267. Citizens Advice is launching a campaign this week, 'Putting Bailiffs on the Spot', to lobby MPs on the need for tighter regulation.
Remember if you have any queries regarding the behaviour of bailiffs then please post here, or seek advice from the Citzens Advice Bureau |
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Fiona
Newbie
Joined: 06 Feb 2005
Posts: 12
Cash Points ££ 110.12
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| Posted: Mon Feb 26, 2007 7:30 pm Post subject: |
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The Baillifs on the Tv program the 'Bailiffs', come across as very reasonable ! But the truth is they are a bunch of bastards off camera as the little miss madams firm has had many complaints against it, for its behaviour and underhand tactics employed
For thiose interest re-runs are shown on Sundays UKTV People at 8pm |
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