Beat The Bailiff
If you have an arrangement to pay under Smiths Bailiffs of Torquay you need to read this now. I will not be asking questions but you SHOULD take notes.
Bailiffs have no right of entry into your home (again) Bailiffs have no right of entry into your home. They will lie, threaten and be down right disgustingly rude to get into your home BECAUSE once they are in it is GAME OVER.
Bailiffs cannot legally force their way into your home, but they can enter by your invitation, by any open door or window, and by any un-locked door or window whether it is open or not. Getting into your home is termed PEACEFUL ENTRY.
WHEN THEY ACHIEVE PEACEFUL ENTRY THEY ACQUIRE THE RIGHT TO ENTER YOUR HOME AT ANY TIME.
If you are one of the many people under an arrangement with SMITHs Bailiffs of Torquay you have an opportunity to beat the bailiff.
The new bailiffs are Ross & Roberts Ltd and if you have not got an arrangement with Ross & Roberts Ltd they are desperate to sign you up. But first they have to gain peaceful entry. Keep the bailiff out.
They will threaten you with calling the Police. Let them call the Police because the Police do not have powers to force you to let the bailiffs in, the Police will only attend to ensure that there is no breach of the peace. They will make sure that the bailiffs do not attempt to break in or try to assault you.
They will threaten you with calling for a locksmith. If a locksmith comes to your house and you do not have an arrangement with Ross & Roberts Ltd any attempt to interfere with your locks will cause an illegal entry. Take photos of any such action and include photos of the bailiff.
If the bailiff cannot get into your home he will return the warrant to the Council tax authority as "Nulla Bono" this is latin for "no money". Incidentally latin phrases are banned in these types of document under the Office of Fair Trading rules on debt collection. Plain English has to be used at all times.
The council will write to you saying that if you do not pay (something) against your council tax arrears they will apply to the Magistrates Court for a committal order. If they actually do this you are going to prison but read on.
It follows then that if the bailiff threatens you with arrest if you do not allow them into your home he is lying to you because he does not have the power to take such action. He can only do this if the council has taken action and a warrant for your arrest has been issued. Many of the people who turn to me to complain tell me that they have been told by the bailiff they can be arrested "here and now" if the bailiff is not granted entry into the home.
The bailiffs I meet all tell the same lies so I guess it is standard operating procedure.
So what is the procedure? KEEP THE BAILIFF OUT.
So you owe council tax and you have refused to cooperate with the bailiff, what next.
Well I have told you what the council will do but you have responsibilities here too.
A few days in Gloucester Open Prison ... bit of a holiday really but I am NOT recommending you take that route.
Let us take a look at you. Are you on Income Support? Are you classed as a low wage earner? Have you applied for Council Tax benefit within the last twelve months. Are you in receipt of a sickness related benefit? Are you chronically sick?
All these and some more will either qualify you for extra benefits or tie the council's hands as to how much you pay towards your arrears.
On Income Support and with arrears of council tax you are REQUIRED to pay £20.00 a month only.
If you are long term sick and your sicknes falls into the right categories the council are required to take this into account when deciding whether to send in the bailiff or not. Ingrowing toe nails does NOT qualify you (sorry). When you are on the vulnerable persons register you still have to pay your dues but you will not see a bailiff on your door.
Tell the council about any medical condition and state benefits you have. The more information they have the easier your passage through this difficult time will be. You will pay a reasonable amount but not be liable to having your home trashed by the bailiff.
If none of this applies then you have to pay. I am NOT telling you how to beat the bailiff so that you can get away with not paying your dues ... the council needs your money so pay it. Pay what you can afford. But pay.
If the council insists that you make an arrangement with the bailiff and pay them and will not accept money from you direct there is a legal way around this.
You tell the council that you have an agent, or third party, acting for you. This could be your brother, sister, Mum or Dad or a professional firm like Debtfix. The law states that "if a third party acting on behalf of a debtor tenders a sum of money on their behalf, the creditor, as a principle of Law, has to accept the payment".
If you do not believe me or you ignore the advice given here you are laying yourself open to years of extra charges imposed by the bailiff on threat of them trashing your home. So check it out.
Go and look at Birmingham City council's website and search for Bailiff. This council tells its debtors how to beat the bailiff they send to collect the council tax. How weird is that ? NOT AT ALL. It makes the process transparent and open, WHY DOES PLYMOUTH NOT DO THIS on its website?
In the last levy I attended the bailff extorted £692.00 from their victim. Of that cash only £104.50 was paid to Plymouth City Council Revenue so despite paying the best part of £700.00 to the bailiff only £104.50 came off the debt.
Ask yourself "do you want to be put into this position?"
Don't let the bailiffs get rich on the backs of the poor in our community.
If you need direct help send me an email via the members site. I am listed as Debtfix.
Warning this blog applies to COUNCIL TAX only other types of debt have different rules. For court fines and income tax the rules are very different!

