The Baliffs - What Next?

[Sockpuppet]

No, I'm not dead

Been having fun winding some Baliffs up.

The previous incumbent of the flat seems to have not paid his council tax for another flat which he seems to own and as my place address was his mailing address I'm not still trying to deal with the bailiffs.

I know where the guy now lives (current landladys ex husband, she's more than happy to help me feck him over - he was a doctor teaching at the Uni and "sampled the students").

Anyway. A while ago I was driving along when some tosser in a van cut me up and put a dent in my car (not happy). He admitted it when I tried to sort out the insurance he changed his story. I ended up with a dented car.

Don't worry. There is a connection. The firm of Bailiffs that is chasing down the debt is also the firm that ran into my car. Oh, sweet, sweet Irony.

The "threatening" letters started a while ago and we're now up to visits to the house. Its probably not helped by the fact that all letters I get I post back with "Game On" scribbled on the top of the letter.

Basically the ploy is to try and take up as much time as possible of the Bailiffs becuase a) there gits and b) its a hell of a lot of fun.

So what else do the esteemed collecting think I can do to feck them off. Bear in mind I'm emigrating in two months for a few years so really not concerned about any fall back I also live pretty much off grid - there are no bills in my name here (part of rent) and I'm not on the electoral role here.

Points will be awarded to the best ideas.

 

[Moose423956]

What are the bailiffs legally entitled to do? Can they try to reclaim the debts from you as you're at the same address? I seem to be in a similar position, though it hasn't got as far as bailiffs yet. I'm just worried I might come home one day to find them waiting on my doorstep.

 

[EternalOptimist]

Tell them that this guy owes you, sockpuppet, 5k£ and you are willing to let them have the debt for 500

then get the dent fixed

 

[threaded]

Tell them that this guy owes you, sockpuppet, 5k£ and you are willing to let them have the debt for 500

then get the dent fixed

WHS

 

[Paddy]

You need to be a bit careful because depending on the debt, bailiff powers vary and bailiffs are officially officers of the court. In some circumstances they can get locksmiths and enter your property and remove your goods. They can in all circumstances remove goods from any property including other persons addresses. Bailiffs also have full access to the DVLA computer. They can remove a vehicle even if they suspect you are the owner and it is registered by someone else at the same address. One goods are taken you will have to prove ownership of the goods.

 

[Platypus]

You need to be a bit careful because depending on the debt, bailiff powers vary and bailiffs are officially officers of the court. In some circumstances they can get locksmiths and enter your property and remove your goods. They can in all circumstances remove goods from any property including other persons addresses. Bailiffs also have full access to the DVLA computer. They can remove a vehicle even if they suspect you are the owner and it is registered by someone else at the same address. One goods are taken you will have to prove ownership of the goods.

According to this they won't be breaking into your home to recover a council tax debt.

 

[Sysman]

Tell them that this guy owes you, sockpuppet, 5k£ and you are willing to let them have the debt for 500

then get the dent fixed

Pure class.

However, as Paddy points out, you could come home one day to find that they have been and taken your stuff. I'd suggest a 2 pronged approach:

• Go to the court in person and tell them that you aren't responsible for the council tax. Mention the bailiffs. If you get a friendly reception, mention the insurance incident - you are "concerned about their honesty"
• Write to the Financial Director of the council concerned telling him that you aren't responsible for the bill. Mention the bailiffs, and tell the FD that they are pursuing the wrong person.

Don't try to get emotional with either party, be professional all the way.

 

[Platypus]

However, as Paddy points out, you could come home one day to find that they have been and taken your stuff.

see my link - Paddy is wrong and so are you.

 

[Paddy]

According to this they won't be breaking into your home to recover a council tax debt.

It’s as wrong as it is right.

This is not a comprehensive list.

Bailiffs can break in if:
It is a second home (very wide definition)
Any commercial property at any time. (is your office at home?)
If you are living else where (very wide definition eg: working away from home, working abroad etc)
Bailiffs can break in if the debt goes through the High Court or Supreme Court.
Bailiffs can break in they apply to the High Court for an order to do so.
If it’s Council Tax, the Council can apply for a Penal Order, (order you to go to prison) and then enter your property.

See also:
Powers
Under the provisions of the Sheriffs Act 1887, if a sheriff finds any resistance in the execution of a writ he shall "take with him the power of the county" (known as Posse comitatus ), and shall go in proper person to do execution, and may arrest the resisters and commit them to prison, and every such resister shall be guilty of a misdemeanor.[14]

 

[Sysman]

see my link - Paddy is wrong and so are you.

According to the written threats I received here, the bailiffs must have been trying it on.

But those threats sounded pretty real to me. What if my landlord had previously granted them legal entry?

My other advice about visiting the court and writing to the Financial Director concerned still stands.