Easter Sunday enforcement visit bailiff action for Rates

[Pancake]

Please advise, an enforcement officer visited visited our property to collect rates arrears, he has arranged to meet a female family member alone in an isolated industrial estate, she became distressed at being left alone with a substantial amount in cash, the enforcement officer was eventually more than two hours late. The short version, she had been coerced into an agreement without the correct protocol or procedure and having to abandon a family gathering for Easter Sunday dinner with family from Ireland.

i was very concerned at the tactics used by this individual, and tried to explain that the premises belonged to my late father who passed away and the premises were in effect part of the estate in probate, the enforcement officer pushed away the death certificate, explaining he had no need to see it as he was only interested in the address and my wife.

I requested a breakdown of the charges to pass on to the executor of the estate as he indicated they were quite substantial, his tone became agitated to the point where I, being alone with this individual moved myself to a place of safety and offered £500 for him to leave and that I be given the opportunity to see the account and charges, his response was "you have just made a very big mistake, I will see to it personally that charges will increase by £1500.00 and the removal team will be here Bank Holiday Monday or 7am Tuesday Morning before I get any opportunity to discuss it with anyone, if they do not receive full payment before removal of goods tomorrow or Tuesday I will also incur further charges by the hour.

[wales01man]

Re: Easter Sunday enforcement visit bailiff action for Rates

Is the Debt the Deceased if so the Estate is liable to pay debts no one else is liable

[Kati]

Re: Easter Sunday enforcement visit bailiff action for Rates

Welcome to LB ... I'm sure you will get lots of help and advice from our knowledgeable Beagles!

What I can say is that it is highly unlikely that the bailiff would add charges 'by the hour' as they informed you - bailiffs fees are now fixed (see here http://www.adviceguide.org.uk/englan...n_charge_e.htm and here https://www.gov.uk/your-rights-baili...bailiff-visits for extra info). Please try not to worry too much, we have lots of people who can advise

K xx

[Pancake]

Re: Easter Sunday enforcement visit bailiff action for Rates

The debt is attached to the commercial address of which the deceased is the leaseholder, when I explained this had to be put to the executor of the estate he dismissed the suggestion

[Pancake]

Re: Easter Sunday enforcement visit bailiff action for Rates

The individual is certain that he will have the enforcement team on site before any offices are open, I will be given the opportunity to pay in full and then apply to their office for any overcharges if proved, however the account is now escalated and further charges added for Easter Sunday together with the next visit increase by £1500

[enaid]

Re: Easter Sunday enforcement visit bailiff action for Rates

Did they have permission from the court to visit on a Sunday/Bank Holiday?

[Pancake]

Re: Easter Sunday enforcement visit bailiff action for Rates

Did they have permission from the court to visit on a Sunday/Bank Holiday?

Not to my knowledge, when I questioned it his response was that he made a personal arrangement with my wife, who has not attachment to the property or the estate, I explained this to him and his response was it does not matter, she agreed the arrangement with him so she is personally liable for the debt.

i feel my wife has been coerced into this by intimidating tactics especially has she has no legal entitlement or duty to do so, I explained this to him and as he indicated the charges were quite severe I asked to see a breakdown and that any further communication should go through the estate, I also informed him there was no dispute about the rates, but he was directing it at the wrong person, he is still insistent on arriving to the premises with a removal team and add further charges including the Easter Sunday visit, although he did collect £500 in cash

[bizzybob]

Re: Easter Sunday enforcement visit bailiff action for Rates

What HCEO or Enforcement Agency is this, possible DPA breach unless wife is executor.

[Pancake]

Re: Easter Sunday enforcement visit bailiff action for Rates

What HCEO or Enforcement Agency is this, possible DPA breach unless wife is executor.

jacobs, as soon as I tried to explain the situation and that my wife had no authority to enter into any agreement, it should have gone through the estate of my family.

i informed him there had been a complete breakdown in the communication process and possibly the correct protocol and procedures had not been adhered to, in view of this, and the distressed state of my wife and daughters on Easter Sunday, also his indication that it had already exceeded a number of levels with severe penalties in place.

i gave him £500 in cash and asked for a review of the account and,charges, he became agitated and informed me it had been escalated further with immediate effect as he walked out of the door, we would be incurring a further £1500 plus removal costs and would not have any opportunity to view the account or speak to anyone before he arrives back with the enforcement team

[Kati]

Re: Easter Sunday enforcement visit bailiff action for Rates

I thought bailiffs couldn't visit on Easter Sunday (correct me if I'm wrong)?

[enaid]

Re: Easter Sunday enforcement visit bailiff action for Rates

Did they have permission from the court to visit on a Sunday/Bank Holiday?

That's why I asked

[Pancake]

Re: Easter Sunday enforcement visit bailiff action for Rates

I thought bailiffs couldn't visit on Easter Sunday (correct me if I'm wrong)?

Ministry of Justice National Standards, Times and Hours

55. Enforcement agents should be respectful of the religion and culture of others at all times. They should carefully consider the appropriateness of undertaking enforcement on any day of religious or cultural observance or during any major religious or cultural festival.

[Pancake]

Re: Easter Sunday enforcement visit bailiff action for Rates

In my opinion, my wife thought she was doing the right thing without consulting with anyone, it was only when she disappears for the family get together to go and meet with the enforcement officer, with cash she had borrowed from our daughters, only because of this and the distress caused did I find out and intervene, I have explained that I think there has been a mistake in the procedures and asked his advice, as I don't think some of these charges would apply under normal circumstances and I would like to see a review of the account and charges to date before advancing any further, he is adamant that this will not happen as he wasted his journey, even though he still accepted £500 and was over two hours late, he will be charging for the visit and with immediate effect escalate it to removal plus costs.

[enaid]

Re: Easter Sunday enforcement visit bailiff action for Rates

OK pancake, I doubt anything else will happen today, as you can appreciate most of our members are having an Easter break I will flag your thread first thing tomorrow and hopefully you will get a more positive response
Enaid x

[ploddertom]

Re: Easter Sunday enforcement visit bailiff action for Rates

Unfortunately they can now call on Sundays & Bank Holidays.

I assume this is for unpaid business rates due to the demise of the deceased. Did anyone notify the Council that the Leaseholder had passed away - in the same vein has the Landlord been notified? Do you have a receipt for the monies passed over? First thing tomorrow morning whoever has the power to do so should speak to the Council about this to find out exactly how much the Liability Order was for & why correct procedures have not been followed. Do not be fobbed off as the Council are 100% liable for the actions & charges of their contractors. In your shoes I would also be engaging with the local Councillor(s) and asking them to help.

As for Jacobs you need a precise breakdown of all charges made & why their Bailiff acted as he did. Reading through the above it would certainly appear there is enough to make an official complaint about his actions. Do you know what Notices/Letters have been received prior to all this and if anything was done about them.