Enforcement agents

LaurynD_39
LaurynD_39 Online Community Member Posts: 12 Listener
in Everyday life
Hi I'm having a few problems with a  baliff. I have offered £20 a month but they are refusing my offer and demanding £100 a mouth. I have done a income and expenditure form with them and they have included my PIP in the calculations. Can anyone confirm if they are allowed to my PIP as income as I was under the impression they was not allowed to touch it. I'm being told by other creditors that they can't include my pip but the baliff is saying I'm making that up

Thanks
Lauren D

Comments

  • Hannah_Alumni
    Hannah_Alumni Scope alumni Posts: 7,866 Championing
    edited May 2023
    Hello @LaurynD_39

    I'm so sorry to hear you are having problems at the moment. The Citizen's Advice page on Bailiffs says:
    They can take things you own or that you own jointly with someone else - for example electrical items, jewellery or a vehicle. Bailiffs can only take things from inside your home if you let them in.
    Bailiffs can’t take things you need to live - these are things you use for your ‘basic domestic needs’.

    There isn't anything about money from Benefit's I'm afraid. I would suggest contacting Citizen's Advice, I think they could be helpful in this situation. 

  • WelshBlue
    WelshBlue Online Community Member Posts: 770 Championing
    edited May 2023
    Under expenditure ... put Adult Care Costs, not your fault the total amount is what you get in PIP

    Also if you have any mental health issues, let the company know ASAP to be classed as a vulnerable client

    https://www.nationaldebtline.org/sample-letters/tell-bailiff-you-are-vulnerable-ew/

    Good luck
  • 2oldcodgers
    2oldcodgers Posts: 739 Connected
    edited May 2023
    WelshBlue said:
    Under expenditure ... put Adult Care Costs, not your fault the total amount is what you get in PIP

    Also if you have any mental health issues, let the company know ASAP to be classed as a vulnerable client

    https://www.nationaldebtline.org/sample-letters/tell-bailiff-you-are-vulnerable-ew/

    Good luck
    You would then be having to prove what those extra costs are and why.
    For example if you have a Council Tax debt PIP is also included as income. So why would it be any different for other debts?
    It seems that there are respondents on this website that say that you can spend the PIP money on anything you like such as holidays, having better quality food etc etc. If that is the case why wouldn't PIP be treated as any other income.
  • WelshBlue
    WelshBlue Online Community Member Posts: 770 Championing
    edited May 2023
    PIP is meant to cover additional costs of disability expenses, therefore it can just be stated as Adult Care Costs.

    Extra costs can be dietary requirements, travel expenses, heating etc.  It doesn't have to be a full itemised item by item breakdown.  I know this when I helped someone else

    I'm not here to argue the ways people spend their PIP ... some are luckier in their position than others.  Some have great need just to exist

    I was just pointing out to the OP to massage their expenditure. 
    The bailiff company shouldn't be demanding stupid amounts that are going to cause hardship and stress.  They've a code of conduct to adhere to ... including a duty of care

    From Debt Guardians



    No mention of PIP

  • 2oldcodgers
    2oldcodgers Posts: 739 Connected
    WelshBlue said:
    PIP is meant to cover additional costs of disability expenses, therefore it can just be stated as Adult Care Costs.

    Extra costs can be dietary requirements, travel expenses, heating etc.  It doesn't have to be a full itemised item by item breakdown.  I know this when I helped someone else

    I'm not here to argue the ways people spend their PIP ... some are luckier in their position than others.  Some have great need just to exist

    I was just pointing out to the OP to massage their expenditure. 
    The bailiff company shouldn't be demanding stupid amounts that are going to cause hardship and stress.  They've a code of conduct to adhere to ... including a duty of care

    From Debt Guardians



    No mention of PIP

    I agree, but neither is Attendance Allowance, Industrial Injuries Benefit etc etc.
    It doesn't mean to say that if a particular benefit is not listed that it cannot be treated as income
  • WelshBlue
    WelshBlue Online Community Member Posts: 770 Championing

    We could debate this until the cows come home ... but unless we know the type of debt the OP is offering instalments on, whether they are working at all or only on benefits ... pretty pointless ?

    I'm not the sort of person who wants to fall out with people for the sake of it.
    There are some unscrupulous debt recovery firms who buy debts for pennies in the pound and then get very heavy handed with the debtor.

    There does need to be a standard across the industry IMO ... IVA, DRO and Bankruptcy ... PIP is disregarded as income due to why it's awarded.  For this reason the majority of recovery firms don't include it as Income because they don't want to cause unnecessary hardship.  Some include it but allow it to be claimed under expenses going out

    For the record I'm not defending those who get into debt with no intention of paying it at all ... I've no time for that.  We've all got to pay our bills - sometimes people get in too deep for whatever reason and need that helping hand to get out.  Which is the main reason I posted here - demanding £100 if the person is existing on benefits is ridiculous - again just my opinion
  • 2oldcodgers
    2oldcodgers Posts: 739 Connected
    edited May 2023
    WelshBlue said:

    We could debate this until the cows come home ... but unless we know the type of debt the OP is offering instalments on, whether they are working at all or only on benefits ... pretty pointless ?

    I'm not the sort of person who wants to fall out with people for the sake of it.
    There are some unscrupulous debt recovery firms who buy debts for pennies in the pound and then get very heavy handed with the debtor.

    There does need to be a standard across the industry IMO ... IVA, DRO and Bankruptcy ... PIP is disregarded as income due to why it's awarded.  For this reason the majority of recovery firms don't include it as Income because they don't want to cause unnecessary hardship.  Some include it but allow it to be claimed under expenses going out

    For the record I'm not defending those who get into debt with no intention of paying it at all ... I've no time for that.  We've all got to pay our bills - sometimes people get in too deep for whatever reason and need that helping hand to get out.  Which is the main reason I posted here - demanding £100 if the person is existing on benefits is ridiculous - again just my opinion
    It would help, as you say. to know a bit more - certainly what type of income they receive and how much.
    I too have no time for those that spend like a man with no arms then try to find ways of not having to pay the money back asap to their creditor. I pay all of my bills in full and on time. My income consists of the State Pension and welfare benefits +£50 a week from works pensions. 
    There was once some years ago a woman that held 47 credit cards and maxed them all out on her daughter's wedding and honeymoon. Then weeks later filed for bankruptcy.

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