Bailiff and car

[jimmythecard]

I had two visits from B&S and after the second visit I wrote to them using the template letter from here and informed my local council. The council said they would only withdraw the warrant if I was on benefits. I am self-employed but because I have a peculiar source of income it is just as easy for me to claim income support which I have now registered for.

About a week later a chap from B&S turned up. I refused him ingress but a few minutes later he posted a WPA through the door regarding the car parked on the drive. I appreciate he can do this but I have a few questions which I would be grateful if someone could advise me on.

The car is worth about £50 at auction, wasn’t clamped and the WPA obviously unsigned. Will I be committing any offence if I move the car and park it elsewhere?

When the council eventually withdraw the warrant will the bailiffs still be able to seize the car merely to defray their costs or will their charges be included in what the council will want off me when the warrant is returned to them?

Am I right in thinking that just because they have levied against something in the driveway this does not now give them a right of access to the house to levy on goods inside?

[hardylane]

I have a related query. I live a house with several flats within. I have never spoken to, or acknowledged my existance to any bailiff, yet I had a Notice of Distress pushed through the entrance door of the flats claiming to have "taken possession" of my dilapidated car, which was temporarily parked on the drive beside the flats, and was not clamped. The "Walking Possession" section of the form was crossed through, so that's good.

My intention is to park the car elsewhere, where it cannot be found, and continue to ignore the bailiffs, whilst I get the wherewithal to sort it out directly with the council. I feel that remaining invisible is my best approach with these swines. Good move or bad?

[hardylane]

May I ask why no-one has responded to the posting I made 10 days ago?

This is quite an urgent matter.Please advise

[setmefree]

What Notice of Distress you say they pushed it through the main entry door to your block of flats,In my view how can that stand it has to go through Your letter box the address it's ment for.
So as far as you are concerned you didn't receive it,any child in the house could have picked it up and thrown it away.
Move the car and if they say it was posted through your letterbox ask them how they did it.

[hardylane]

Thanks for replying!

It's a combination Notice of Distress, and Walking Possession form, with the Walking Possession bit crossed out and the details of my car written in the Notice part.

Yes, it was pushed through the communal letterbox, as we do not have separate letterboxes.

The car is now parked well away from unwelcome eyes.

[setmefree]

obviously you would have flat numbers to the house,was your number on the envelope?? and if it was not in an envelope then this would be mis conduct on the bailiff's behalf (it has to be confidential)

[bennyg13]

can I just point out that you both have been very lucky, as a bailiff working for the court service I would have confirmed you owned the car via PNC and taken it. PAY the first time and don't try to dodge what you owe the rest of us pay for it, and as for claiming benefits to dodge a bailiff you will find that that is trying to avoid the distraint and if the company are strong enough they will ignore you and continue with their legal business. I agree that some firms charge large fees but you have had plenty of time to sort things out with whoever you originally owed money to before they instructed bailiffs so you really can only blame yourselves!

[setmefree]

Originally Posted by bennyg13

and as for claiming benefits to dodge a bailiff you will find that that is trying to avoid the distraint and if the company are strong enough they will ignore you and continue with their legal business.

I think you will find that if you had read the original thread properly in the first place,you would see that Jimmythecard didn't say he would claim benefit's to avoid the charge,more a case of he can't live on the money he receives from his self employed income.And also the original information about benefits came from the Council.

[bennyg13]

Ah yes but he didn't think of it till it would avoid the bailiff, and if his self employment doesn't pay for everything he oughta cut down his lifestyle and avoid unnessecary bills (likje the bailiffs)

[livelylad]

I am at a loss as to how you can make this comment

I'm certifeid, i work on may cases. you've got to do what you've got tdo to live eh?

after making this comment.

Ah yes but he didn't think of it till it would avoid the bailiff, and if his self employment doesn't pay for everything he oughta cut down his lifestyle and avoid unnessecary bills (likje the bailiffs)

And for your information he did not think of it.

The council said they would only withdraw the warrant if I was on benefits.

We do not condone debt avoidance on this site, this user has stated that they are better off finacially if they claim benefits. This is common sense. Unless of course persuing someone for something they do not have is what

you've got to do what you've got tdo to live eh?

A little more consideration for peoples circumstances would not go a miss.

[jimmythecard]

Bennyg13

And as a single parent of two children, which bit of my obviously profligate lifestyle should I cut down on? Start feeding the kiddywinkies grass sandwiches for dinner in order to keep some besuited (edit) in the lifestyle to which he's become accustomed?

It's good that you have posted...it reassures everyone of the mindset of the bailiff and his deep sense of social caring and awareness.

[hardylane]

BennyG13

[bennyg13]

thanks.

[setmefree]

Bennyg13 i feel your response to many posts are well out of order, this will be the last post that i make on this site due to the fact that you are allowed to get away with such remarks whilst our replies are removed.
you ridicule people such as myself over debt and that is unfair.
your views will now be past to different sites for their own judgement,once again i am disgusted.

[Clandava]

Originally Posted by setmefree

Bennyg13 i feel your response to many posts are well out of order, this will be the last post that i make on this site due to the fact that you are allowed to get away with such remarks whilst our replies are removed.
you ridicule people such as myself over debt and that is unfair.
your views will now be past to different sites for their own judgement,once again i am disgusted.

Really not defending him at all here and some of his comments imo are out of order, but maybe thats the way the job makes you..... I guess you do become hardened, in no way does that excuse rudeness but I guess if every bailiff was all nicey nice then unpaid fines etc would never be collected.

Just a shame some bailiffs can't show a little more compassion, especially on a forum and offer more constructive advice, saying 'pay your debt' is all well and good but if you don't have the money to pay it and the company aren't willing to accept installments you can afford how are you supposed to do that?

Thing is however well the bailiff is doing at that particular time and however much anyone thinks 'oh it'll never happen to me' debt can happen to anyone! Maybe if the shoe was on the other foot those bailiffs who use bully boy, deceptive tactics would think twice!

[demon_x_slash]

Vulnerable groups, including lone parents: advice here.

Includes the following:

Vulnerable situations

2. • Enforcement agents/agencies and creditors must recognise that they each have a role in ensuring that the vulnerable and socially excluded are protected and that the recovery process includes procedures agreed between the agent/agency and creditor about how such situations should be dealt with. The appropriate use of discretion is essential in every case and no amount of guidance could cover every situation, therefore the agent has a duty to contact the creditor and report the circumstances in situations where there is potential cause for concern. If necessary, the enforcement agent will advise the creditor iffurther action is appropriate. The exercise of appropriate discretion is needed, not only to protect the debtor, but also the enforcement agent who should avoid taking action which could lead to accusations of inappropriate behaviour.
   
   
3. • Enforcement agents must withdraw from domestic premises if the only person present is, or appears to be, under the age of 18; they can ask when the debtor will be home - if appropriate.
   
   
4. • Enforcement agents must withdraw without making enquiries if the only persons present are children who appear to be under the age of 12.
   
   
5. • Wherever possible, enforcement agents should have arrangements in place for rapidly accessing translation services when these are needed, and provide on request information in large print or in Braille for debtors with impaired sight.
   
   
6. • Those who might be potentially vulnerable include:
   1. 
      
   2. • the elderly;
      
      
   3. • people with a disability;
      
      
   4. • the seriously ill;
      
      
   5. • the recently bereaved;
      
      
   6. • single parent families;
      
      
   7. • pregnant women;
      
      
   8. • unemployed people; and,
      
      
   9. • those who have obvious difficulty in understanding, speaking or reading English.

[pt2537]

bennyg13, im slightly confused by your comment regarding the use of the police national computer to confirm ownership of a vehicle. i am of the opinion that you can register your details with the dvla as the keeper of a vehicle but that does not mean you are the owner now does it. i own a car which is registered at my parents address as it is where it is kept and my father is the keeper but NOT the owner as in law i am.