Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
I was visited by a bailiff from equita on Monday regarding ones outstanding council tax for this year. the council must of applied for a court order of some kind to recover this debt. I did send a means test into the council regarding my finances, but never heard anything back from them until this person attended my home. After a brief chat explaining that I hadnt had any communication from the council with regards my means test information. he explained that they would be looking for a payment of £150.00 per month. I have just looked throught the form he left and asked to me sign. I was outside working on my works van, doing a stock check, so he didnt get entry into my home. But it appears that the document and form I signed is a walking possesion....he never explain what this, my fault for not understanding all this, it was dark and i didnt read it..... oh my god
what can i do, it appears these people now have the power to actually force entry into my family home
No one can force their way into your house apart from the police and the fire brigade thats only in an emergency, so don't fret about that. Look for Tomtubby in amongst the threads she is a marvel at dealing with these guys if you want I will pm you with their web address so you have a look at how shoddy the bailiff system is. But Tombubby is brilliant.
Webbscatering
LLoyds TSB Started 13/9/06 - Paid In Full 15/3/2007 - Settled
NatWest - Started 8/9/06 - 2nd January 2007 - Settled
Virgin Media - Started 8/10/07 - Settled
GE Money - Started 28/02/08 - Settled
British Credit Trust - S.A.R - Prelim sent
Enterprise Inns - court papers served
Natwest - S.A.R - Prelim Sent
In the first instance, what has been put on the Walking Possession. As the bailiff did not gain entry into the property I assume that he has "levied" on your vehicle. If this is the case, does the vehicle belong to you? Is it on finance?
Finally, do you have the name of the bailiff that attended so that I can search our register for you to ensure that he is certificated. Please only provide the name by private message.
Just a word of caution - Websc - if a WPO has been signed and entrance gained to the premisis then a bailiff does have the right to enter the premisis at any time of their choosing. Though in reality it is unlikely as it is generally no beneficial to either party. They use it mainly as a threat, however, as a tool it is not to be underestimated.
Andy as TT says if the vehicle is not yours then the levy and the WPW are invalid, and from your brief words I suspect that it is invalid anyways as it is a works van and therefore a tool of your trade.
Very well Saffron, but andy2000 did mention "force their way into his house", the bailiff can enter but without force or by peaceful entry and if the Police are called they can only observe to make sure no criminal activity is taking place in respect of assault.
Webbscatering
LLoyds TSB Started 13/9/06 - Paid In Full 15/3/2007 - Settled
NatWest - Started 8/9/06 - 2nd January 2007 - Settled
Virgin Media - Started 8/10/07 - Settled
GE Money - Started 28/02/08 - Settled
British Credit Trust - S.A.R - Prelim sent
Enterprise Inns - court papers served
Natwest - S.A.R - Prelim Sent
Once peaceful entry has been gained - and with or without a WPO a bailiff can return and gain entry and remove goods. If this does occur then it is more than likely that they will use a locksmith. The police do not have to be present and saying that the police have very little or scant knowledge of bailiff Law. The common threat of having hte police present is to reinforce the myth of imprisoment for non payment of CT, this can occur but in general it is for the wont pays not the cant pays.
I reiterate that this is highly unusual, though it can happen. As far as the OP is concerned the key to the WPO that he has signed is whether or not it is his van or not. As if it is owned by someone else or on finance then it is makes the levy invalid.
Absolutely correct on all your comments, but our friend was worried that they can force entry, but the Police do have to be present when a locksmith is used to check one he is a registered locksmith and no forced entry is committed, but you are right once in you have problems. The Police do shy away from bailiff activities especially if the victim calls them...that much is too true!
Webbscatering
LLoyds TSB Started 13/9/06 - Paid In Full 15/3/2007 - Settled
NatWest - Started 8/9/06 - 2nd January 2007 - Settled
Virgin Media - Started 8/10/07 - Settled
GE Money - Started 28/02/08 - Settled
British Credit Trust - S.A.R - Prelim sent
Enterprise Inns - court papers served
Natwest - S.A.R - Prelim Sent
If you need to call police, you call 999 reporting a robbery in progress, and suspect still on the premises.
That's the route I did when my partner had a bailiff call at 6am and booted the back door of my flat. The police arrived straight away, officers came through the appartment and out to the back door, and the bailiff - with boot wedged into the door with the chain still on - was removed within minutes.
It later transpired from the police CAD records that, when the bailiff saw police officers entering the flat throught the front door and approaching him, the bailiff also called police on 999.
I was led by the bailiff to believe I was signing to agree I would pay the money back at £150.00 per month. Too much really, he did write down the following items
1 * Colour TV
1 * DVD Player
1 * Microwave
1 * Table and Chairs
now i have to stress that this person did not at all enter our home.
I will send PM with his name tomtubby, many thanks in advance
would really welcome your assistance on what to do
They can't take table and chairs if that is what you use to eat from, he is pulling a fast one, I had one bailiff saying he would strip my flat bare and it would cost me a 'pretty penny' to get my stuff back, as I am in rented shared accommodation I told him it would be theft and he would be out of a job... they can't take bedding and washing machines either....
Sadly, we see bailiffs putting these same items on a Walking Possession every day. It doe not take a lot of guess work to know that most, if not all homes have these same items.
Many times the bailiff will put a Walking Possession through the door with the items listed.....in this same order. We have even see this same thing happening with a block of flats when it is clear that the bailiff has not gained entry and neither has he looked through the window.
If anyone has received a Walking possession like this, I would suggest writing to the company to ask for them to provide make and model numbers to establish that this is a valid WP and not a document that was drawn up with the INTENTION of charging van fees to remove these items.
Many thanks to tomtubby for the all the help so far in this matter and the kick ass letter template kindly provide. It was a such a welcome telephone conversation we had, and without this kind help I think I wouldnt off been able to complain about these people.
I have emailed the letter today and also sent it recorded delivery to equita, will keep you all informed on how i get on
I sent off a letter kindly donated to me by Tomtubby,
the response i got back from the bailiffs office was the following;
Thank you for your email.
Firstly, I would like to confirm that no fees have been added to you account as a result of Mr Withers' visit. I have requested that Mr Withers' provide a copy of the Walking Possession form in order for me to investigate more thoroughly.
However after reviewing the contents of your email, I have set up an arrangement of £50 per month with regard to your account, with first payment due at the end of the month.
Credit/debit card payments can be made online at http://www.equita.co.uk/ or by calling 0870 5581 581. Cheques, postal orders, giro payments or bankers drafts should be sent to Equita Ltd, PO BOX 30, Erith Kent, DA8 1ZJ. Please make sure your quote your bailiff reference.
Please make sure all payments are made on time in order to prevent further enforcement action.
Regards
Lauren Douglas Case Management
After going away for christmas and new year i didnt actually get the reply until the 3rd of January. I have to admit that i didnt make any payments to the bailiffs, as i was planning on working as much overtime as possible and would be paying the council back directly. Seeing as they werent charging me for Mr Withers visit.
In the meantime I was expecting some kind of feedback regarding the investigation in to Mr Withers actions and false walking possesion.
On returning from a weekend away we had a visit from a Mr Ole Harrison trying to inform us that we had 24hours to pay up. The following day i paid the council in full.
Last week i was sent a bill for £244.50 for their fees incurred. I wrote another email to Lauren Douglas and have received a reply today, which is as follows
Dear Mr Ford,
RE: Lancaster City Council - Council Tax
I write with reference to your recent communication with our offices would report as follows.
As requested I have enclosed for your records a Breakdown of you account to date.
On looking at our records I would note that following your previous communication in this matter we offered you a concession and as you failed to take up this offer the enforcement bailiff Ole Harrison was instructed to conclude the matter.
I feel the opportunity to settle this matter at the lesser amount was and given that the fees raised on your account are in line with the actions taken I do not consider a reduction to be applicable in this matter.
I have placed your account on hold for 14 days in order to allow you the opportunity to settle the outstanding balance of £244.50; please note failure to do so will result in further enforcement and charges.
Now they dont actually say what the Bailiff Fees are, and what the enforcement Fee is for, I can only think its for Ole Harrison to come and deliver a letter giving me 24hours notice. if this is so, what can I do.
Your post indicates the debt is settled. If you have paid the debt, then bailiff cannot enforce for his fees alone.
Keep that letter and enclose it with a Form 4 complaint against the bailiff for trying to levy exclusively for his fees and send it to the court that certificated him.
If the bailiff turns up in the meantime, NEVER open the door to him, ALWAYS speak through a window and throw him a copy of your Form 4 complaint form along with this letter. He'll soon be on his way.
i really cannot understand all this arhhhhh, so do i never have to pay them a thing now. just dont want to end up incurring more chatges against me
If the bailiff turns up, NEVER open the door to him, tell him there is no debt outstanding - its been settled. He has to leave.
Originally Posted by andyford2000
also what details should i give for details of complaint
Write the followng on the Form 4:
The bailiff tried to charge me fees for a debt that has been previously settled with the creditor thus attempted to defraud me in the meaning of Section 2(1)(b)(i) and Section 4(1)(c)(i) of the Fraud Act 2006.
You can also look though this checlkist of irregularities to see if theres anything else ytou can add to the Form 4 complaint.
Council Tax & Equita
from equita
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Originally Posted by andyford2000
