Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

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.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



+ Reply to Thread
Results 1 to 8 of 8
  1. #1
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    GASS Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Dec 2006
    I am in
    Cambridgeshire
    Posts
    132

    Default Urgent help please Bailiffes knocking at my door today

    We owed 3 months council tax amounting to £240, I notified the council that I am not well with depression and on medication, no response from them.

    They sent the bill to newlynicon Baillifes aparently after a liability order from Magistrates, the bill went up to £347, my husband rang them and they demanded £130 on the day before I got paid, hubby said impossible can try and get money the next day or day after to them, they would not have it, so ended up contacting council who contacted Bailliffes and said to take what we said day after I got paid, in the meantime, we contacted a Financial Company as we had other debts and have started the motions of an IVA.

    Advised by Financial Company that if Baliffes call, not to let them in and not to pay them, but to tell them that we are entering into an IVA, provide them with all the information and advise them that this debt will be taken into account, so today all set to contact and low and behold the turn up, demanding £521.80, and have said they will take husbands van which is on the drive, Van worth £1500, we are selling it to help with other debts.

    Son answered the door and bless him told them no adults at home, they guy hung around for about 20mins and stuck letters (notice of distressicon and Removal of goods notice) through the door, stating they will take the van and will return in "24hrs - 5 days"

    In the mean time the Council have been notifired that we are entering into an IVA

    What should I do, I can't take much more,

    GASS

  2. #2
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    GASS Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Dec 2006
    I am in
    Cambridgeshire
    Posts
    132

    Default Re: Urgent help please Bailiffes knocking at my door today

    I'm really scared guys....

    GASS

  3. #3
    Gold Account Holder
    Help the CAG!!
    Download our toolbar
    hallowitch Authoritative hallowitch Authoritative hallowitch Authoritative hallowitch Authoritative hallowitch Authoritative hallowitch Authoritative hallowitch Authoritative hallowitch Authoritative hallowitch Authoritative hallowitch Authoritative hallowitch's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Nov 2008
    Posts
    5,481

    Default Re: Urgent help please Bailiffes knocking at my door today

    e-mail/phone the council find out how much the liability order sent to the bailiffsicon was for

    are you/hubby unemployed because you are suffering from depression you may come under not 100/ sure if depression counts but worth a try
    National Standards for Enforcement Agents

    May 2002





    Those who might be potentially vulnerable include:
    • the elderly;
    • people with a disability;
    • the seriously ill;
    • the recently bereaved;
    • single parent families;
    • pregnant women;
    • unemployed people; and,
    • those who have obvious difficulty in understanding, speaking or reading English
    if the liability order is for £347 not including bailiffsicon fees the bailiffsicon fees are wrong

    24.50 for first visit if no levy
    £18 for 2nd visit if no levy

    walking possession fee £12
    levy fee 12. 1/2 % of first £100 4%of next £400
    the bailiff cant charge a visit fee the same day he charges a levy walking possession fee
    get on to council about his fees
    don't let the council fob you off they are responsible for the bailiffs actions including there fees as they act for the council as there agents to collect council tax i would also suggest to the council that the bailiff has done an excessive levy £350 debt levy on a 2k van sounds excessive to me

    i hate bailiffs would love to put a hex on them all

    I am not an expert by any stretch of the imagination
    any advice given is from my own personal experience and what Ive leaned on this site

    and if you are happy with my advice you might like to make me a star

    THE EDGE there is no way to explain it the only people who really know are the ones who have gone over and came back

  4. #4
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    GASS Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Dec 2006
    I am in
    Cambridgeshire
    Posts
    132

    Default Re: Urgent help please Bailiffes knocking at my door today

    Thanks for replying

    So have I got this right,

    From what they have left today:

    A) Removal of Goods notice where he has upped the fthe amount from £347 to £521.80
    B) Notice of distressicon saying that he has been and listed the vehicle on.

    That they cannot levyicon fees on the day of a visit.......

    What do I challenge the council with, how do I say it? - unfortunatley with the depression and medication I'm not that confident in challenging people at the moment, and no am not of sick from work or unemployed, but GP would varify my state of mind.

    GASS

  5. #5
    Gold Account Holder
    Help the CAG!!
    Download our toolbar
    hallowitch Authoritative hallowitch Authoritative hallowitch Authoritative hallowitch Authoritative hallowitch Authoritative hallowitch Authoritative hallowitch Authoritative hallowitch Authoritative hallowitch Authoritative hallowitch Authoritative hallowitch's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Nov 2008
    Posts
    5,481

    Default Re: Urgent help please Bailiffes knocking at my door today

    you need to find out from the council exactly how much they asked the bailifficon to collect
    then work out his fees
    if you have had a hand delivered letter from the bailifficon its £24.50 first visit
    if he done the levy on his second visit then his charges for that (these charges should be on the walking possession notice)
    walking possession fee £12 levy fee approximately £15 not to good with% but defiantly no more also tell the council that you think the bailifficon has done an excessive levy as you total debt is approx £400 and they have levied on a vehicle worth over 2k

    debt £347 ?
    1st visit £24.50
    walking possession fee £12
    levy fee £15 approx
    total £398.50

    if you had a second visit (no levy) he should have left hand delivered note then add £18 to total
    get on the phone to council tell them there bailiff has added charges that that do not come under
    The Council Tax (Administration and Enforcement) Regulations 1992
    there for they are unlawful explain you situation (deprecation ) ask if you come under National Standards for Enforcement Agents don't just phone them e-mail them and also send a recorded delivery letter

    i hate bailiffs would love to put a hex on them all

    I am not an expert by any stretch of the imagination
    any advice given is from my own personal experience and what Ive leaned on this site

    and if you are happy with my advice you might like to make me a star

    THE EDGE there is no way to explain it the only people who really know are the ones who have gone over and came back

  6. #6
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    GASS Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Dec 2006
    I am in
    Cambridgeshire
    Posts
    132

    Default Re: Urgent help please Bailiffes knocking at my door today

    I have just spoken to the council and they have put the case on hold for 2 weeks with Newlyns, aparently they agree with the charges and he (gue at council ) has just worked it out and apparently it's correct. I will have a go later and try and work out myself.

    I queried the van and cost etc. and aparently they DO take vehicles even though they are valued at higher price, as they have to sell at auctionicon etc.

    So off to sell the van!!! been offered quick sale at £1000.00 which am happy to take and at least we can eat for a week or two....

    Thanks for support - but if you have any other words of wisdom please do let me know...

    GASS

  7. #7
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    GASS Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Dec 2006
    I am in
    Cambridgeshire
    Posts
    132

    Default Re: Urgent help please Bailiffes knocking at my door today

    Oh and Council did not want to know about the depression either.

    GASS

  8. #8
    Classic Account Holder
    Help the CAG!!
    Make a contribution
    Happy Contrails Informative Happy Contrails Informative Happy Contrails Informative Happy Contrails Informative

    Follow Real_CAG on Twitter

    Cagger since
    Jul 2007
    I am in
    Dubai
    Posts
    1,024

    Default Re: Urgent help please Bailiffes knocking at my door today

    I dont know about IVA and whether it can nullify council tax like consumer debts. Speak to your Official Receiver (does IVA have an Official Receiver - anyone?) and they should inform the creditors to report to them and stop contacting you.

    You need send a copy of your diagnosis from a doctor if you need the authority to take into consideration your depression. More: http://www.dca.gov.uk/enforcement/agents02.htm#part10

    Use these letter templates, tweak as needed.

    The Omnipotent bailifficon Co, Plc
    Their Address 1
    Their Address 2
    Their Address 3
    Postcode

    DATE

    Dear Sir/Madam

    Re: Your visit to [1st LINE OF ADDRESS]

    I write further to your visit by your bailiff and confirm I have been medically declared by a doctor to be a vulnerable person for the purposes of civil enforcement in the meaning of the National Standards for Enforcement Agents directives.

    Where a debtor falling into a vulnerable persons category is discovered by an enforcement agent, the matter shall be referred back to the court and no seizureicon of goods may proceed.

    This document is delivered by Royal Mail and I deem it good service upon you by the ordinary course of post under Section 7 of the Interpretation Act 1978. It is your responsibility and in your best interests this letter is handed to the relevant person within your organisation.

    Yours Faithfully


    YOUR NAME

    And send this letter to the council

    Council Tax (Enforcements) Department
    Invincible Borough Council
    Address 1
    Address 2
    Address 3
    Postcode

    [DATE]

    Dear Sir/Madam

    Re: [YOUR NAME & ANY REF]: Visit by your bailiff

    I write further to your visit by your bailiff and confirm I have been medically declared by a doctor to be a vulnerable person for the purposes of civil enforcement in the meaning of the National Standards for Enforcement Agents directives.

    Where a debtor falling into a vulnerable persons category is discovered by an enforcement agent, the matter shall be referred back to the court and no seizureicon of goods may proceed. I therefore ask this case be taken back into council administration within seven (7) days of the date of this letter and confirm in writing to me at the above address.

    This document is delivered by Royal Mail and I deem it good service upon you by the ordinary course of post under Section 7 of the Interpretation Act 1978. It is your responsibility and in your best interests this letter is handed to the relevant person within your organisation.

    Yours Faithfully


    YOUR NAME





Browsealoud
Video Tour



Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE