Thread: Can they do this??

Hiya everyone
I recently had a bailiff chaing me for council tax. I paid the council off directly and they are fine. Since I paid, the bailiff has been chasing me for his fees. The last time he came, he told me he had done a levy on some stuff which was outside my house while I was out. The stuff he did the levy on was my sons bike, and a wheelbrace and a bit of metal, neither of which belong to me. At the moment I am in the process of getting written proof that the stuff was not mine. Therefore, does the levy count? And do I have to pay £120 charges for him having done the levy?
Also today my partner left our front door open while he went to a neighbours to get something and when he came back he found the bailiff in the house. The bailiff said he had rights to enter and could also start removing stuff. My partner kicked him out.
As we have paid the council tax, does he still have right to enter if he finds a way or was he tresspassing and does he still have rights to remove goods?
I would be really grateful for any advice. Also I have no copy of any levy, Ive only seen it on a bit of paper he showed me last time he came. Should I have a copy?

the levy is unlawful
he cannot levy on children's goods (bike)
he did not leave you a walking possession agreement
The person levying distress on behalf of an authority shall carry with him the written authorisation of the authority, which he shall show to the debtor if so requested; and he shall hand to the debtor or leave at the premises where the distress is levied a copy of this regulation and Schedule 5 and a memorandum setting out the appropriate amount, and shall hand to the debtor a copy of any close or walking possession agreement entered into

if a liability order has been satisfied in full (the bailiff fees are not included in the liability) then they cannot just come into your house - he has no grounds, lawfully he will be trespassing and if he removes goods from your house this is theft as he has no warrant to do so!

even if the bailiff had a valid levy (been in your house not levied stuff in the garden)
he would have to write you giving you at least 14 days notice that he was coming to remove goods on levy
Forcing re-entry
The law upon the rights of bailiffs to force re-entry to premises in order to remove
goods previously seized has recently been clarified. In Khazanchi v Faircharm
Investments; McLeod v Butterwick [1998] 2 All ER 901 the Court of Appeal held that
bailiffs may only force re-entry where they are being deliberately excluded from
premises. It will thus be necessary in most cases for the bailiff to notify the debtor in
advance of the date and time of the visit in order to remove this If the debtor is then
absent from home, or refuses entry, force may be employed.

can i ask how much the liability order was for

or ask yourself this how much are the goods on the levy worth at auction
bike £20/30 thats if it in good condition and was a good bike to start with wheelbase £2/5 bit of scrap metal £0
so he possibly get £35 max debt £ 500/600 also theres the charges you have added to your account for the auction and removal £200
ask the bailiff when he comes tomorrow if he would like to argue the toss with a judge if he thinks this levy is valid or was an excuse to add charges (form 4 complaint)
tell him you would be more than happy to go to court to get the answer to this
and the fact that he levied on a kids bike and he did not leave a walking possession agreement then ask him for his name what court he was certificated at and his number and ask him to show you a copy of the liability order and his proof of id
record it on your mobile phone if you can

even if he had a legal levy and he had 2 visit fees his charges are wrong
1st visit £24.50
2nd visit £18
walking possession fee £12
levy fee on a £250 debt £18.50 12.5%of first £100 4%of £150
total bailiffs fees would be with a valid levy £73

not got a lot going for him has he

You could get a letter of the council to confirm the liablity order has been paid and is no longer valid. do not tell the council anything just confirmation it has been paid off. after which when you recieve your letter from them give it to the bailiff (Using very restrained wording)

Hi Tom Tubby - Just learning so hope you can help

If the council get a liability order for £750 - this is paid to the council after a DCA sends a letter but DOES NOT visit, and after the debt is paid to the council they visit anyway - I take it then there is no fees liable as it was after the fact??

If that is true it would depend on when they visited i.e. before or after the liability paid in full - is that correct??

Once the council issue a letter confirming the liablity order has been paid they can not go back on it. As for the bailiff he can whistle because it then becomes civil.

if the liability has been paid after a letter but no visits then in my opinion there should be no charges as bailiffs cant charge for letters only visits

the £24.50 1st visit fee van fee and levy fee are they all on the same day

and no he cant charge a van fee the same day he done the levy