Baliff has taken banks computers....and cash register too !!

[gsxbr500]

Hi,

 

I filed my claim late last year at Bow County Court, I had no reply from my bank(The Royal Bank of Scotland, Camden Town Branch) so I asked the court for Judgement, still no reply. I then paid my fee for a Warrant of Execution and have just been informed by the bailiff that they have seized goods i.e. four computers, one fax machine and a cash register including cash (sum undisclosed). I am told that if the sale of the goods including any cash seized does not meet my claim amount I am liable for the shortfall. If this turns out to be the case, is that it as far as my claim is concerned or can I go back to the court and claim again for the remainder. Seeing that the bank is more than capable of paying and have obviously refused to do so, allowing the bailiff take goods to the value instead.

 

Yours Disgusted.

 

 

 

here is my timetable of the process;

 

 

 

I have had no response from the RBoS since I started. S.A.R - (Subject Access Request) for 2 accounts on 09/06/06

Phoned Bank on 01/08 & 02/08

LBA 06/08/06

Information Commissioners Office complaint upheld 08/12/06- contravention of the sixth data protection principle. N1 claim Bow County Court 30/10/06. Request for judgement followed bank ordered to pay by 10/12/06. Ask for Execution of Warrant 28/12/06. Bailiff EX77-interim Return on a Warrant of EXECUTION 10/01/07, quote 'The bailiff has levied on goods belonging to the debtor. The bailiff will remove and sell the goods if the debtor does not pay. If the proceeds of the sale do not cover the costs of removal & sale you are liable for the shortfall. The bailiff has levied on 4 computers, 2 fax machines,cash register & contents'.

[SweetRevenge]

Hi - just wanted to say, sorry I don't know the answer to your question, someone on bailiffs might be able to help - but how absolutely unbelievable of a bank to behave like this!!!! Its appalling, shoddy, unprofessional and downright wrong!

 

I wonder if the computers contain all the banking information for you and others in your area? How ironic, when people struggle so hard to get any info out of them in the first place!!!

 

Someone who knows more about this situation is sure to be along anytime now. Best of luck with getting your money.

[GSMGuy]

Classic - as far as I am aware, no information is stored locally, ie on the computers themselves, it's all on the banks' central servers and accessed via their "secure" intranet... I am surprised this incident hasn't been in the news, were the police in attendance??

 

Mike

[MARTIN3030]

I have heard of this happening with small traders,but never before in a situation like this.

The baliffs have acted irresponsibly since they should have levied enough goods to be able to satisfy the debt,and in fact should have pressesed for money knowing full well that it was available.They have various options open to them in their procedures for collection and it appears that they were very indecisive in excercising the best one available to them to recover your judgement.

Frankly I am gobsmaked and would certainly be asking some questions to the court manager.

I would threaten publicity on this to the defendant...would make a great story for the front page of your local paper.

You are entitled to be told where the sale will take place and in fact you can even bid yourself !!

A little known fact is that Baliffs take first pick of the cherry on the levied goods....that includes their costs for storage before auction transport etc etc.

They have behaved very unprofessional by the looks of it

to advise thoroughly we need a bit more info tho.

 

 

Pity you couldnt have got their filing cabinets.....tho the baliffs probably would have struggled to carry them with all the letters inside complaining about their charges....

[mbdiss]

Pity you couldnt have got their filing cabinets.....tho the baliffs probably would have struggled to carry them with all the letters inside complaining about their charges....

:lol: :lol: would love to have seen that.

[MARTIN3030]

have a look at this link

 

http://www.dca.gov.uk/civil/procrules_fin/pdf/schedule2/ccrorder26.pdf

[MARTIN3030]

There is of course always the possibility that the cash will cover it........why undisclosed ?

ask to see a copy of the seizure form......this would make some sense as the baliffs would know their costs are coming out.......on the other hand if the defendants had the dosh in the till they would have been given the chance to pay it. all very very strange.

[chezt]

OMG I can't believe this ... I'm watching with interest on this one to see what happens next .... I'm just imagining the looks on the faces of the bank workers as their computers were unplugged & removed!

 

I can't offer any advice but just wanna say 'Good Luck'

[MARTIN3030]

I know we have at least 2 baliffs who come on the site,I am going to move this post there and see if we can get any opinions.

Obviously the more the better....especially from someone who does this job regularly.

[princessgotnowt]

Frankly I wouldn't care if the goods covered the debt as I would have paid to see it happen. It may be that one of the bailiffs may have had simular problems with their bank.

 

If I'm not mistaken if they arrived after closing any money would have been put into the strongroom making it unavailable. They may have just managed to grab the last till before it was taken away.

 

Whoever was meant to be dealing with this claim is surely going to find themselves on gardening leave

[NailPost]

This would make a great story for the papers! It would be one in the eye for the banks and show them as the arrogant barstewards they are and that they are not above the law. Still worried about the actions of the bailiffs though.

[falcon185]

Having read quite a few posts by bailiffs on this site, the main priority for Bailiffs when serving a Distress warrant is to obtain CASH!!

Surely serving against a Bank ( who deals with money ) would take cash first? Should there be any shortfall of cash THEN take property pertaining to the outstanding ballance? This is unbelieveable!! Surely there would be sufficient cash on the premises. As for the cash being locked in the strongroom, do bailiffs use Bank accounts and know the times Branches are open from/till? ( no pun intended )

Attendace should be during the hours of business! Not at the close of business!!

[Guest NATTIE]

This is one of the most bizarrest cases I have ever heard. What was the amount? Not wanting to give anyone any ideas, I am sure there would have been enough money to cover the amount recoverable. Why was no press there? Why has no paper got this story? Has the bailiff actually paid a visit? All a bit odd.

[Bailiffchaser]

The bank probably gave them the clapped out pcs which were due an upgrade anyway and also the till containing the money would have probably been coppers and silver.

[Guest Zooman]

If and when the goods are taken and sold if there is shortfall they still owe you the money and the judgement is still valid you just tell the bailiff to try again.

 

But lets be honest now he has levied the goods the bank are not going to let him walk out of the bank with them I would expect them to do something within the week, once a levy has been taken I think they have a clear 7 days before removal to pay up or suspend the warrant. I would have to check on the time scale as it been sometime since I last used it.

[Bailiffchaser]

Another thing is as the bailiff were on site they had the right to break into every cupboard that was there including the safe. So what were they doing exactly ?

[Guest Zooman]

They only went to take a levy not remove goods, and in his/her (bailiff) sight they could see goods to levy to the value of the warrant, no need to break anything. Plus as you should know (with a name as such) they are not allowed to seize cash or bonds.

 

This is why the county court bailiffs are seen as soft the last thing they want to do is remove goods as it just means more work for them.

[Bailiffchaser]

I know that but then why have they included the cash side of things in the inventory ? Could it be that they have just siezed paperwork or something else ?

[Guest Zooman]

I do not believe they have they are simply saying the whole thing comes, I also expect it prob the PC on the customer service desk and not the till (the ones at Lloyd's look like a mini cash till but do not have the draw, bailiffs are not renowned for good descriptions on Levy's). I have seen this many times, the odd bit if the goods where to go to the sale room they would have to do so with the money in the draw if they had not opened the draw or if it he did open and money was inside it the money would have to be returned.

[falcon185]

Wouldnt it have been much easier for the Bank to issue a cheque or bankers draft for the ammount??

[Bigmac versus]

Quite hard to believe they took all this and no offer was made to them by the manager, again i would have paid money to see this happen and im sure the press would have too.

[Guest Zooman]

they have taken nothing form the bank all they have done is levied goods, the bailiff will have said "OK you chat to head office and I'll levy as I have to levy or take goods today but if I levy I can give you a week or 2 to sort it out"

[Dave777]

I thought bailiffs couldn't seize items required for work???

 

A bailiff can't seize a computer from an individual if it is need for work. Why can they do this to a bank?

[Bailiffchaser]

That is probably what has happened raher than remove the goods and then send the op any details. they have jumped one step ahead and told the op what the future steps were going to be.

[Bigmac versus]

Learn something new everyday, one way to get them to pay up quickly id imagine though.