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B.A.Ts

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Everything posted by B.A.Ts

  1. they can take whats on the WPO only, if it comes to more than the amount that is owed then they have to by law give you back the difference. Im afraid they can charge you for storing the goods taken etc, if the sale of the goods does not cover the debt owing they can still come after you for the debt that is remaining. would need more info about what they have charged etc and what the debt was before being able to give you any more advice
  2. I have just read what he has listed in the WPO.. he cannot levy on these items apart from the cabinet, he can only take a second TV and certainly NOT your sofas. this is in fact classed an an illegal levy and therefor cannot charge for it.he cannot charge for a removal fee as he has not yet removed your items so again this is an illegal charge. I suggest you put in a complaint to the bailiff company and your local council. when writing to the bailiff company ask for his certificate number and where he was certified and then I suggest you complain to the court where he was certified. In the mean time pay the debt straight to the council. It is unlikely they will not accept it.
  3. had you received any letters from the bailiff company prior to them clamping your car
  4. Department for Constitutional Affairs Website this may help
  5. Has your found out to see whether she is entitled to some rebate as her husband is on a low wage. its worth checking it out
  6. Get onto your council immediately you are classed as a vulnerable case .. explain this to the council and tell them it is impossible for you to pay these two debts as you are a single parent on benefits.. ask them to take back this debt and tell them to take it out of your benefits,, This should have been done in the first place before it even went to court. This is totally outrageous. did you tell the bailiff you was in receipt of benefits.. if you did then he should of referred this debt back to the council. Go and see the debt adviser at the CAB they may be able to get the council to take back the debt on your behalf
  7. How To Deal With The Bailiff this may help.. and I would just send the payment to the council, they can only send it back.
  8. most councils dont know what the regs are where bailiffs are concerned and often get it wrong as with the police. Department for Constitutional Affairs Website this link may help you
  9. Did he turn up with the van to take goods, if not then he cannot charge for the van fee. Was there a date on the WPO?.
  10. who was the parking ticket with, ask the bailiff for a breakdown of the charges. if this is the first visit then he can only charge 22.50. not a penny more. I suggest you pay the fine straight to the creditor not the bailiffs. if they come round again do not let them in.
  11. If he comes round to your home then call the police. for him to start taking goods he needs to go through the proper channels ie small claims court. The debt has now been paid and he cannot pursue you for the charges under the court order set out from the courts. He is well aware of this. Tell him if he attempts to force his way into your property then the police will be called and you will press charges for harassment, ask him for a break down of his fees and if they are legal then you will pay them, if you feel that the charges are not legal then tell him to claim for them via a small claims court.
  12. Bailiffs are never sympathetic they are out to get money by hook or by crook, My advice is to carry on paying the council what you can afford, they can refuse payment but often dont, tell the bailiff company that you will be dealing with the council from now on. As Watcher said its not illegal for a bailiff to enter a back garden as long as they dont cause any damage, just dont let them into your property.
  13. As long as you have cleared your debt with the council, the bailiff cannot take his fees under the court order that was set out for this debt, their charges will have become a civil matter between your self and them and cannot enter your home ie force their way in to collect on their charges. Ask them for a break down on the charges that they have set out dont refuse to pay at this stage until you have seen the break down of the charges.
  14. The bailiff has to list items and cannot just put down for example; 'electrical goods' each item has to be listed. He has to of entered your property to liste these items and cannot look through a window to do so etc. How ever they can levy on your vehicle, but they MUST leave the relevant paperwork when doing so. If they have not entered your property then they cannot Levy items, they cannot force their way in. If you have paid the debt to the council and they are just after their fee then they cannot pursue their charges under the same court order. They have to take you to a small claims court and justify the fees that they have charged you. If they come to your door or call you either tell them to take you to court for their fees or pay them what you think you owe them, tell them if they pursue you by ie phone or letters then tell them you will report them for harassment.
  15. I seriously suggest you take Drakes to a small claims court and sue them not only for the car and your belongings but to compensate you for your distress. This was theft, I would also write in to complain to the police station that dealt with you, if you get no joy with them then complain to the police complaints committee. Drakes dont like being sued as this will go on record and will not look good for them and they may just settle out of court. Dont give up .....
  16. If this bailiff company carries on calling etc it is classed as harassment which is a criminal offense, mention this to the bailiffs and tell them that you will be taking action if they proceed to keep calling you.
  17. I think you will find that a Levy or walking possession order dosnt have to be signed by the debtor, as long as the bailiff has left a copy with you and he has signed it, he can charge for these. Unfair I know, but dispute them by all means. I have found that most bailiffs drive around in vans now so they can charge for a van fee. always ask for a break down of charges when they visit as they tend not to respond to letters asking for break downs of charges as half the time they dont know what they are charges and mostly fabricate them.
  18. If Im not mistaken, once you have cleared your debt with the council the bailiff fee cannot be pursued under the same court order, it becomes a civil matter between you and the bailiff/ bailiff company and they now have to pursue their fees through a small claims court. Their fees are a separate issue to the debt from the council.
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