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lets fight bailiffs

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Everything posted by lets fight bailiffs

  1. Reprate, I'm sorry to hear you find yourself in such a bad place. You childs goods in her room are protected and are NOT allowed to be siezed under any writ for a start. If at any time a bailiff siezed goods belonging to a 3rd party they must forthwith inform the bailiff company and we can deal with that if and when the time comes. Now, with regards to your debt you are classed as (vulnerable) as you are in reciept of benifits and on mental health medication and you need to inform the bailiff of this prior to them attending this is very important because once you have proved this the order should be passed back to the creditor.
  2. Thanks for your PM, I find it very hard to believe the little love herself finds time to write posts like this, when she has avoided talking to me for 2 years. With all due respect I have dealt with a small number of HCEO over the past few years and bailiffs who do stick to the rules, however the mass of the trade rip off debtors and lie through there teeth. With regards to the part where it states advises are giving out the wrong advice is well out off order, in other words if she was to say it like she meant it, it would read, please advise all your clients to bend over so we can shaft them.
  3. In that case the court has advised that you appeal the last judgement and the next stage is for an oral appeal. LFB
  4. If i have this right then the hearing you attended was an interpleader an interpleader is for the HCEO to withdraw from the proceedings thus under rule 17 of the high court interpleader rules get the protection. However the rute that should have been taken should be a detailed assesment you have not yet taken this rute as far as i can see anyway so therefore you still have this option to take because a detailed assesment can not take place before all other action has ceased therefore the protection that has been given has nothing at all to do with fee's. LFB
  5. You need to apply to the court for a detailed assesment hearing, this is where a judge will asses there fees and make an order for them to return them ASAP this is very good if you have a very strong case because you can claim the costs back in the detailed assesment, However if you are not so sure it can also be very costly because if you lose you will be hit with costs from the other side. LFB
  6. if £250 is too small to be dealt with at the high court then it must be a small claim track you need if you do this at money claim online it will cost £25 but if you do it at your local court it will cost £30.
  7. I would keep paying the council direct even if its over the internet. then i would issue for a detailed assesment at your local county court and let a judge work out what you have to pay and what you have paid too much because as i remember i went through your fees last year and they were for lack of a better word stuppid, the detailed assesment will cost you up fron but is claimable as costs within the claim. you will spend months sending letters and back and forth but if they know you mean business most of the time they will pay up before you enter court. LFB
  8. I think you will find that if you have made payments to the bailiff company you will have paid there fees before the money was given to the council
  9. You will need it in writing from the council to confirm they have taken the debt back. go to the council and get this and once you have it send a copy to the bailiff company. LFB
  10. I think one thing has been missed out. HCE, i am sorry but the Royal mail thing NotTrue, if the post has been put in a letter box that you do not have access therefore it has not been served on the address. you say some of the £600 was for court costs therefore my first point of call would be to go to the court and fill out a stat dec to inform the court that you never received the original council or court letters because they had been posted to the incorrect address this you have proof of that is clear. once you have done this the bailiff has to refund the court costs and fees. now on to business rates, the way it works to date is the rates are worked out @ 49.3p per £ of the rentable value so if you £100 per year in rent (You wish) then you would pay £49.30 in rates, However this is the bit you need to note if part of your shop is storage it should be assesed at a lower rate, you should also check just how much floor space you have yourself and check if your bill is still in feet and inch if so you need them to re asses. And if your business is suffering because of the econamy then you should also ask the council for a hardship form. LFB
  11. Rubbish, I approached the Chef Exec of one of the council about this and his responce was that if he found that a member of staff refused payment for any rieson he would have to consider there employment. you would be supprised that if you go to there offices ask to speak to there manager and request they take the payment then if he refuses ask them to put it in writing that they will not accept payment then send the refusal to the Chef Exec of the revinues department and watch heads roll. LFB
  12. What was the speed limmit? and what speed was you going? it sounds like this may need a re-trial LFB
  13. I can confirm that you are correct in that if they have not gained entry then they CAN NOT force entry therefore they cant make a levy on goods in the house, However please do remove anything outside as they can levy on this and then charge a levy fee this includes a car. LFB
  14. Please also keep the enverlopes as they will be franked and this shows what company sent them and when so if you have to attend court at any time you can prove that they have not attended. when you receive your break down of fees post back and let us know what they are for it would appear by the amount they have charged you may be looking at a van fee. LFB
  15. What most dont understand in contract law is that once you have asked a third party to do anything at all you enter to a contract. I have lots of case V case far too many to post on hear, but my point is that if the council want to enter into a legal battle saying they are not liable as there is no contract in place they are very wrong and will lose everytime. this is also the case if you sell a car and you give the car to the buyer and they dont pay in time, you can't just go and take your car back because under contract law the car has changed hands therefore you would have to sue the buyer for the cash amount agreed in the sale as the car is no longer yours. I will be more than happy to help you on this just let me know and sombody will get hold of me. But you must first of all get the complaints off if that does not work then i will poke my big nose in. Regards LFB
  16. If the council states they have no contract with the Bailiff company they are wrong because an employer who entrusts some sask to a third party whose competance he has taken reasonable care to ascertain he has therefore discharged his own duty of care whether he has a written contract or not. as in the following case, decidendi of wilson and clyde coal.V.English LFB
  17. I agree 100% However there is a huge lack of knowledge with regards to bailiffs and this is what is being abused. a justice minister has confirmed to me by letter this week that there is going to be a total review in 2010, However the outcome of that will not be until 2012 and is very clear to me that they are not taking this seriouse enough and i will be contacting her to further outline my concerns. I must also stress that more MP's should be involved, They are paid to service the public therefore more peaple should use them and LGO's
  18. Thanks UK, Lindajaneuk, can you please confirm the above from kelcou, because this is awful and ist not that we dont believe you, i think it is more like we cant believe the actions of the bailiff. Can i take this time also to offer as much support on this as needed as this is also close to heart for me, I am sorry you have had to go through this. you can be safe in the knowledge that you will receive lots of support on hear. Regards LFB
  19. I have been trying to make the same point for months Danboy. only i think bailiffs are even worse because they know who they are taking he money from even when they know full well they cant eat or put the heating on in winter they still take. you know they say, you can't get blood out of a stone, well i'd put a safe bet on it that a bailiff can. and as far as sleeping, could you sleep knowing you had just taken a families monthly shopping money. LFB LFB
  20. i have asked the site team to start this as a new thread. pure abuse of power, and yes you heve complained to the company now it is time for a form 4 the OP needs to do this without a doubt and it needs to be against the bailiff and the company. I will also come back to this in the morning. Regards LFB
  21. the other thing you have to remember is that they are also just a debt collection company. it would appear they have changed the date of this debt in order for it to be just in time, ask for a statement of account if they refuse then they are in breach anyway also send the SB letter. Regards LFB
  22. Sorry had to take the kids to school. PT is correct above that is why i asked about there fees, they have knowingly defrauded you by adding 3 sets of fees to 1 lot of goods. if goods have been levied then not even another company can take a levy on them never mind the same company doing this. you must only submit a form 4 once you have complained to the company and the council. Hang on in there, we will sort this out. LFB
  23. PT Is correct in that you are classed as "Vulnerable" and clearly they have not taken this into account. The bailiff company is under a duty to hand the council tax back to the council. You must tell the CAB this when you go and ask them to contact the council for you. LFB
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