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Everything posted by impecunious

  1. I should imagine that as the bailiffs have already visited you - 1st visit - they are entitled to their fees. (Obviously not the invalid levy fee or thet 2nd visit fee but you will have to notify them of your objections.) I believe the council will pay the bailiffs from the money you pay in - therefore your full liability won't be satisfied. It's all a nonsense really but needs must! Impecunious!
  2. Bailiffs aren't reknown for keeping their word!! I believe that even if you pay the council directly you will still be liable for the 1st visit fee. Of course, whether you wish to pay that or not is your decision. I believe that the council may pay the bailiffs direct for your 1st visit fee of £24.50 -- I know your invoice was for 1st and 2nd visit fees + unlawful levy etc. In which case, your full liability won't have been satisfied and the bailiffs will still pursue you. I hope someone else can clarify for you. Impecunious! P.S. If you go in person, the council will probably tell you to deal with the bailiffs - that's why paying online is preferable.
  3. Hiya First thoughts on your postiing! If the bailiff levied on your neighbour's vehicle, then the levy is invalid. You should inform the bailiff company and the council in writing. An invalid levy also invalidates the levy fee and this should be cancelled. A simple DVLA check would inform the bailiff that the vehicle does not belong to you. It is unlawful for the bailiff to seize that vehicle before completing a check although he can "assume" that the vehicle is yours - wrongly of course! Onus is on the owner of the vehicle to prove ownership. If the bailiff does seize the vehicle, the owner can claim compensation, reimbursement for any damage, hire vehicle if necessary, etc. I would find out how much the liability order is for. I believe, if you pay the council immediately, that the bailiff can only then charge for 1st visit fee - £24.50. Pay the council online - you'll then have a receipt. Don't bother phoning the bailiff, keep everything in writing. Meanwhile, keep your windows and doors locked and if you have a vehicle, move it well away from your property. Might also be prudent to move anything of value from your garden etc and lock it away. Bailiffs aren't very bright. With the support and advice of fellow CAGgers, you're in good hands. Best of luck! Impecunious!
  4. IF you do get a judgment (CCJ) I'd suggest you go for an Order to Obtain Information - that way you'll know exactly what assets the then Judgment Debtor will have and his income, expenditure, etc. and be able to assess the best method of enforcement. Remember, it's relatively easy to win a judgment but not so easy to enforce payment. Good Luck! Impecunious!
  5. Sounds like a FORMAL COMPLAINT to the Chief Exec of your council is definitely in order!!! Impecunious!!
  6. Rossies are definitely robbers!! Sit tight and you'll get lots of good advice. But there are ways of handling them! I managed it! I'd suggest for starters that the levy you mentioned is "irregular" in that they levied on a "clothes line" - as far as I know, any items related to the cleaning and mending of clothes is exempt. So the levy becomes invalid and any charges relating to that levy also become invalid. The compost bin obviously has no value either - and ditto the patio heater. Some bailiffs are pretty thick - you'd think they'd know by now how to conduct a proper levy. The value of the items levied are minimum - there is no way, that after bailiffs costs are deducted, that they would in any way reduce the amount of your liability if sold. They're effectively boosting their own fees. You've done the right thing in requesting a breakdown of charges. You'll no doubt have to pay £42.50 to the bailiffs for 1st and 2nd visits but that's all - but you're aware of that! I'd ask for a copy of the original liability order and check how much it's for. Is it in joint names - yours and your estranged wife's - you're both probably jointly and severally liable for this bill if you both living together at the time. You don't have to talk to the bailiff or deal with him - once you've established the amount of the liability order and whether you are responsible for paying it - you can then pay the council direct (electronically). Good luck!! Impecunious!
  7. HUGE step to take - I'd personally advise that you initially determine how many of the debts are actually enforceable - then decide what course of action to take. Take a deep breath and prepare to play the long game. You'll get lots of great advice on here -- don't make any rash decisions which could affect you adversely long-term. With support, you'll get through this. Debt, after all, is really only an entry on a balance sheet. It's manageable when you know how to play the game. It certainly won't seem so daunting once you start empowering yourself with knowledge. Good Luck! Impecunious!
  8. Hmmmm -- ALL the goods at your (personal) address?? Has a bailiff visited your home, been invited in and levied on your goods? Impecunious!
  9. Initial way forward would be an Order to Obtain Information, after which your friend would be in a better position to know how which method of enforcement would be most likely to succeed. Order to obtain information In my experience, (as a judgment debtor) it's akin to a financial Spanish Inquisition. In my case, I was able to prove - without a shadow of a doubt - that enforcement of any kind would be futile. It's relatively easy to get a judgment but enforcing the judgment is another matter entirely. Good Luck! Impecunious!
  10. Steve - sorry you haven't had any response. Unfortunately, I don't have any experience of unpaid parking tickets but I'm sure someone will come along soon to advise you. How are you holding up? Impecunious!
  11. Sorry to hear about your plight. When you say "freeze" your bank account - do you mean third party debt order on your account? I think that's the term! I know that joint accounts can't be "frozen" and they can't garnish accounts that are "overdrawn" either, i.e when the order is made, if your account is overdrawn, no money can be debited. Perhaps talk to your bank and arrange a very small "overdraft" and keep your account "in the red". You may also be "safe" if only benefits are paid into that account - I hope someone with more knowledge can advise you on that bit. Also, from my experience, they can't garnish accounts and leave you in hardship. Impecunious!
  12. No, I didn't actually have a credit balance on my current account at the time - I had an approved overdraft limit - LLoydsTSB waited until my monthly salary went into my bank account - then garnished 95% of that amount and credited it to my loan account. As I mentioned, I managed to recoup most of the garnishment within about 4-5 days and did receive a written apology and "compensation" of £110 (repaid charges) in respect of both garnishments. It was an incredibly upsetting and frustrating time and very embarrassing too!! As a result, I've subsequently "abandoned" my bank account with LloydsTSB - leaving an unpaid overdraft and an outstanding loan. Possible ppi mis-selling and unlawful charges, etc. and am dealing with that!! Impecunious!
  13. Sorry, it was over a year ago now - I think I looked up Banking Code and quoted relevant passage. I'll try and re-locate it. Impecunious!
  14. LloydsTSB "garnished" my current account last year to pay my loan account (I had missed two payments), after just having had a month's salary paid into the bank. I was already paying them a reduced monthly repayment. I was left with £50 to pay rent, CT, etc and live for the whole of that month. I phoned LloydsTSB - big mistake - they hung me out to dry!! Eventually, after hours of calling and 2 days later, they finally credited my current account with 80% of the amount they had previously garnished. Quiet sigh of relief! THEN, two days later, they garnished my current account again!!!! Relieving me of over £800!!! I complained AGAIN!!! Again, they eventually credited my current account, apologised in writing and then repaid me the charges - about £110 in total. It was only later that I discovered that before garnishing your account, they MUST ensure that you are able to cover all your day-to-day household expenses and your priority debts. They can't just unilaterally decide to swipe your whole account. Unfortunately, it was too little too late!! I had no idea that my bank could garnish my account in that way. I'd been with them for over 30 years. I haven't used that LloydsTSB bank a/c since! I'd advise you to write a FORMAL COMPLAINT to your Bank Manager (they'll transfer it to Customer Services, etc. etc.) - you might end up with your money back, an apology and repayment of charges (as sign of goodwill) - but obviously don't hold your breath - this is Lloyds we're talking about. Impecunious!
  15. I'm sorry Steve - I personally don't know enough about limited company debt to give you any sound advice but I think the "limited" in the title would suggest that any liability was in fact limited. Someone else can help you on that one. If the bailiff hasn't issued you with a walking possession order/notice of distress on your goods, then I assume that he hasn't actually made a levy. Your caravan and anything else you own is yours to do with as you please - so MOVE IT!! and your car! Bailiffs have been known to levy on "valueless" garden stuff, so lock it away. You are under NO obligation to let the bailiff into your home - in fact, keep windows and doors locked. You don't even just to speak to him or phone him. Keep all communication in written form - easy to establish a paper trail. I suggest you read through the posts on here - they're very useful. You'll get lots of help. Impecunious!
  16. Steve Did the bailiff actually levy on the caravan or any other goods? Did he leave a notice of seizure? As far as I understand, IF he has levied on any goods, he cannot take them immediately and must allow you time to come to an agreement (I'm thinking 5 days but might be wrong). It's only if you default on the arrangement that he can then take your goods. If he hasn't physically levied on your caravan, I would suggest you MOVE it immediately to somewhere safe! I'm sure one of my fellow CAGgers will be along soon and offer you more advice. Good Luck!! Impecunious!
  17. Firstly, please don't worry!!! Secondly, don't be pressured into borrowing money to pay the bailiffs. It's NOT necessary or advisable. Thirdly, DON'T believe a word the bailiff says. Honestly, they're mainly hot air and bluster. There is no three strikes and you're out. They're just out to make money! They're deliberately trying to pressure you into paying up! Have a read through the posts on here - you'll soon start to see a pattern emerging. There are lots of positive things you can do: Look out the original liability order to see how much it's for. Write to the bailiffs requesting a breakdown of their charges. You'll find a template in the course of your reading. Then post them up here and fellow CAGgers can look at them to see if there are any discrepancies. Look and see if you come under the label of "vulnerable" - perhaps single mum with young children? On benefits, low wage, etc. Make sure that you DON'T let the bailiff gain access. As he hasn't gained previous entry, he can't simply come back and seize your goods! BS! Keep your windows and doors locked (in this weather that isn't too difficult). Move everything out of your garden and lock it away. IF you have a car, move it away well away from your house. You DON'T have to talk to bailiffs, DON'T telephone them either. Make sure everything is done in writing - keep a paper trail. Look at paying the Council online - using your reference number for the year of the arrears (so that payments aren't used to reduce this year's liability). Only pay what you can realistically afford and sustain and then make sure you keep up payments. Make a cup of tea and stop worrying. You'll get really good advice on here - we've most of us been there, done that and have survived. Knowledge is power and all that! Good luck! Impecunious!
  18. I suggest you await further responses. That was just my opinion and I certainly can't claim to be the font of all knowledge. It does look as if the levy is invalid/unlawful with respect to the clothes dryer which would invalid charges, etc. Are the bikes yours? (or your children's ?) Are they in good condition? Dodgy brakes? Rusted chain? Loose gears? Estimated value? Not much I'm thinking! Blimey! How much would a 2nd hand hose pipe be worth? (Especially with that dreadful leak??? ) Rusty old BBQ? Do you see where I'm coming from Smarta? If the goods they've levied on are of little monetary value and don't cover the costs for bailiff, auction, and pay of a proportion of the outstanding bill - the levy is invalid. Bailiffs are just chancers! Please await further posts and then start sending out appropriate letters to Bailiff/Council. Good luck!! Impecunious!
  19. Rossies and "positive experience" - oxymoron! But I'm glad you had a positive experience - you may just very well be in the minority! Impecunious!
  20. For starters, they'd be hard pushed to include a rotary dryer on the levy - items required for cleaning/household laundry cannot be included. How else would you dry your clothes? Also, is it imbedded into concrete base Would love to see them move it. Looks like an invalid levy on several levels. I'd appreciate other people's views. Impecunious!
  21. Contact your Council and ask for an exemption form in respect of Council Tax whilst your property was being renovated. They may be able to apply it retrospectively. I've often used Class A exemptions whilst renovating properties - they were uninhabitable during building work. Good Luck! Impecunious!
  22. I'm not 100% sure but I believe I've read somewhere on here - that if goods aren't seized for a long time after the original levy, that the bailiffs are deemed to have "abandoned the levy". I'm sure someone will come along soon with a more precise answer. Good luck!! Impecunious!
  23. Does your brother still have an outstanding student loan? I believe that Student Loans (amongst other debts) will be left extant after bankruptcy and will still have to be paid. In my case, when I considered the option of bankruptcy, my outstanding student loan an £15K+ and CCJ against me for damages claim (personal injuries) for £26K would still have to be paid - so I dismissed the BR option. Just something to bear in mind. In the great scheme of things, £9K debt doesn't seem so much - especially when most debt repayments can be "managed". Perhaps not the best idea helping him out financially - but that's only my opinion. Wish you luck! Impecunious!
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