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Everything posted by Gia

  1. I had a default on my credit files from Barclays in 2008. The balance defaulted was mainly made up of penalty charges. When I challenged Barclays about this and requested a refund of all charges, they removed some of the charges as a goodwill gesture. I toldthem the account was still in dispute and that I was lodging a complaint with the ICO regarding the default. They replied to me that the default was being removed as it should not have been put there in the first place. Anyway Cabot has now bought this debt and upon checking my files today they have added a default for this Barclays debt. Surely if Barclays had to remove the default and admitted it should not have been placed on my credit files, then Cabot have basically reinstated the same default with the same date but under their name instead of Barclay's. Are they allowed to do this ????
  2. Just about to email this Dear XXXXX, Thank you for your reply yesterday. Further to my letter of 7th January and after obtaining advice there are various issues that you now need to be made aware of. There are grave concerns regarding the legitimacy of the levy/distress warrant dated 06/01/10. Firstly the levy is invalid/unlawful, the bailiff has levied items (microwave and suite) that were purchased by funds from a Social Fund loan awarded on 02/04/08 (evidence attached), these items are exempt (your bailiff code of practice 2.3 (j)) confirm this. The bailiff at the time was also informed these items were Social Fund purchases. Secondly Following a valid levy the goods seized if removed for auction must: 1 - cover all Bailiff costs & charges 2 - cover all removal & storage charges 3 - cover all costs of the auction 4 - cover all the Auctioneers fees 5 - pay off a proportion of the debt owed. The suite is badly damaged (you are welcome to send someone to view the damage) and not worth £50, the microwave cost only £39.99 brand new, the video is around 20 years old and not in working order therefore worthless. It is very clear the signed levy fails dismally in meeting any of the above criteria. (The inclusion of the suite also falls under your bailiff code of practice 2.3 (e) it is the only seating available therefore exempt) and I refer you to the case law of Mrs Ambrose v Nottingham City Council (2004). I feel that the Bailiff has only made a levy/seized goods in order to gain a financial advantage for himself and his Company, and that the bailiff is therefore possibly defrauding me with his fees contrary to Section 2 of the Fraud Act 2006- false representation. This is because the bailiff levied on the goods believing they will not satisfy the debt, and to increase his fees to an amount that he would otherwise take. The Company are charging me for two previous “phantom” visits on 13th and 16th April 2010, it seems rather strange that bailiffs would appear twice within 7 days of the account being passed to them by the council. Especially as I should have received a minimum of 7 days notice from the bailiffs to give me the opportunity to pay. Where a visit is planned to collect council tax, the local authority must also send a letter giving 14 days notice of the bailiff visit. The only letter received from the Council was dated 14/04/2010 which does not mention a bailiff visit, merely that the account had been passed to XXXX and that I should contact them to arrange payment. (Copy attached). No letter has ever been received from XXXX concerning bailiffs coming to visit. The Enforcement Fee/Attend to Remove fee that has been spuriously charged cannot be added the same day that the levy is issued, a levy would have to have been obtained previously. Thirdly when the bailiff came into my home I was ill in bed, I am long term disabled with various health issues. I had to be woken and get up from bed to deal with the visit. The bailiff wanted to place a levy on my car, but I informed him it was a DLA Motability purchase with a DLA tax disc. Therefore under the above circumstances the bailiff can have been in no doubt as to my vulnerable status. His actions in then continuing to issue a levy on other goods are in breach of your Bailiffs Code of Practice (2.2 C (2)). Which states: If there is any evidence of one of the following, the bailiff should not take any further action without seeking further instructions from the Council: - long term sickness, serious illness, or frailty. Could you please confirm whether or not the Council endorses the action of the bailiff acting as their agent in the above incident and if you were contacted by the bailiff before or after he issued the levy. As you can see from the above the bailiff has most obviously issued an invalid/unlawful distress levy, as a result the fees associated with this levy are also invalid/unlawful. Since the levy was issued I have been forced into paying XXXX the sum of £60, I would like you to recover this sum and deduct it from my Council Tax bill or have them reimburse me with immediate effect, so I am able to pay the amount off the bill myself. Please could you confirm if the Council are aware XXXX is storing clients credit/debit card details on their internal systems without the client’s knowledge or consent, and is this action approved by the Council? Should the invalid/unlawful levy and its associated fees not be removed within 7 days a Form 4 complaint will be submitted to the Courts, as well as other forms of action in which the Council would be named as Defendant as you are solely responsible for the actions of your agents. I look forward to receiving your response in due course. Yours Sincerely
  3. As soon as I get a result from this I will name the council, only holding back the name now in-case they or an employee of theirs are familiar with this forum, will name the bailiff company also.
  4. They sure didn't did they Lol, time to tap the keyboard keys me thinks with a very strongly worded letter to the CEO again, oh and a copy to bailiff to boot
  5. This is my councils code of practice for bailiffs. CODE OF PRACTICE for BAILIFFS April 2006 DIRECTORATE OF FINANCE & CORPORATE SERVICES REVENUES & CUSTOMER SERVICES DIVISION CODE OF PRACTICE FOR BAILIFFS 1. INTRODUCTION 1.1. This document sets out xxxxx County Borough Council's Code of Practice in respect of bailiffs employed on its behalf in respect of the recovery of Council Tax and Non Domestic Rates and forms part of the contract for the provision of the bailiff service. 1.2. It is important to recognise that any company which is acting as an agent for xxxxx County Borough Council is a representative of the Council. Accordingly, the company and its employees must at all times conduct themselves in a manner which upholds the high standards which the Council has set for itself. 2. VISITING DEBTORS AT DOMESTIC PREMISES 2.1 It is recognised that occasionally it will be necessary to make visits to debtors outside normal working hours. However, visits to domestic properties should not be made before 7.00 am or after 9.00 pm without the prior approval of the Council. 2.2 Where the bailiff gains entry prior to a levy: (a) Always ask to speak to the debtor or their partner. If they are not present, do not discuss the case with anyone, but leave the appropriate documents in a sealed, addressed envelope. This is particularly important if the door is answered by a child. (b) If the debtor or his/her partner is available, the bailiff must proceed as follows:- (1) produce his identity card and a copy of the letter of authority from the Council; (2) explain that the Council has obtained a liability order which has been referred to the Supplier; (3) explain the implications arising from (2); (4) give the debtor the opportunity to query the amount outstanding and, if appropriate, to provide any evidence of payment; (5) give the debtor the opportunity to make payment. © If there is any evidence of one of the following, the bailiff should not take any further action without seeking further instructions from the Council:- (1) mental impairment (2) long term sickness, serious illness, or frailty; (3) profound sensory disability (deafness or blindness); (4) recent bereavement of a close relative of the debtor; (5) serious physical disability; (6) communication difficulties including an inability to speak English or Welsh; (7) the debtor is on Income Support; (8) any other indication of hardship or severe financial difficulties; (9) any other circumstances where it is considered that the levy of distress would not be appropriate. 2.3 Distress must not be levied on any of the following items: (a) cooker and cooking essentials; (b) fridge; © beds and bedding (except where there are surplus to the debtor and his family's normal requirements); (d) heating equipment; (e) any other furniture to the extent that it is necessary to satisfy the basic domestic needs of the debtor and his/her family; (f) children's items; (g) clothes (except luxury items); (h) medical aids or equipment reasonably required for the use of the debtor or any other articles reasonably required for training or education of the debtor or his family. (i) articles required for safety reasons. (j) items purchased through DWP social fund grants or loans. 2.4 All staff of the Supplier having contact with debtors should be aware of the council tax benefit scheme, and if they consider that a debtor may qualify for benefit, details of how to make an application should be given to the debtor. 2.5 If more than one visit is required in order to levy distress, such visits must be on different days and at different times of day. A minimum of three such visits, one of which will be made outside normal working hours (i.e. between 8 a.m. and 9 a.m. or between 6 p.m. and 9 p.m.) shall be made in order to seek to levy. 2.6 Bailiffs must give the debtor the opportunity to make payment of the outstanding debt prior to commencing with the levy 2.7 No visits shall be made on a Sunday, Good Friday or Christmas Day, or on any other days as notified by the Council. 3. VISITING DEBTORS AT NON-DOMESTIC PREMISES 3.1 Visits to debtors at non-domestic premises can be made at any time during the trading hours of the business. 3.2 When visiting the debtor's premises, always ask to speak to one of the following: (a) a Plc or limited company - a director or senior manager; (b) an LLP or partnership - a partner; © a sole trader - the owner/proprietor. If one of these persons is not present, ask to speak to someone in a position of authority. 3.3 Provided that a person in a position of authority is present, it is acceptable to proceed with making a levy. 3.4 In some cases, it may be necessary to make discreet enquiries as to a person's whereabouts. It is important that the purpose of the enquiries is not disclosed to a third party. 3.5 On visiting the relevant premises, if the appropriate person (as listed in paragraph 3.1) is available, the bailiff must proceed as follows:- produce his identity card and letter of authority; explain that the Council has obtained a liability order which has been referred to the Supplier; © explain the implication arising from (b); (d) give the person the opportunity to query the amount outstanding and, if appropriate, to provide any evidence of payment; give the debtor the opportunity to make payment prior to commencing with the levy. April, 2006
  6. I had a reply within 15 minutes attached was the councils code of practice for bailiffs. Haven't read it yet but going to tonight.
  7. Just so they are in no doubt that I am gathering ammo for my next attack on them they have both been sent this: Dear Sir, Please can you confirm whether or not the Council have a policy on the passing of the accounts of vulnerable persons to bailiff companies for collection? If so please forward me a copy of your policy. Vulnerable persons are defined by (The National Standards for Enforcement Agents May 2002) as: · the elderly; · people with a disability; · the seriously ill; · the recently bereaved; · single parent families; · pregnant women; · unemployed people; and, · those who have obvious difficulty in understanding, speaking or reading English Also please could you forward me any information leaflet/s you have for the Local Government Ombudsman, I requested this yesterday in a telephone conversation with Miss xxxxx who had none to hand and was unable to locate any. Yours Faithfully
  8. Hi there this visit was the first yes, although they are charging for two previous visits one on 13th April 2010 and one on 16th April 2010, yet the council only passed the account to them on 09/04/2010. I received no letters at all from council or bailiffs to say they were coming, but the bailiffs state they mailed me one on 12th Dec 2010.
  9. They sure picked the wrong one this time, I am a bit like a pit bull once I sink my teeth in I dont let go, and if its fear they want they sure as hell wont find it here Lol.
  10. Unfortuantely no, as I did not think for one minute they would be stupid enough to make threats over the phone in-case I was recording, but this guy is so easy to upset threats seem to come naturally so next time I ring recorded it will be, then a trip to the police station will follow.
  11. Just sent bailiffs and council this via email To: xxxxxt Limited. Ref: Account No: xxxxxxx. CC: Council. 27/01/11 Dear Sir, With reference to the above account, Can you please provide me with a breakdown of the charges. This includes: a - The time & date of any Bailiff action that incurred a Fee. b - The reason for the fee. c - The name(s) of the Bailiff(s) that attended on each occasion a Fee was charged. d - The name(s) of the Court(s) the Bailiff(s) was/were Certificated at. e - The date of the Certification of the bailiffs that have attended. With reference to the above account please provide me with a Breakdown of the charges including Computer Screenshot. This is not a Subject Access Request under the Data Protection Act S7 1998 so does not incur a fee of £10. You are obliged to provide this information. I require this information within 14 days. It appears that your Enforcement Fee is actually an attendance to remove fee, this fee cannot be charged unless a levy had been obtained previously, and therefore I require an explanation of what this “Enforcement Fee” consists of, also please note there is no actual fee for me to make a N4 complaint to the magistrates court, and that you tried to intimidate me with false information during our telephone conversation, so I would not proceed with this action. An explanation of this fee will be required by the court along with all receipts and a complete breakdown as you are no doubt aware. You also stated that you had this morning spoken to the council and had not been told that all payments were now being made to them direct. I suggest you contact Miss xxxxx with whom I made this arrangement yesterday afternoon and confirm this as a matter of urgency. Yours faithfully xxxxxx
  12. Well I just contacted the bailiff compant to ask the names of the bailiffs who attended my property on 13 April and 16th April 2010 and 06.01/11 and they refused to give me theis information as I am not entitled to it. Also I need to think very carefully about upsetting them further or causing them any problems or my debt could substantially increase yet again, this was the offcie maanger talking, oh and in 19 years they never lost a court case, so I need to think very very carefully of doing a N4 against the bailiff cos I will lose without any doubt at all, and by the way if I dont want another visit or two I had better back off now and know whats good for me.
  13. Oh a letter would be great thank you the help on here is outstanding, everyone pulls together to put these bullies in their place.
  14. Yes I have already had him to do this, as he was really annoyed at what he saw happening and offered to write to the council etc without me having to ask.
  15. The bailiff did not leave my lounge or even see the microwave or video. In which case how has he included them on the levy He asked me for three items, he put the suite, then asked about tv I said its my sons not mine, asked about car, I said its motability, then said do you have a table and chairs DVD tumble dryer or microwave, I said I have an old video upstairs somewhere and yes I do have a microwave that I use frequently as I cant bend to use an oven. He then added the video and microwave without leaving the room or seeing them. Another thing I had a witness present when the bailiff came inside the house after my son invited him in, and they heard and saw all that happened when he was in my home.
  16. The bailiffs told me in their reply letter to my complaint that any money paid would now be taken off the bailiff fees and not the council tax. They said this in strict accordance with the appropriate council tax regulation that when executing a magistrates liability order bailiff costs are discharged first. Can they do this when the amount is in dispute, and the actual walking possession order is in dispute as being unlawful/irregular. I have paid £60 since this was issued and I want that money taken off my council tax bill not bailiffs costs. Especially when the whole thing has been mishandled by both the council and bailiffs and guidelines have not been followed. In reality if I am classes as vulnerable should the account have even been passed to the bailiffs in the first place?.
  17. The Liability order was for £446.97 amount outstanding is now £285.97, They did not know what period of time the Liability order covers so I asked to be mailed a copy. It was passed to the bailiff company on 09/04/10. The council say the current balance is £285.97 minus any fees that the bailiff may add, and the bailiff on the walking possession form states the balance as £514.97 including fees. I also told the Council when I rang that the levy is unlawful or irregular as the total of goods does not amount to the fee let alone pay anything off the debt, and that the bailiff acted improperly in that I am disabled and he should have passed the account back to the Council and not served a distress notice, among other things, they were rather worried or so it sounded. I also told them no payments would be made to the bailiff company and I would only pay them direct, take it or leave it, I have a good case and would welcome them taking further court action, they agreed to take the payments and inform the bailiffs that I was now dealing with them.
  18. The three piece suite is the only seating in the house, I am unsure on a label, as I cant move it to check the back, it was bought second hand for £50 three years ago, and is damaged as my cat used both arms for a scratching post Lol, so is virtually worthless now. I use the microwave a lot as much of the time I am unable to bend to use an oven, it was purchased from a social fund loan when I was on Income Support. The bailiff did not leave my lounge or even see the microwave or video. My main concern is the fees that the bailiff added especially the "enforcement" fee whatever this is, and a fee for two previous" phantom" visits The Council are fully aware of my disabilities I am in receipt of a small amount of council tax benefit this year, and I had to provide them with proof of all income.
  19. My son is 22 so should have known better Lol. The notice of seizure states brown leather three piece suite, microwave and video. I claim Incapacity and DLA, I have an impaired spinal function which is basically very bad spinal problems,where the spine is not striaght but curves slightly causing chronic pain and an inability to bend or lift, and walking is painful and very slow. I also have chronic asthma and ME.
  20. A bailiff called and my son invited him in, it was because I was a few weeks late paying council tax, the council obtained a liability order last year and since then I have been paying the bailiff company the amount owed is £345. I complained about the fees to the bailiff company which are down as Levy Fee £33, Walking Possession £11 and Enforcement Fee £125. The company state their fees are legal and correct, I have complained to the council and I am waiting for their reply. I am sending the bailiff company a letter for a breakdown of fees charged, but I have read on here to be suspicious of enforcement fees, what exactly are these can someone help out. Another thing I am disabled and need my sofa and my microwave to cook as I cant always use an oven, and the bailiff put these items on the walking possession order. They also made out that they visited me twice previously in April 2010 and they did not, this visit was the first, yet they are charging for two previous visits.
  21. Thanks for the help. I am going to pay the duty Inspector a visit tomorrow as you advised. What I am trying to find out is : Is it criminal damage because she cut the roots that were inside her property, is there a law that says she can do so but must ensure the tree etc does not get damaged or die in the process. If I can find out the answer to this before I visit the police then I will have covered all what they are trying to fob me off with, and will have answers for everything lol.
  22. They were most certainly tended to for many years. I have seen cases in the newspapers where people have been charged with criminal damage to trees in other peoples gardens, so I am hoping you are right and only wild trees are not covered. The police are using the argument that the roots she had cut were on her property albeit underground obviously, so no criminal damage has occurred.
  23. I checked the Act thank you, but if you see section 10 no1 part a and b I don't believe it applies to trees or am I interpreting it wrong.
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