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urgent in court tomorrow-lost-you need to read this


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Well I fell for you'll understand why!

 

Background

 

Was paying off council Tax £100/month from december, agreement to pay end of each month. End February/beginning March had this years through the post and was over 10 months I phoned Walsall council and they agreed to 12 payments end of each month and that they would send a revised bill out.

 

Received the revised bill and it was over 12 months but included in the bill was the £100 due the end of march so I accepted it. I have just noticed it says Note: £100 0f the total is subject to court proceedings. Anyway yesterday had a letter pushed through the door to say that a bailaff was calling tonight at 19.45 He arrived I answered the door and I he flashed his badge and said he was from Bristow and Sutor am I Mr silly boy. I explaind that Walsall council had added it to this years bill and i'll sort it out with them tomorrow.

 

Call me mister SUCKER

 

He said have you got the bill, I turned to get it he said can I come in I shouted no and as I turned he was through the door. I blocked his way but he pushed against me. I said you are not invited and stood his ground and with out physically hitting him he wouldn't budge. I shouted my wife who blocked his access further I phoned the police and while on the phone I asked him to leave he refused saying that he was court appointed. With the police on there way he went and sat in his car.

 

The police talked to him out side and then came and talked to me. To be honest the police didn't know what to do and admitted they have no knowledge. The bailiff came down the path and I asked the police to see him off the premises to the boundry line they just stood ther while he wrote his bits of paper. I shut the door and closed the letter box. he left the enveloope on the step.

 

The Bailiffs name is (EDIT)

 

i'll post the paperwork after i've stopped shaking and been to the loo

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Thread moved to Bailiffs Forum.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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hang on a second................if a bailiff has "visited" and he charges a levy fee, visit fee and an enforcement fee, he has to levy a copy of the levy of goods he has listed for auction?

 

Sorry to be so thick but laymans terms are only ones that sink in

 

cas

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It is very faint but he levyed against 3 items, a cupboard (don't know what this is but I think it may be the cover for the gas meter and it's a fixture. A mantle clock which was handed down to my wife from her parents and our dining room table and 8 chairs valued 2.5K+.

 

OK todays upshot

 

Phoned National debtline this morning and they advised:

 

1. Contact Walsall council speak to a manager and ask under the circumstances that they take the debt back. At first they didn't want to Know and was not particularly bothered how the bailiff got the money as long as he got the money.After telling him who I was writting to he asked me to pay the £100 but that I will still owe the bailiff fees.

2. Letter to Bristow and sutor complaining in the strongest terms posible. Containing that the fees are being disputed because the bailiff didnot gain peaceful entry

3. Letter to trade association

4. Letter to Walsall Council containing their lack of overseeing how the process of debt collection is happening

5. Letter to local ombusman

6. Letter to OFT

7. optional Letter to police advising them on their lack of knowledge

 

I probably didn't put it quite clear enough in last nights post but the Bailiff (adifferent person to the person on the intial contact letter) was fighting back and it was me who backed off because I was loosing and the site of his steel toe capped shoes swung the balance, Plus enter my wife on the sceen and he settled down giving me the oportunity to back off. I'm 6', 16 st and 50 and he was probably 6'4", 14 st and under 30. I can definately pick um!

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yes the companies like to employ imposing hulks its easier to intimidate then..................

This levy thing, its worrying me, Newlyns plc have told me they can levy against something the bailiffs expectx could belong to the debtor, i.e. car or satalite dish............if this is the case then the fees must stand?

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I will be disputing non peaceful entry and to be sure the world and his dog will know of Bristow and Sutor and M----m D---n (like this because the moderators say so)

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yes the companies like to employ imposing hulks its easier to intimidate then..................

This levy thing, its worrying me, Newlyns plc have told me they can levy against something the bailiffs expectx could belong to the debtor, i.e. car or satalite dish............if this is the case then the fees must stand?

They can try Casbah, but if it turns out the car or whatever doesnt belong to you then the levy is invalid and they cant charge for it.

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Quick update

 

Letters to

 

Reditch County Court (out of the 2 bailiff) one is certified the other is not

Bristow & Sutor

Walsall Council

 

 

Got a letter from Redditch County Court today They have informed Bristow and Sutor and are awiiting their reply

 

Also I have spoken to West Midlands Police who want me to keep them informed and are noted as saying they are unhappy

 

No reply from Britows & Sutor or Walsall Council

 

Any Ideas how long I should leave it before contacting their Association

 

 

 

Another snippet

 

Different bailiffs called on different days yet both envelopes were in the same hand writing ??????????????????????????????????????

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Guest wino

I may be a bit thick and understanding this wrong but what was the £100 for. You say Court proceedings. Did you go to court and this was the fee? Do you owe any arears or just this years?

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Confussion between me and walsall Council They had included my last payment of £100 march 2008 into my balance for this year. So I didn't pay £100 at the end of march because of this.

Back in November 2007 they applied for liability to claim £488.11 (including costs) oustanding council tax, I agreed to pay one payment of £88.11 and 4 payments of £100 and they said the liability was withdrawn. They are claiming it wasn't as per a conversation Monday 26th April 2008. I paid the £100 Friday 26th and this years first payment on Monday 29th April

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  • 2 weeks later...

Quick update

 

I have received letters from Walsall council and Redditch county court

 

I have written back to walsall council saying I am not happy with the responce

 

I have written to Redditch County Court agreeing to take the matter further plus some amendments

 

I am not at this point going to go into detail BECAUSE!

 

some thing I said to someone either at Redditch County Court, or the police or printed on MSE DFW (although very vague) as been picked up in B & S's defence.:? I don't believe in coincedance.

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It must be remembered that bailiff companies regularly view this site and others like it. That is why I have always said that you should not mention bailiff names etc.

 

However, please do keep us all informed of how this matter progresses

 

 

Good Luck....

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Yes I agree with teletubby bayleafs do seem to frequent this site so you need to be careful, whatever you do dont give your name or address out!

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  • 4 weeks later...

I have just received The tape off a 999 call which was made durring a bailiff unlawfull entrance to my house. I am in court tomorrow about this. Council Tax arrears

 

On the Tape he says After I asked him to leave because he is tresspassing and was not invited in:

 

I have a warrent leagal action, I am a court appointed Bailiff and I am exempt from tresspass (italics and underline is just blured)

 

The police heard the warent bit and asked me to ask him what type of warrent, when I asked him he replied:

 

I don't use a warrent (again use could have been need)

 

The question is has he missrepresented himself

 

On the tape I also tell the police that he has not introduced himself or showed me any paperwork

 

Thoughts people please

Edited by kel123
added council tax
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I have listend to it again on another machine and he clearly say

 

I have a warent leagal action, I am a court apointed bailiff and I am exempt from tresspass within the boundry.

 

He also clearly says

 

I don't use a warrent

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Have a look at the original thread

 

'had a fight with a bailiff'

 

Yes he pushed me in with him about 6' untill I managed to push him back about 3'

 

When My wife arrived he settled down (must be scared of women)

 

No warrant just a Council Tax liability for £100

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Was he talking about a warrant to collect debts, or a warrant to enter the house? These are entirely separate issues, though it's highly unlikely he had any warrant at all, in which case the answer as to why a private citizen which is what this bailiff was, thinks he is entitled to enter any other person's home for any purpose without the owner's consent is obvious.

 

The minimum a bailiff needs to enter your property without consent is a court order signed by a judge allowing forced entry.

 

Nor was he likely to have been a 'court appointed bailiff'. Being certificated and being 'appointed' are also two entirely separate matters. If he tried to extract money under this guise then he would be guilty of fraud under section 2 of the Fraud Act 2006 (misreprentation)

 

If he tried to extract money by false documentation then he is guilty of fraud under section 3 of the Fraud Act 2006.

 

What are you in court for?

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It is council tax arrears and a liability order for £100. There is no warrant at all. No court order signed by a judge

 

I had 2 visits from 2 different bailiffs one was certified one was not apparently the one who entered my house was certified, I will know tomorrow which one is which?

 

I complained using form 4

 

My brain say there is a difference between certified and appointed. I think he is misrepresenting his authority

 

We have finally worked out the last bit of his comment

 

I have a warrant legal action, I am a court appointed bailiff, I do not beleave I am tresspassing within the boarders of England and Wales.

 

and

 

I don't use a warrant

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A bailiff is exempt from the law of trespass in that he can enter your property (by this I mean the front/rear garden, but that does not mean he can force his way into your house. He HAS to gain "peaceful" entry in order to be able to force entry on future occasions.

 

Hope that helps.

 

RM

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