Merton Bailiff 'Services'? Please help me if you can

[i8unfairtax]

Hello to everyone and thank you in advance for any support or advice.

 

I am very confused about some of the seemingly contradictory information I am finding...

 

My sorry tale with the bailiffs is this one; they came 4 days ago while I was at a school parents meeting and unfortunately my Italian friend (who’s staying with me for a few days) opened the door as she got scared not understanding what was going on. The bailiff asked for me and realising I wasn’t home he simply gave my friend a Form of Walking Possession and a Notice of Seizure of Goods and Inventory stating that they will be back in 7 days to remove the goods if I haven’t paid my council tax arrears. I am obviously in no situation to pay the £1xxx right now and am quite confused about my rights and what to do...

 

I understand that “once the bailiffs have gained access peaceably and validly levied distress, they can use force to gain entry on any subsequent visits”.

In my case though, as my friend explained, they did not gained access as they actually never stepped in the house but stayed outside on the doorstep.

Also, on the Notice of Seizure of Goods and Inventory they scribbled something totally not legible for the description of the goods. Obviously they couldn’t make an inventory of the goods since again the didn’t enter the house, yet they chose to pretend they did (they also charged a £12 Walking Possession Fee).

 

Until now I believed that both the Walking Possession Order and Notice of Seizure were invalid because firstly I wasn’t home when they called (my friend is obviously not the debtor) and they did not enter the house, secondly the inventory does not clearly identify which goods have been seized and thirdly the Walking Possession is not signed. Now that’s the theory but in practise I don’t know if it’s going to stop them breaking the door when they come back on Tuesday as they will surely pretend that correct procedure was followed the first time round. I have also heard of the nastiness of Merton’s bailiffs...

 

Sorry about the long thread but I am completely stressed and confused... Oh, and the worst thing is that I probably even won’t be at home to try stopping them on Tuesday as I have a job interview that day and I CAN’T not go, I need and want that job...

 

Peace to all,

 

Fran

Edited July 15, 2008 by i8unfairtax
Didn't copy and paste properly from Word

[Saffronflowers]

Fran - just replying as no one else has -firstly is any of what they have levied on the WPO at all legible, if so what is it and does it belong to you. Were the pieces of information in a sealed envelope and did the bailiff discuss any of the matter with your friend? I feel that there have geen some serious breeches of confidentiality however this does not sort the CT problem.

 

I would feel very assured that the WPO is invalid if any of the items are listed that are in your house, as they cannot just write Microwave, computer etc, they have to put speicfics on there. So DO NOT under any cirucmstances allow them acess or beleive that they have the right to do so as they have a supposed WPO. Keep all doors and windows locked shut.

 

Have you spoken to the Bailiff and try to come to some sort of arrangement? I am trawling the depths of my emory and I think that Merton Bailiffs are almost like an inhouse bailiff company and are not very amenable. Can you PM me the name of the Bailiff as this might remind me of a previous case, do not write it here.

 

I know it is difficult but tyry not to worry too much and let us help you sort it ou.

 

SFx

[tomtubby]

I would not normally say this on an open forum but here goes:

 

Merton Bailiff Services is not a company as such. It is the in-house bailiff section of Merton Borough Council.

 

A number of local authorities have their bailiff work in-house. This practice is likely to increase considerably if, as expected, the governement require that the councils PAY an up front fee to the bailiff companies when passing liability orders to them for enforcment. In addition, the local authorities of course get to KEEP all of the bailiff fees including levy fees, walking possession fees and crucially the dreaded "attending to remove" fees for themselves and this additional revenue stream will be used to fund the council recovery team.

 

Once particular council that sucessfully uses in house bailiffs is Brighton and Hove and to be fair, although there will always be complaints, our office have never yet heard a complaint about B & H. The same cannot be said for Merton Bailiff Services.

 

Every day we are receiving more and more complaints about this local authority and the huge fees that they are charging to their own customers (ie: council tax payers). We understand that a number of people have written to the Local Governement Ombudsman as well and that some people have taken examples to the press.

 

Turning to the levy that this bailiff has apparently made. You have not stated what items are listed, but from what you have written it would appear that this in not valid. A bailiff cannot carry out a visual inspection. There is case law on this.

 

I would suggest an immediate letter to the council to complain and to state that you will consider a complaint to the court unless they agree that this WP is immediately cancelled and that you will NOT allow a bailiff from MBS to come into your home and that you require confirmation that all fees and charges associated with this visit be immediately removed.

 

 

PS: Can you let me know by PM ONLY the name of the bailiff so that I can check whether or not he is certificated.

[WWOW]

Hello to everyone and thank you in advance for any support or advice.

 

I am very confused about some of the seemingly contradictory information I am finding...

 

My sorry tale with the bailiffs is this one; they came 4 days ago while I was at a school parents meeting and unfortunately my Italian friend (who’s staying with me for a few days) opened the door as she got scared not understanding what was going on. The bailiff asked for me and realising I wasn’t home he simply gave my friend a Form of Walking Possession and a Notice of Seizure of Goods and Inventory stating that they will be back in 7 days to remove the goods if I haven’t paid my council tax arrears.

 

Walking possession agreement hasn't been agreed, No entry made by the bailiff so no fee applies. You need to revoke the bailiffs entitlement to charge a fee (see below).

 

I am obviously in no situation to pay the £1031 right now and am quite confused about my rights and what to do...

 

Make a sensible offer direct to the council (and since the bailiff appears to work for the council anyway its one of the same)

 

I understand that “once the bailiffs have gained access peaceably and validly levied distress, they can use force to gain entry on any subsequent visits”. In my case though, as my friend explained, they did not gained access as they actually never stepped in the house but stayed outside on the doorstep.

 

The bailiff cannot use violence of any sort to gain entry to your home. Otherwise they commit Breaking and Entering and Criminal Damage.

 

Also, on the Notice of Seizure of Goods and Inventory they scribbled something totally not legible for the description of the goods. Obviously they couldn’t make an inventory of the goods since again the didn’t enter the house, yet they chose to pretend they did (they also charged a £12 Walking Possession Fee).

 

It’s not valid. Do you have a copy? - Hooooray if you do, you could make noises with it. Ask if you want to do this.

 

Until now I believed that both the Walking Possession Order and Notice of Seizure were invalid because firstly I wasn’t home when they called (my friend is obviously not the debtor) and they did not enter the house, secondly the inventory does not clearly identify which goods have been seized and thirdly the Walking Possession is not signed. Now that’s the theory but in practise I don’t know if it’s going to stop them breaking the door when they come back on Tuesday as they will surely pretend that correct procedure was followed the first time round. I have also heard of the nastiness of Merton’s bailiffs.

 

If the bailiff is employed by the council, they will be less motivated to overcharge you or become heavy-handed. This is because they are probably salaried rather then self-employed and paid on results.

 

 

Sorry about the long thread but I am completely stressed and confused... Oh, and the worst thing is that I probably even won’t be at home to try stopping them on Tuesday as I have a job interview that day and I CAN’T not go, I need and want that job

 

Peace to all,

 

Fran

 

First, send this letter (tweak as required) addressed to the bailiff to revoke the walking possessions agreement and its fee.

 

NAME OF BAILIFF

Address 1

Address 2

Address 3

Address 4

 

[DATE]

 

Dear Sir/Madam

 

Re: [Your Reference] Visit by your bailiff on [DATE]

 

I write understanding that [NAME OF] Authority appears to have instructed you to recover unpaid council tax and you the above address visited while I was out.

 

This notice directs that you are not being given entry to my home or to levy goods contained within. This notice revokes your entitlement to charge a Walking Possessions fee because you failed to follow correct procedure in applying a walking possessions agreement.

 

Due to my circumstances I am unable to pay the debt in whole and will make payment of £[AMOUNT]] each month for [NUMBER OF] monthly installments.

 

This may seem a long time but it’s the only offer I can afford and it allows me to pay future Council Tax liabilities without falling into arrears.

 

Please be advised it is not a "criminal offence" for me to deny a bailiff entry to my property, if a bailiff threatens me with getting a locksmith without a levy or tries to break & enter my home, I will automatically make a complaint to the police and you may face a criminal record.

 

This document is delivered by Royal Mail and I deem it good service on you by the ordinary course of post under Section 7 of the Interpretation Act 1978 and therefore it is your responsibility and in your own interests this letter is handed to the relevant person within your organisation. I regret I am unable to discuss this matter by telephone or in person.

 

Yours Truly

 

 

YOUR NAME

 

If a bailiff turns up at your door, hand this to him through an open window. NEVER open the door. NEVER confirm or admit your name and address. Tell him you can’t answer any questions.

 

To: [NAME OF BAILIFF]

 

BY HAND

 

[DATE]

 

Dear Sir/Madam

 

Re: Your visit to [ADDRESS AND POSTCODE]

 

The council appears to have instructed you to recover arrears from me.

 

This letter gives you notice that you are not being denied peaceful entry to my home or to levy goods contained within and I will not be signing anything for you. This notice revokes your eligibility to charge a Walking Possessions fee or other fee relating to the handling of goods.

 

Due to my circumstances I am unable to pay the debt as you demanded because it is unrealistic. I have sent an affordable payment direct to the council along with a written schedule of repayments.

 

Please be advised it is not a "criminal offence" for me to deny a bailiff entry to my property, if you suggest to me otherwise I will automatically report you to the police and you may face a criminal record.

 

Meanwhile please provide me with a written breakdown of your fees you have demanded and put it through the letterbox and quietly leave the property. If your fees contradict those prescribed by law I will automatically file a Form 4 complaint against you at your certificating court for attempting to defraud me under Sections 2 and 4 of the Fraud Act 2006.

 

This document was passed to you by hand, and a photograph using a mobile phone has just been taken showing you standing outside the above address reading it.

 

Yours Faithfully

 

 

YOUR NAME

]

 

If you want to make noise with that bent walking possessions agreement then you can make an official complaint against the bailiff by completing a form 4 enclosing a copy of the walking possession document. http://www.hmcourts-service.gov.uk/courtfinder/forms/form4_0606.pdf Have your ducks lined up before sending this off.

 

[i8unfairtax]

First, a big thank you from the bottom of my heart to Saffronflowers, Tomtubby and Wwow for giving me and others their time and helpful advice... It’s good to see that you’re not alone and that there will always be people who care and sympathise with others in difficulties.

 

To Saffronflowers, no nothing at all is readable on the WPO and again, they could not possibly have levied anything as they did not enter my house and the corridor that they might have seen as they were standing on the doorstep, is completely bare. Also, they handed the papers to my friend like that, not even putting them in an envelope, as you pointed out it clearly is a breach of confidentiality.

 

I’ve phoned both Council and bailiff as I panicked when I saw the papers. Merton said they couldn’t do anything and that I had to deal with the bailiff directly. I phoned him (not having realised at the time that neither WPO and Notice of Seizure had been served legally) and said that I was willing to pay but simply didn’t have the money. His comment was; “have you spoken to the council?” and when I said I did and that they had told me to phone him he simply said to try to find the money and to call him back on Monday.

[i8unfairtax]

Later in the day, after having finally realised something was dodgy, I sent an email to Merton Council and also a recorded letter to MBS, neither as well written as your example Wwow but saying more or less the same thing. I do have a copy of the Notice of Seizure of Goods and Inventory and I think threatening them of Court action unless they agree to cancel the WP is a brilliant idea, but there is not much time left untill Tuesday...

Shall I still phone the bailiff on Monday and try to find out if he really intends to come on Tuesday? Again, I probably won’t be home to stop them if they come and choose to proceed with the removal anyway even though it would be totally illegal.

[WWOW]

I do have a copy of the Notice of Seizure of Goods and Inventory and I think threatening them of Court action unless they agree to cancel the WP is a brilliant idea

Never threaten a bailiff, he can counter-claim blackmail.

 

but there is not much time left untill Tuesday

If you make a Form 4 formal complaint against a bailiff, the results are not instant, it could be months before the bailiff goes before the judge.

 

Shall I still phone the bailiff on Monday

Never phone a bailiff unless you are asking him for his certificate number and name of court that issued it.

 

Again, I probably won’t be home to stop them if they come and choose to proceed with the removal anyway even though it would be totally illegal.

Has the bailiff threatened you that he will break into your property? If so then you should contact police and show them that document. Get an Incident reference number or better, a crime number.

Attend your job interview and ask a friend to house-sit for you, they must NEVER answer the door and call police on 999 if anyone tries to break in.

 

If you want to make an official complaint against a bailiff, download a Form 4: http://www.hmcourts-service.gov.uk/courtfinder/forms/form4_0606.pdf

 

In the Details of Complaint:

 

I make this complaint because on [DATE] I was charged by the bailiff when he recovered a debt for unpaid council tax of £[AMOUNT] because the bailiff wrote out a walking possession inventory while I was out and handed it to a flatmate.

 

I attach a document I understand to be a copy of the Walking possessions agreement. It is illegible because the bailiff couldn’t gain access to the property and he is pretending he has. He also threatened he can lawfully commit breaking and entering, burglary and steal ('recover') goods by virtue of this document.

 

The bailiff also charged me for a Walking Possessions Fee of £[AMOUNT] when no peaceful entry to my property was made and no physical contact was made on my goods and did not give me reasonable opportunity to pay and I have not signed any document.

 

I tried to seek an amicable resolve with the bailiff but he became defensive and vexatious in nature.

 

I ask for a refund of £[AMOUNT] plus any compensation the court thinks fit and for my time and remuneration for my effort in seeking discovery of information.

 

Meanwhile send this letter to the council enclosing first installment (if due). Tweak where needed.

 

Name of Council

Council Tax department

Address 1

Address 2

Address 3

Address 4

 

[DATE]

 

Dear Sir/Madam

 

Re: [YOUR NAME & ANY REF]: Visit by your bailiff on [DATE]

 

I have had an opportunity to seek advice and I write on the understanding that case law has ruled an authority is liable for its bailiffs.

 

On [DATE] I was visited by your bailiff collecting unpaid council tax. We were unable to reach an amicable resolve and the bailiff showed threatening behaviour and became vexatious in nature.

 

On [DATE] I asked you the council to take the case back from the bailiffs because I had already making regular payments to clear maintenance arrears, and my request was declined.

 

I now ask the Council to:

 

a) Take the case back from the bailiff.

b) Accept my original offer to pay £[AMOUNT] a week to clear the arrears

c) Pay me a reasonable compensation for my inconvenience and for my efforts in seeking discovery of information and

d) Receiving an over-zealous bailiff acting for you making unrealistic demands of money.

 

If you fail to satisfactorily complete the above I will automatically escalate the complaint to the local government ombudsman in fourteen days from the date of this letter.

 

Please be advised are not entitled to enforce payment of bailiff fees pretending it is unpaid council tax. The law prescribes bailiff’s fees for unpaid council tax by way of Regulation 45(2) of the Council Tax (Administration and Enforcement) Regulations 1992. I note you are currently subverting the law with your own published tariff.

 

Due to my circumstances I am unable to pay the debt as demanded by the bailiffs and I will make payment of £[AMOUNT] each month for [NUMBER OF] monthly installments with a final installment of £[AMOUNT]. This may seem a long time but it's all I can afford and allows me to pay future liabilities without falling into arrears. I confirm I am not refusing to pay this debt.

 

This letter is delivered by Royal Mail and I deem it to be served on you by the ordinary course of post in the meaning of Section 7 of the Interpretation Act 1978. It is your responsibility and in your own interests this letter is handed to the relevant person within your organisation.

 

Yours Sincerely

 

[NAME]

Enc 1st payment.

[WWOW]

For the record, the law prescribing bailiffs fees for unpaid council tax is Regulation 45(2)(b) of the Council Tax (Administration and Enforcement) Regulations 1992 : The Council Tax (Administration and Enforcement) Regulations 1992

 

Merton Council is subverting the law with its own ideas on bailiffs fees for collecting unpaid council tax, Tut. This commits an offence under Section 2 of the Fraud Act 2006 Fraud Act 2006 (c. 35)

 

Screenshot below is taken from here: Non payment of council tax - Merton Council

 

 

[Fair-Parking]

Fran. One thing you shouldn't worry about is bailiffs entering your house whilst you are not there. Case law prevents them doing that. I'll look up the case and post it. Nor can bailiffs levy with out entering your house. (Evans v South Ribble Council 1991). Nor does the law oblige you to stay in and deal with these people.

 

As for Merton Bailiff Services. I can concour with Tomtubby on their highly questionable procedures. This is a pretty foul organisation that cares little or nothing for the law. Indeed one particular foot in the door bailiff there has worked out that as the police know very little about bailiff law, he can use them for assistance on decriminalised matters. On their arrival he lies to them about his 'right of entry' for which he does not have any court warrant.

 

MBS is welcome to read this and to challenge the validity of the above.

[tomtubby]

See my thread on this company below:

 

Merton Bailiff Services.... WRONG BAILIFF CHARGES !!!!

[Fair-Parking]

The case in question is Khazanchi v. Faircharm Investments (1998 wherein it was held that neither police nor bailiff had any right of entry even when the owner had consented but had left their home locked, being unaware of the time the police/bailiff had intended to visit.

 

A county warrant of eviction states a time and date, but I understand that this particular bailiff has merely indicated a day on which he intends to return. Thus the above applies.

[i8unfairtax]

Again, thank you to all for the support, I won't be so worried to leave the house tomorrow knowing now that's highly improbable the bailiff will turn up.

 

However, I will still lodge a formal complaint against the bailiff as his actions were downright illegal. Also Merton Council needs to cleanup its act, it has a duty to look after all its residents (especially the most vulnurable) and should set the example (i. e. respecting procedures NOT using intimidation, false documentation and charging extortionate fees).

Here, the message sent from the LA via its in-house bailiff services is to say the least dubious...

 

Fran

Edited July 10, 2008 by i8unfairtax
Typo

[i8unfairtax]

To Wwow letter to bailiff: "This letter gives you notice that you are not being denied peaceful entry to my home or to levy goods contained within and I will not be signing anything for you".

I assume you mean given and not denied...

Edited July 7, 2008 by i8unfairtax
Typo

[WWOW]

Well spotted. Change paragraph to:

 

This letter gives you notice that you are not being given peaceful entry to my home, levy goods contained therein and I will not be signing anything for you. This notice revokes your eligibility to charge a Walking Possessions fee and any other fee relating to the handling of goods or entering a property.

[i8unfairtax]

Hello,

 

Quick update on the situation, not surprisingly after the letters sent to MBS, no bailiffs turned up on Tuesday or since! A friend was kind enough to house-sit, just in case, while I went to the interview (did my best but didn't succeed there unfortunately). Anyway, here's a quote from a letter I received this morning from MBS:

 

"My bailiff has confirmed his legal entry to your property and that the signature obtained (???) on the Walking Possession notice was not yours. As my initial letter confirmed, the fee associated with this notice would be waived if you didn't sign it and this has now been amended. Further action will be taken as prescribed in the regulations that you are no doubt familiar with."

 

Again, no legal (or otherwise) entry to my property was made and my friend didn't sign anything. Aren't they shooting themselves in the foot here and implicitly admitting the invalidity of the WPO and their actions?

 

Shall I send a copy of the WPO and the Inventory to them and the council (as a proof)? I haven't had any news from the Council Tax Department yet...

Edited July 10, 2008 by i8unfairtax
Typo

[bullied by bailiff]

Please PM me as I have a form 4 against merton bailiffs and YES I have evidence of bullying and extortionate gharges