Bailiff Visit, given 48 hours - Urgent help

[ibz]

Dear all,

 

Please can someone help me as the bailiff has given me 48 hours, he visited today and dropped off an attendance notice, the clearance of goods letter and a new levy on my dads & brothers cars in the drive. I called him and informed him of the illegal levy on cars that don't belong to me and said i wrote to his office telling them not to levy on these cars as i had noticed from a subject access request that the bailiff had paid special interest in them in his last visit.

10 mins after hanging up on him, he called me back on my mobile and said he has just levied on my car which was now in the drive (as i had been out when he must have called).

I then spoke to the council who said they will investigate and will hopefully speak to them tomorrow.

I won't bore you all with the history of my ongoing problems with CCS, but please have a quick read of the following to get a better understanding:

 

http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/147539-ccs-enforcement-bailiff-help.html

 

I did ask the council whether they had recieved the money for my old council tax debt prior to the credit card chargeback going through and they confirmed they had.

So my question is can the bailiff still use the original levy (walking posession) that i signed many years ago to get there charges back which is what they are now chasing me for also can they levy on my car in the drive without me actually signing the form.

 

Please help on what i can do.

 

Many thanks

[chris600uk]

Well, maybe that will be a lesson learnt

 

Don't ever phone a bailiff, not unless it's to gather information.

[ibz]

I know silly mistake i made but i panicked with the 48 hours notice before goods will be seized and more extortionate charges applied.

[chris600uk]

10 mins after hanging up on him, he called me back on my mobile and said he has just levied on my car which was now in the drive (as i had been out when he must have called).

 

 

What?

 

He rang and said he'd levied - you mean he actually went back to the house and carried out a levy?

 

Put the documents through the door?

[chris600uk]

Ok, golden rule, never park your car outside your house if you think bailiffs will be involved. Park it somewhere else, preferably out of sight.

[ibz]

He said there is a Fiat Punto in the drive which is registered in your name, has no finance, has a book value of £1050, will prob sell for less and that he will proceed to take that if i do not pay him the money due in cash within 48 hours.

No letter was put through the door though for this vehicle only for my dads and brothers cars was (looking at it, it says - Pursuant to the above order, the items listed below have today been seized and will be sold by public auction without reserve unless full payment including all costs are paid into our office by 24th October 2008) - the thing is nothing was seized.

[ibz]

Ok, golden rule, never park your car outside your house if you think bailiffs will be involved. Park it somewhere else, preferably out of sight.

 

Thanks, i will do this from tomorrow - but would he still be able to force an entry into my property with the original walking possesion order that i stupidly signed a few years back even though the council say this debt has been paid off. as he is now chasing there fees.

Thanks

[chris600uk]

the council say this debt has been paid off. as he is now chasing there fees.

Thanks

 

Hang on, you mean he is chasing the bailiffs charges and using the powers granted by the liability order that you have paid off?

 

Is that what you're saying?

[ibz]

Yes, the council guy i spoke to was a collection team manager and confirmed they had received payment.

 

Originally i paid this debt to the bailiff using a credit card, once payment had gone through, i left it for about 2 weeks disputing the bailiff charges with the bailiffs, letters went back & forth (i always sent the council copies of correspondance between me & CCS), by this time the council had received there money, i had obviously got no where with the bailiff charges/fees so filed a chargeback with the credit card which went through fine.

 

So his visit today was for there fees which i had done the chargeback for but he is using the old levy (liability order) as means to gain entry and or push me around and make me pay using cash of which i do not have.

[chris600uk]

He said there is a Fiat Punto in the drive which is registered in your name, has no finance, has a book value of £1050, will prob sell for less and that he will proceed to take that if i do not pay him the money due in cash within 48 hours.

No letter was put through the door though for this vehicle

 

No documents mean no seizure, he probably wasn't there, just remembered it from doing the levy on your relatives cars, and because you ****ed him off by ringing him up and telling him that.

 

Technically he HAS seized your relatives cars, and is entitled to take them away unless they can show that in fact they are the owners not you.

 

It'll cost about a fiver to have a statutory declaration witnessed by any solicitor - although a sharp letter emailed and posted to the bailiffs should do the trick.

 

Only ever speak to them by email and letter, never by phone.

 

No they have no right of entry from levying on items outside the dwelling but within the curtilage of the property.

[chris600uk]

Y

So his visit today was for there fees which i had done the chargeback for but he is using the old levy (liability order) as means to gain entry and or push me around and make me pay using cash of which i do not have.

 

Well Ibz, a wpa gives the right of entry and if refused they may force entry, and if you try to prevent them they can call for the police to restrain you or even arrest you.

 

BUT he can't use an old levy from years ago, because if they don't seize goods listed on the wpa after a period of time they have "abandoned the levy"

 

As far as the fees are concerned, he has no right to use the powers of the bailiff to collect them - he must invoice you, and if you don't pay, then he is entitled to sue you in the small claims court - just like you or me chasing money that's owed to us

[ibz]

Technically he HAS seized your relatives cars, and is entitled to take them away unless they can show that in fact they are the owners not you.

 

It'll cost about a fiver to have a statutory declaration witnessed by any solicitor - although a sharp letter emailed and posted to the bailiffs should do the trick.

 

I thought they can do a check themselves to see who the car(s) belong to, this the council manager said as well. I told him i had faxed and posted them a letter declaring the cars do not belong to me, he asked me to e-mail him the letters again and he will speak to CCS.

 

You say for me to speak to them by email and letter but he has given me 48 hours - i am beginning to understand that he cannot use the original liability order to force me to pay there fees.

 

Thanks

[ibz]

Well Ibz, a wpa gives the right of entry and if refused they may force entry, and if you try to prevent them they can call for the police to restrain you or even arrest you.

 

BUT he can't use an old levy from years ago, because if they don't seize goods listed on the wpa after a period of time they have "abandoned the levy"

 

As far as the fees are concerned, he has no right to use the powers of the bailiff to collect them - he must invoice you, and if you don't pay, then he is entitled to sue you in the small claims court - just like you or me chasing money that's owed to us

 

How should i proceed with this, should i speak to the council and ask them why are the bailiffs using the original liability order to force me to pay there fees when the original debt has been paid to the council and for them to speak to CCS and also follow up with a letter to CCS?

 

Thanks

[chris600uk]

I thought they can do a check themselves to see who the car(s) belong to

 

Theoretically they should, but they don't.

 

Don't worry about the 48hours, electronic mail backed up by a hard copy sent by recorded delivery to the bailiffs, same to council tax office, with an email only to the head of the council tax department, usually called revenues and benefits.

 

Once you've informed them that they have levied on goods that do not belong to you it could get very awkward for them if they then go ahead and take the cars away.

 

Illegal seizure - very naughty

[ibz]

Hi Chris600Uk, i really, really appreciate your time & help in this so many thanks.

 

The guy that i spoke to is indeed in the Revenues section of the Council & is a collection team manager and i have his direct e-mail address & contact number. Should i speak to him tomorrow about this?

 

Thanks

[chris600uk]

xxxx October 2008

 

Re: xxxxxxx Client reference xxxxxxxx 
Please understand that I am fully aware of my rights and you will not

gain peaceful entry to my home under any circumstances to levy goods.

I know the fees allowed under statute and when these fees can be applied.

 

Dear Sir/madam,

 

 

I have now paid the council in full, and have satisfied the liability order, which as you know means that you no longer have the right to attend my property to seize goods.

 

I am amazed that you are attempting to seize goods in an attempt to recover your charges after the liability order has been satisfied.

If you do, you may be liable for charges of Harassment and if the bailiff is demanding fees for work that you have no legal right to do - as you know, this is an offence under Section 2(1)(b)(i) and Section 4(1)©(i) of the Fraud Act 2006, and grounds for a complaint to the County Court under the Distress for Rent Rules 1988 or Form 4 complaint.

 

This account is closed and I expect NO FURTHER ACTION to be taken.

I will pay any fees owing to you, but will only do this when I have received and had time to have checked a full breakdown of charges, including what the fee consists of (showing appropriate receipts if applicable), when they visited, the vehicle used, the name of the certified bailiff and the court at which he was certified, otherwise I am entitled to refuse to pay the fees.

 

If I do not receive the information that I have asked for by return of post or by electronic mail at [email protected] I will make a complaint to xxxxxxxx City Council and a regulation 46 complaint to the Magistrates Court which issued the liability order.

 

I am sending a copy of this letter to xxxxxxx City Council

 

To reduce costs to you and to make it easier to respond to my request, I will accept contact by electronic mail at the email address shown above.

You will receive a hard copy of this message by recorded delivery.

 

Yours faithfully,

[chris600uk]

Hi Chris600Uk, i really, really appreciate your time & help in this so many thanks.

 

The guy that i spoke to is indeed in the Revenues section of the Council & is a collection team manager and i have his direct e-mail address & contact number. Should i speak to him tomorrow about this?

 

Thanks

 

email him first, and make sure you've emailed everybody else - you want to cause as much of a fuss as possible.

[chris600uk]

You need to get across to them all that this won't go away - that you will follow up every item and prosecute if necessary. Although be polite but firm.

[chris600uk]

One last thing before I retire, get the bailiffs name and check if he has a certificate to collect council tax for ccs - because if he hasn't he should really be in the **** for this little escapade.

 

He knows he hasn't got the right to do this.

[ibz]

Cheers mate, really appreciate your help and time - will speak to, e-mail council & CCS and follow up with a faxed and recorded delivery letter to CCS.

Hope it all goes well, also should i park my car away from the house?

 

Thanks

[ibz]

One last thing before I retire, get the bailiffs name and check if he has a certificate to collect council tax for ccs - because if he hasn't he should really be in the **** for this little escapade.

 

He knows he hasn't got the right to do this.

 

Apparently he does have a certificate but it was issued for him when he was working for Rundle & Co and this company is CCS (but i think CCS bought Rundle & Co).

 

Thanks

[chris600uk]

Absolutely yes - if I start on about the Statute of Marlborough now my wife'll murder me! So forgive me if I don't explain it now.

[chris600uk]

Apparently he does have a certificate but it was issued for him when he was working for Rundle & Co and this company is CCS (but i think CCS bought Rundle & Co).

 

Thanks

 

No Ibz, his bond must, absolutely must have the name of his current employer, you need to make sure tomorrow, just in case he has had a new one granted.

[ibz]

LOL, cheers mate - my wife is gonna kill me as well cause i left her to feed our son to sort out this bailiff mess.

 

Really appreciate all your time & help.

 

Good night

[ibz]

No Ibz, his bond must, absolutely must have the name of his current employer, you need to make sure tomorrow, just in case he has had a new one granted.

 

Will check this again tomorrow, would the company running the check be able to tell me about the bond?

 

Thanks