Bailiffs Calling Tonight !!! - Help

[hallowitch]

thats good to know we were worried about them stopping the standing order She has an appointment with her solicitor on Thursday about another matter. I will tell her to speak to him about the statutory declaration once again thanks for the quick reply and the very useful info

[hallowitch]

chris600uk have tipped your scales. Can she add to the statutory declaration that the property she lives in is her partners mothers home therefor any property in it belongs to her partner and his mother. Her solicitor knows that when she left her own home and moved in with her partner she had nothing her x partner destroyed or took anything she had when they split up

[chris600uk]

No, she should do a separate one for that in my view - it saves any confusion.

 

I would download the stat dec templates and print them out and sign them to take to the solicitor - that way you might get them done for free.

But don't expect that.

[hallowitch]

OK wrote to bailiffs asking for copy of there charges and payments. for both accounts one account paid in full on other account they have added £90 + vat 13.50 on the The 12th January for a van to remove goods on an account that is not in default she has never missed a payment in 18 mnts. The bailiff did call that day as you can see in my post dated The 12th January.I now need help to write to bailiffs and council disputing these charges i am also going to e-mail my M.P. as this is harassment and only started because she would not change her method of payment they also leved the same goods for both accounts on the same day goods that do not belong to her she gave the bailiff proof that p.c. was her brothers and he still put it on the levey

[hallowitch]

this is the letter i intend to send to bailiff any thoughts on this would be appreciated before i send it

 

 

 

 

 

 

Dear Sir/Madam,

Over the last few weeks I have done some research and spoken to a number people who have more knowledge than myself concerning bailiffs and there charges

 

It has been brought to my attention that some of the charges on the above accounts could be wrong and may in fact be illegal.

I therefore would like to draw your attention to the charges that have been levied on both the above accounts for a p.c. The bailiff saw a copy of the purchase agreement for the p.c. this clearly states that the p.c. was not purchased by me when he saw this he said he was not leaving without levying something

I live with my boyfriend and his mother in his mother’s home and was put under immense pressure to allow this p.c. to be put on the levy or he was going to put a levy on my partner’s belongings.

I believe you cannot levy other people’s property if you have proof that they do not belong to the debtor. The bailiff also levied the same items on both accounts on the same day. I also believe this to wrong as a bailiff cannot levy the same items on both accounts and cannot levy both accounts on the one visit.

None of these accounts have been in default and as it stands account JACOBS REF: XXXXXXX is now paid in full

However, a bailiff called at my home on the 12th January while I was out he left a NOTICE OF INTENTION TO FORCE ENTRY AND REMOVE GOODS. TAKE NOTICE that you have failed to pay the balance outstanding we must remove the goods for sale and he was re-attending that evening to remove goods. I was very distressed about this, as I have NOT missed a payment.

I spoke to the bailiff on the phone and informed him that this account is being paid and not in default he told me that he would phone his office and could I phone him back. This I did and was told by the bailiff that it was on hold and he would not be coming that evening I actually phoned him again later that evening to confirm he was definitely not coming

I now have a copy of both accounts charges and there is a charge dated 12th January 09 for attendance /van £90.00 vat £13.50

Can you please confirm why I have had these charges added to account JACOBS REF: XXXXXX

There is no default on this account it has been getting paid by standing order every week. In fact there was no reason for the bailiff to call on the 12th January. I am assuming that is what these charges are for can you please confirm this I have also sent you a photo copy of the p.c. agreement with this letter

As Wrexham, council is your client I will also be sending them a copy of this letter your charges and all coresponance sent to me from Jacobs

I am now asking you to investagte this matter and write to me within 14 day with your findings

 

 

Yours

[hallowitch]

does the above letter OK to send to bailiffs please could someone look it over before i post it thanks

[fwog]

Hi Hallowitch

 

Its a good leter but dont give them too much information. Keep it succinct and to the point. Try to keep to the legal bits and not explain yourself too much. Hang fire a bit, hopefully an adept word smith will post you a streamlined version. Like I said, its a good letter, but your not dealing with reasonable people;)

 

Best of luck

 

Fwog

[chris600uk]

this is the letter i intend to send to bailiff any thoughts on this would be appreciated before i send it

 

 

 

 

 

 

Dear Sir/Madam,

Over the last few weeks I have done some research and spoken to a number people who have more knowledge than myself concerning bailiffs and their charges.

 

I now understand that some of the charges on the above accounts are wrong and illegal, and in particular I believe that the charges that have been levied on both the above accounts for a p.c are unlawful.

 

The bailiff saw a copy of the purchase agreement for the p.c. this clearly states that the p.c. was not purchased by me when he saw this he said he was not leaving without levying something

I live with my boyfriend and his mother in his mother’s home and was put under immense pressure to allow this p.c. to be put on the levy or he was going to put a levy on my partner’s belongings.

 

You cannot levy upon property if you have proof that they do not belong to the debtor.

The bailiff levied the same items on both accounts on the same day. I understand a bailiff cannot levy the same items on both accounts and cannot levy both accounts on the one visit.

 

None of these accounts have been in default and as it stands account JACOBS REF: XXXXXXX is now paid in full

 

However, a bailiff called at my home on the 12th January while I was out he left a NOTICE OF INTENTION TO FORCE ENTRY AND REMOVE GOODS. TAKE NOTICE that you have failed to pay the balance outstanding we must remove the goods for sale and he was re-attending that evening to remove goods. I was very distressed about this, as I have NOT missed a payment.

 

I spoke to the bailiff on the phone and informed him that this account is being paid and not in default he told me that he would phone his office and could I phone him back. This I did and was told by the bailiff that it was on hold and he would not be coming that evening I actually phoned him again later that evening to confirm he was definitely not coming

I now have a copy of both accounts charges and there is a charge dated 12th January 09 for attendance /van £90.00 vat £13.50

Can you please confirm why I have had these charges added to account JACOBS REF: XXXXXX , because I understand that it is unlawful to charge fees for work that is NOT done - you cannot charge removal costs for not removing goods.

There is no default on this account it has been getting paid by standing order every week. In fact there was no reason for the bailiff to call on the 12th January. I am assuming that is what these charges are for can you please confirm this I have also sent you a photo copy of the p.c. agreement with this letter

As Wrexham, council is your client I will also be sending them a copy of this letter your charges and all corespondence sent to me from Jacobs.

 

Please investigate this matter and write to me within 14 days confirming that you have amended your records, failing that I will be forced to make a form 4 complaint to the court.

 

 

How does that sound?

Edited January 26, 2009 by chris600uk
needed a bit more IMHO

[chris600uk]

Not streamlined, adjusted

[hallowitch]

thanks very much you are a DIAMOND I know its my daughter but i am paying it for her and i am pxxxx off at what they are doing to her because the don't make any money from her and this started because she wont pay her account cash every week and she has not missed a payment in months and then to charge her for a van on the 12th is harassment as far as I'm concerned they are ****ehawks i sent an e-mail to my MP

[chris600uk]

to charge her for a van on the 12th is harassment as far as I'm concerned

 

 

Actually as far as I am concerned it's fraud

[fwog]

Not streamlined, adjusted

 

Good stuff!

 

Fwog

[hallowitch]

chris600uk you are right it is fraud but she has been paying this for well over a year now and this sxxx only started because she wont change her payment to a cash payment that you have to do manually every week

 

she phoned Jacobs office on the 12th the same day the bailiff had been and ask them to send a copy of her accounts but they only sent one account the one that had been paid in full She had to phone them a week

later to get a copy of the other account the one with the charges added on

 

Ive got another question that i could do with some help with

 

I'm going to send a S.A.R. to the council and she still ows them money but are not pursuing her for it at the moment so when they get this i reckon the will start looking for their money

can she refuse to have anything to do with these bailiffs

before i send it i am going to start paying council £5 week (standing order hopefully with her old rent account number)

 

thanks your a STAR

[hallowitch]

adjusted letter to Jacobs in post recorded delivery letter to council will be hand delivered tomorrow any idea what department i address it to

[hallowitch]

i now have my reply from jacobs what next

 

[chris600uk]

"When the levy was initially carried out you signed the document claiming the goods to be owned by yourself. At the point of Jacobs having to remove goods then sufficient proof will have to be shown as to whom the goods belong to prevent the removal."

 

This is the first hurdle you must clear.

 

You must explain carefully so there can be no misunderstanding how these items came to be levied upon and who they belong to.

Then you should provide statutory declarations from the owners claiming back the seized/levied items.

 

Then, you either remove any other items from your house or sell them to another person who you trust - which will make any further attempt at removal pointless.

[hallowitch]

when the bailiff was in the house she explained to him that it was her boyfriends mothers house and nothing belonged to her he then said you must have brought something from your old house and she said well i brought my brothers pc and a telly that my mum gave my son she produced the sale agreement for the PC and told him the telly was in other room he wanted to Levey the 50in plasma that belongs to her boyfriend and was bought by his grandfather he insisted it was the PC or the plasma telly so she told him to to put the PC and her sons telly given to him by me the bailiff was collecting for 2 council tax bills and he put the PC and telly on both Levy's on same day as for the van charge he should not have been there as she is paying the account never missed a payment but they want her to change payment method to manual payment by allpay or over the phone but both these methods of payment carry a charge of £2 plus 35p vat and as they are manual payments there is more chance of default we sent them the copy of sale agreement with the letter last week cant understand why they didn't remove the van fee as the should not have been to the house in the first place

[chris600uk]

It sounds like an invalid levy, but first you have to tell the bailiffs office in writing/email, with an email copy to the council tax, head of council tax, councillor, and your MP

[hallowitch]

i done that bailiff said they are valid sent e-mail to my M.P. 2 weeks ago no reply haven't sent letter to council was waiting on reply from bailiff before i got in touch with council

[chris600uk]

Well the bailiff WOULD say that wouldn't he!

 

You have to understand that some bailiffs lie, and will continue to lie because they get away with it.

 

So when you signed the document (wpa?) that gives the bailiffs back office the justification to say that the levy is valid until you prove it wasn't.

[chris600uk]

haven't sent letter to council was waiting on reply from bailiff before i got in touch with council

 

H you have to see why I'm saying this.

 

The council are responsible for the bailiffs actions - so when you write to their agent, you should send a copy of that correspondence to them, and just to make sure it isn't ignored, to the head of the council tax dept as well, and to make doubly sure to your local councillor, and just for good measure send an email copy to the lazy so and so your area voted into Parliament.

 

If you do this at every reasonable opportunity, at some point the tide will turn in your favour.

[hallowitch]

so what do i do next my daughter is going to hand deliver a letter to the council on Monday what else can i do do i have to wait on a reply from council before do anything else

[chris600uk]

No

 

You provide evidence of who actually owns the property.

 

The items levied are actually the bailiffs property right now.

 

The owners should claim them back, statutory declarations are very good for this.

[chris600uk]

Once the owners have claimed their property back you challenge the bailiffs charges (IN WRITING) and threaten to make a complaint to the court if they don't withdraw the charges for the invalid levy.

[hallowitch]

i will send my lazy so and so of an M,P. another e.mail in fact I'm going to email my member of the welsh Parliament also