Rossendales Have No Signed Walking Agreement but charged me for a van today

[Guest BiG SiD]

Just wondering if you are a bailiff BIG SID they cant just take whatever they like youre talking rubbish there

 

If I was a bailiff, then you'd think I'd at least know what I was talking about! But you clearly know more than I do!!!

 

With the greatest of respect, you are here trying to take advice from a forum packed full of people who have little or no knowledge as to what they are talking about! I've seen on these forum perhaps 3 or 4 people who offer any advice or suggestions that even are approach worthwhile. If you choose to believe those who are guessing and offering opinions of which they know nothing - then that is your choice. What I have stated is correct.

 

Like I say All the best.

[lindsayjane1]

LOL

The people on this forum where right the last time I needed help, the bailiffs didnt get anything

All The Best

[hallowitch]

if you want facts read anything by tomtubby on this site they are the facts

[Guest BiG SiD]

Fair enough - I do not need to defend what I said to anyone.

 

But if someone asks a question: Rossendales Have No Signed Walking Agreement but charged me for a van today. I will answer it. You don't like the answer - fine no problem.

[hallowitch]

in my daughters case the bailiff had been in and done a levy which she did sign and van/attendance fees and i still got them removed because the were unlawful and just for the record a bailiff cannot charge V.A.T. on enforcement fees

[lindsayjane1]

Fair enough - I do not need to defend what I said to anyone.

 

But if someone asks a question: Rossendales Have No Signed Walking Agreement but charged me for a van today. I will answer it. You don't like the answer - fine no problem.

 

ok so why do they bring a van if they havent got a list of items to take

[hallowitch]

a bailiff cannot remove goods without a walking possession order and to get a walking possession order he must gain peaceful entry into your home

[Guest BiG SiD]

a bailiff cannot remove goods without a walking possession order

This is incorrect!

 

If a bailiff has levied distress (which I'm assuming here, if you have been charged a van fee, is exactly what has happened?) - the bailiff (if them goods are removeable on the Van visit - ie: a car outside or can gain peaceable access he/she is free to remove them without any WPA being entered into).

 

If a signed WPA was required for removal as you are suggesting - we could just offer the advice to let bailiffs in, let them do what they wanted to do, or to come as often as they liked, then just simply refuse to sign the WPA!!! - would be nothing they could do!! - which simply isn't the case.

 

Chris, Tomtubby!?... an interesting debate - but I've given up trying to explain it.

[lindsayjane1]

He levied on my partners car on his visit (which isnt on my property anymore) not levied on anything inside,

They wont get in my house until the police come and allow it

[andie_303]

Lindsay - don't bother getting into the debate with him clearly he is set in his ways and seems intent on antagonising instead of helping......

 

anyway, my advice, contact the council and say that as you have paid them £190 direct and the DCA £130 you have calculated the liability order to be satisfied so can you have written confirmation of this - don't engage with them as to whhy you want this and mention nothing about charges to them etc - they have an automatic computer system that means they can log on to the DCA account to see payments made by you. Seeing this they should then be able to send confirmation the liability order has been satisfied. Thats all you need.

[Guest BiG SiD]

He levied on my partners car on his visit (which isnt on my property anymore) not levied on anything inside,

They wont get in my house until the police come and allow it

 

Ok so this is what has happened then. The bailiff can charge you:

 

1) a first attendance to levy fee £24.50 - (or a levy fee, if the levy took place on this visit)

2) a second attendance to levy fee £18.00 - (or a levy fee, if the levy took place on this visit)

3) levy fee (it is for you NOT the bailiff to prove that the car is not yours. NB: a partners car may not be evidence enough to prevent further recovery- as it can deemed to be a jointly owned asset).

4) after all the trouble with WPA on this - they can't charge for this - if NOT signed!!!!

5) THEY HAVE COME BACK - HENCE THE VAN FEE!! - which yes is chargeable - sounds like the bailifff has charged correctly to me (not signing the WPA means nothing as suspected in this case - unless you have been incorrectly charged!!). If they accept the third party claim over the vehicle you may be able to persuade them to credit the respective fees/some of the fees on goodwill (NB: Do not confuse the charging of this (first?) Van fees with removal - ie: you still get charged if they remove or not).

 

The whereabout of the car (for Council Tax) when levied upon means nothing - the bailiff can levy anywhere in England & Wales.

[andie_303]

a levy against your partners car is invalid anyway so no levy has taken place - so as previously said 2 visits only = £42.50 - THATS IT!!

[andie_303]

jointly owned assest my a**e not in her name - their not married - common law doesn't exist - his var, incorrectly levied no charge

[hallowitch]

i am talking about property in the house obviously if there is garden furniture garden tools e.c.t. and they are in the garden he can levy them but he cannot break into your garden shed to levy them if he has levied your partners car and his name is on the council tax then he can levy that

[hallowitch]

indsayjane1

 

they are not withholding the £130 the bailiff get his fees first then they pay the council i read that on a post by tomtubby so i think that your bailiffs charges will come out of that

[andie_303]

lindsay - seriously we could do circles on this all evening and until we know FACTS we are just speculating. Contact the council tomorrow and say you have paid enough to satisfy the liability order and can they confirm this and send you written confirmation. See what they say and then let us know, if we need to deal with anything else we can do it then. You need to know the exact position - they can tell you.

[andie_303]

indsayjane1

 

they are not withholding the £130 the bailiff get his fees first then they pay the council i read that on a post by tomtubby so i think that your bailiffs charges will come out of that

 

 

thats fine if their charges are 'legitimate and fair' - but it seems they are slightly taking the pee with this lady...we shall see I could be corrected!

[hallowitch]

i absolutely agree there charges are unfair but that wont stop the bailiff taking there charges first i just don't want her to think that what she has paid will all go to the council

 

because they have levied her partners car the bailiff will see that as a lawful levy and she will have to write to the council and the bailiff

challenging the unlawful fees

[andie_303]

so as I said the best thing to do is contact the council and tell them between direct payment and the dca you have paid the liability and can they confirm. if they say yes happy days if they say they are outstanding we tackle that then. better to work in facts than supposition

[chris600uk]

Big Sid is right about seizure, a bailiff does not require a WPA to make a seizure, but he does need the debtor to sign a wpa if he intends to rely upon it.

 

And unless the bailiff has made a levy he can only charge for making a visit with a view to making a levy - max two - £24.50 for the 1st, £18.00 for the 2nd

[hallowitch]

hi chris600uk i wasn't talking about seizure

was talking about van fees when there is no levy

[chris600uk]

You can't charge van fees unless there is a levy - sorry

[chris600uk]

I've been through this.

 

They can turn up in an Abrams tank and camp outside for week if they want, but they can't charge you for it

[lindsayjane1]

Hi

The council have been recieving payments from the bailiff, because when I phoned th council they told me all the amounts they had paid, but not the £130 which was paid a week before they added more charges on, they have taken there 2 visit fees out of previous amounts, Its just this £130 they are hanging onto, So I dont know what they are doing.

Ive just been reading some above posts, Can he charge me the van fees on the day he levied on the car, Im sure he cant because no levy was in place when he arrived, Im going to the council today to tell them if they want there £130 the bailiff has it, ill post back later

Edited March 10, 2009 by lindsayjane1

[scatz1972]

Hi

The council have been recieving payments from the bailiff, because when I phoned th council they told me all the amounts they had paid, but not the £130 which was paid a week before they added more charges on, they have taken there 2 visit fees out of previous amounts, Its just this £130 they are hanging onto, So I dont know what they are doing.

Ive just been reading some above posts, Can he charge me the van fees on the day he levied on the car, Im sure he cant because no levy was in place when he arrived, Im going to the council today to tell them if they want there £130 the bailiff has it, ill post back later

 

 

I dont think there is anything stopping them from charging van fees on the same day they levied, although the purpose of the visit should be to levy not remove goods, otherwise how did they know what goods you have and size of van/transporter needed?

 

What I would do is to write to the bailiff company, you need to say something along the lines of you understand that when the bailiff visited on xxxxx day that she/he levied on a vehicle registration xxxxx believing it was yours ( i take it that the liability order is in your sole name?) tell them that the car belongs to your boyfriend and most importantly enclose evidence to prove this photocopy of the log book etc. This should remove the levy and the associated van fee. Send a copy of this letter to the council, send recorded and keep a copy.

Edited March 10, 2009 by scatz1972
missed a word out