made a boob with bailif letter

[axiomman]

hi all wonder if sum1 can help

 

bailiff had apparently been to my property 3 times before we got visit *am *th may

served me an wife with

Notice of Bailiffs Attendance

my wife answered the door and managed to say we had no valuble possesion and that we would clarify the situation and get it sorted

he told her he would return at 1pm that day

hour later i phone the bailiff and he was quite rude and intimidateing but i got his head office number called them and tryed to get details but was refused to which i told him i refused to talk further to your bailiffs as i feel threatened so what now he said pay him or similar i said no thankyou

i phone council and tell them what hap and was told sorry no cant help by the first bod then i asked for manager and i knew it was coming anyway sorry they are not here today so i asked for someone in authority wether local or regional as i bilieve there is fraudulant claims here by the bailiffs as he definately didnt come 3 times to my house as i or my wife are here almost all the time we live in a rural spot with no house name and i think i brought up human rights not long after they agree to take the debt back from the bailiffs after being told many times by the first bod and the manager they couldnt do that

i said thankyou very much and i hope the bailiffs fees will be removed to which thay said no you will have to make a letter of complaint or similar to challenge the fees this is the only way it can happen so i agreed to them takeing 50 pounds now from my bank and started up a payment plan

being a lerning fast freeman since this bailiffs visit it was agreed under duress and protest i think thats right but i didnt state that when i agreed i was not free enough

then i made a boob and sent an unedited reclaim letter from here RECLAIM BAILIFFS FEES- TEMPLATE LETTER

 

the bailiifs charges were

Debt Oweing 177

Notice of Intention fee 43

Levy fee 27

Attendance Fee (With a view to remove goods) 99

i got a reply to my boob

Thank you for your email of 22 May.

 

 

 

I would firstly advise that Mr ***** has been a Certificated Bailiff for ******* Ltd for six years and according to his report he called at N******, ****, **. I note that this was the third visit made and he spoke with **** who stated that there was no goods that belonged to her, or you, at the property. It appears that no attempt to offer any payment or arrangement was made. Therefore as a vehicle, a *** Golf, was on the drive Mr |**** levied the vehicle, as legislation directs, as he believed the car to be yours.

 

 

 

It is noted that you telephoned Mr ****** after he had left the premises and it was explained that the seizure and removal of this vehicle could take place to clear the outstanding debt owed to ***.

 

 

 

With regard to your comments I have responded in the order in which they have been raised, however some matters need your attention but this is explained where necessary.

 

 

 

· [There is no entitlement for your bailiff to charge me a walking possessions fee because no peaceful entry to my property has been made and I have not signed a walking possessions agreement/I was tricked into signing a walking possessions agreement after being told by the bailiff the document was for something else.]

 

· A Walking Possession fee was not charged.

 

· Can you please provide me with a copy of the notice to which you refer “ I was tricked into signing a walking possession agreement after being told by the bailiff the document was for something else”.

 

· [There is no entitlement for your bailiff to charge me VAT on bailiff’s fees for collecting unpaid rent because the law namely the Distress for Rent Rules 1988 does not provide for it under Section 10 of the Act does not provide for bailiffs to charge Value Added Tax in addition of their bailiffs fees.]

 

· Can you please explain why you are making such comment as the bailiff visited you in respect of unpaid Council Tax, not unpaid rent, and No VAT has been charged.

 

· [There is no entitlement for your bailiff to charge me VAT on bailiff's fees for collecting Business Rates because the law namely Regulation 3© of the Non-Domestic Rating (Collection and Enforcement) (Amendment and Miscellaneous Provision) Regulations 1993 which prescribes fees for bailiffs collecting Business Rates are inclusive of Value Added Tax.]

 

· Can you please explain why you are making such comment as the bailiff visited you in respect of unpaid Council Tax, not unpaid Business Rates and No VAT has been charged.

 

· [There is no entitlement for your bailiff to charge me a fee for Attending to Remove Fee because no goods have been removed/the bailiff did not give me any reasonable opportunity to pay.] [There is no entitlement for your bailiff to charge me a fee for clamping my vehicle/levying on my goods because he did not call at my home/he did not give me reasonable time to pay.] [There is no entitlement for your bailiff to charge me a Van Fee because the law does not prescribe any fee of that description.]

 

I would advise that reasonable costs / fees can be incurred for a Bailiff attending with a vehicle with a view to the removal of goods (where, following the levy, goods are not removed). I would refer you to schedule 5 of the Charges Connected with Distress where this schedule relates to Regulation 45 of the Council Tax (Administration & Enforcement) Regulations 1992 (as amended)

 

 

· [There is no entitlement for your bailiff to charge me fees for Waiting Time because the law does not prescribe any fee of that description.]

 

· Can you please explain why you are making such comment as “Waiting Time” has not been charged.

 

· [There is no entitlement for your bailiff to charge me a Card Fee or fee to process a money transfer for himself because the law does not prescribe any fee of that description.]

 

· Can you please explain why you are making such comment as a “Card Fee”” has not been charged for the £50.00 payment you paid to this Authority on 15 May 2009.

 

· [There is no entitlement for your bailiff to charge fees for multiple visits when no satisfactory evidence thereto is provided and the burden of proof remains with the bailiff to show those visits were made.[and a GPS printout does not constitute calling at my property, it only indicates a vehicle not necessarily belonging to a bailiff passed the vicinity of my property and there is no calibration certificate supplied for the equipment whose evidence is being use to support a claim.]]

 

· The bailiff clearly attended your property as a conversation was held with your wife and a Notice of Distress was left to which you responded. To enable me to further answer this can you please explain which fees you are referring to.

 

· [There is no entitlement for your bailiff to charge interest on any debt or your fees because the law does not provide for interest of any kind unless a court has ordered it pursuant to Section 69 of the County Courts Act 1984, and no such order has been made.]

 

· Can you please explain why you are making such comment as no interest has been charged.

 

 

 

 

 

Finally, I would advise that you are not entitled to a refund of monies paid to this Authority in respect of the matters raised. The letter of 16 May 2009 has provided you with full information relating to both accounts where you owe Council Tax I hope that you will take this opportunity to prevent the need for further recovery action and settle the arrears as agreed.

 

 

 

 

 

Senior Recovery Officer

 

 

I made a big booboo but surely not as big as the fact that the response suggests that the sender has reviewed something provided by the bailiffs as proof????

 

i have a different color VW Golf and have had for over a year

 

also does this "Therefore as a vehicle, a *** Golf, was on the drive Mr **** levied the vehicle, as legislation directs, as he believed the car to be yours. " suggest that he clamped my car or similar as nothing was clamped or removed we are not sure if he actually did put a clamp on my different colored car or not

my car was never taken

 

i plan a simple reply stateing my diff colored car as evidence they are being fraudulent with apologies for sending the wrong document first time

any suggestions for response welcome i am searching for answers

thanks in advance

Edited May 26, 2009 by axiomman

[hallowitch]

write again and ask for a screen shot of your account

tell them that you have reason to believe legislation directs that for a levy to be lawful it must be on a form 7 and hand delivered at the time of the levy and you have had no form 7 left at your property

[axiomman]

ok form 7 reserching

what will the screen shot tell me

[hallowitch]

edit your post to remove the colour of your car bailiffs read these forums

don't tell the bailiff the colour of your car in any letter to them

move your car where the bailiff cant see just in case he comes back

is this a new car is it on H.P.

your original debt was £180 ish (remove amounts use approximate figures) there is such a thing as an excessive levy for example they cant Levey a 6/7k car for a debt of £200 or less

[axiomman]

cant really move it newhere its worth a grand and owned by my mother in law she gave to us as prezzie but wanted to keep ownership

live in a rural spot with no house name no neighbours

cant find form 7 anywhere can u link me

[hallowitch]

(2) A bailiff levying distress shall deliver to the tenant, or leave on the premises where distress is levied, a memorandum in Form 7 identifying the bailiff and specifying in an Inventory the goods distrained on and setting out the amounts for which the distress is levied and the fees, charges and expenses authorised by these Rules and being actually and necessarily incurred under them

 

send the bailiff a copy of the v5 if it is not your car they must remove the levy and and all associated cost regarding this levy

[axiomman]

mm thanks for that not sure i standunder it

as the council have taken the case back dont i just deal with them now i dont want to deal with these bailifs to be honest

so have they charged me for eyeing up my car on the basis that thay would take it next time???

[hallowitch]

even although the the debt has gone back to the council you are still liable for bailiffs charges

 

I'm not a 100% sure about this bit but i think the council pay the bailiffs first from the payments you send them so it is in your interests to get these charges removed

 

you must get the bailiff to remove these charges thats why you need a screen shot of your account because you must give the bailiffs the chance to correct there mistake before you can take your complaint any further

[axiomman]

ok im crafting a letter ill ask em about if i have to go to the bailif to remove them first

[axiomman]

Dear Mrs ***

 

Firstly thankyou for your quick response and my apologies as I seem to have sent you the wrong document as i was under a lot of stress at that time and please disregard the letter that you will recieve soon which is the same document also sent by mistake.

 

I would like to say that your certified bailiff in no way made a verbal threat towards me it was the manner of his responses which where curt and other manerism not befitting his job. But in the stress of the situation this seemed very threatening.

 

 

In response to "I would firstly advise that **** has been a Certificated Bailiff for **** for six years and according to his report he called at ** on the **am. I note that this was the third visit made and he spoke with *** who stated that there was no goods that belonged to her, or you, at the property."

by this as i understand it you have viewed some form of proof that the bailiff have visited the property on various occasions can you please forward this evidence to me.

 

the bailiffs were collecting a debt oweing of 175.90

i bilieve that the charges applied to this debt are disproportionate and possibly fraudulant

there has been no contact at all between myself and the bailiff before his visit yet he claims to have been to my property 3 times, was there noone home at any of these visits, if noone was home, why have we not had any hand delivered note to claim they were there?

 

i am not aware of the exact amount of fees a bailiff can charge so i hope you will be able to review the fees and the laws regarding them to check thay are correct and proportionate

fees charged were*** notice of intention fee, *** Levy Fee and **** Attendance fee

 

 

 

is what i have so far

[hallowitch]

make you letter short don't go into detail

 

please provide me with a screen shot of my account as i have reason to believe there may be unlawful charges on my account

in your correspondence dated xxx there is a levy for a v w golf i do not own a car and this you can confirm with the D.V.L.A. using the registration of said car

i would also like to point out to you that a levy must be on a form 7 and left on the premises no such form was left at my home

i would also like conformation of dates/times of bailiffs 3 visits and i believe this information is held on the screenshot of my account held with you

 

please reply within 14 days from receipt of this recorded delivery letter with the screen shot or the reason why you are refusing to send me this information

if i receive no reply within 14 days i will make a formal complaint to xxx council

 

 

ALL correspondence regarding this matter from all parties will be sent to xxxx council and my M.P.

 

 

send something like that

[axiomman]

thanks

[hallowitch]

your welcome keep us updated on the outcome if you don't mind it helps others see what to do and wee all love a good result

[axiomman]

i will keep you posted

thanks again for your advice

i want to just send roughly ur little thing but i feel my details cant hurt just tellin the truth

i have been emailing them you get v quick response seems from the right people so ill save the post money

[hallowitch]

send it e-mail for a quick reply but follow it up with a letter bailiffs company's don't like to send screenshots of accounts because if they have been telling porkies this is how you find out

[axiomman]

ok tytyty

[axiomman]

Dear Mr ****

Thank you for your email of 27 May 2009.

 

I have again responded in the order in which your queries have been raised & I trust that this information clarifies the situation.

 

I would like to say that your certified bailiff in no way made a verbal threat towards me it was the manner of his responses which where curt and other manerism not befitting his job. But in the stress of the situation this seemed very threatening.

 

 

• I would advise that a Bailiff is instructed to adopt a firm but correct approach with all persons that are subject to enforcement action in respect of unpaid Local Taxation.
  

 

In response to "according to his report " by this as i understand it you have viewed some form of proof that the bailiff have visited the property on various occasions can you please forward this evidence to me. the bailiffs were collecting a debt oweing of @180 i bilieve that the charges applied to this debt are disproportionate and possibly fraudulant there has been no contact at all between myself and the bailiff before his visit yet he claims to have been to my property 3 times, was there noone home at any of these visits, if noone was home, why have we not had any hand delivered note to claim they were there?

 

 

• I would advise that the computer system used by ***** is updated by the Bailiff using a personal electronic device immediately after each visit. I note that updates occurred at **pm on * April, **am on * April and ***am on *** May. On * April a letter was left in a sealed envelope at your property addressed to both you and your wife. On the *** April access could not be gained to your property (due to the electronic gates) therefore a letter was left in a green postal box situated on the fence, in a sealed envelope addressed to you both. The third visit, on ** May, the Notice of Distress was handed to your wife during the course of the conversation.
  

 

why were we not contacted by letter from the bailiff to arrange a payment plan? if a reasonable payment plan was to have been offered i would have accepted

 

 

• To clarify the situation when a bailiff visits a debtor, they will always ask for full payment but if the amount cannot be pay the full amount immediately, the bailiff may make an arrangement allowing further time to pay. The bailiff will ask to secure this arrangement by a signed walking possession agreement (where the bailiff records an inventory of goods to cover the amount of the debt). If there is a refusal to sign a walking possession agreement the bailiff may refuse to accept an arrangement. The reason for this is if a debtor fails to pay as agreed and the bailiff has a signed walking possession agreement, the bailiff may re-enter the property and remove goods to sell them at auction in settlement of the debt. As stated yesterday to you in my reply it appears that no attempt to offer any payment or arrangement was made by your wife on 15 May, hence the Bailiff seized your vehicle (as detailed in the Notice of Distress which is being emailed separately to you).
  

 

 

i am not aware of the exact amount of fees a bailiff can charge so i hope you will be able to review the fees and the laws regarding them to check thay are correct and proportionate fees charged were @40 notice of intention fee, @30 Levy Fee and@100 Attendance fee

·Regarding Bailiff Charges Connected with Distress for Local Taxation, the following fees/costs are applicable according to current legislation:-

 

Stage

From 1st April 2007

Making a visit to premises with a view to levying distress (where no levy is made)

First Visit -

 

 

£24.50

Second Visit

 

 

£18.00

Levying Distress

Sum due £100 or less

 

 

£24.50

Sum due above £100

 

 

24.5% first £100

 

 

 

4% next £400

 

 

 

2.5% next £1500

 

 

 

1% next £8000

 

 

 

0.25% any additional sum

Attendance with vehicle - following levy

 

 

Reasonable costs and fees

Removal of goods and storage

 

 

Reasonable costs and fees

Walking Possession

 

 

£12

Close Possession

 

 

£15

Appraisement of Items

 

 

Reasonable costs and fees of broker

Sale by Auction

Held on auctioneers premises

 

 

Commission fee. Out of pocket expenditure.

Not to exceed 15% of total realized.

Reasonable costs plus adverts etc.

Held at debtors premises

 

 

commission fee not to exceed 7.5% of total realised

 

 

 

out of pocket expenditure

 

 

 

reasonable costs plus adverts etc.

Other Sale

 

 

Reasonable costs

No sale due to payment

 

 

Reasonable costs

 

 

please explain this "Therefore as a vehicle, a *** Golf, was on the drive Mr ****** levied the vehicle, as legislation directs, as he believed the car to be yours" is it my understanding by this something happened to said car as in a wheel clamp was used? or the car was removed? or is it that they saw said car and charged me on the basis they would remove it next time?

 

 

• A wheel clamp was not used.
  
• The vehicle was not removed however it was taken into the custody of the Law (the Bailiff took control of the vehicle) and the Notice of Distress advised that the goods listed (ie the vehicle) would be removed if agreement to pay is not reached
  

 

please be aware that from the discussion between my wife and the bailiff she made him aware that the said automobile is not owned by either her or her husband something which i also told Mr ***** on the phone and i think I mentioned it to their head office that day as well at the same time she said that we had nothing of any value in our house as in we have basic household items mostly second hand items not as you have said here "there was no goods that belonged to her"

 

 

• According to the statement made by Mr ****** he explained that unless ownership of the vehicle was proved not to belong to either of you then it was possible that this item would be removed.
  

 

 

please provide me with a screen shot of my account as i have reason to believe there may be unlawful charges on my account

 

• A copy of the Liability Orders will be posted to you for your information as not available in an electronic version
  
• The amount currently outstanding on account *** is ***** (which includes @50%**** Bailiff fees)
  
• The amount currently outstanding on Liability Order dated 7 March 2008 on account **** is ****
  

 

i would also like to point out to you that a levy must be on a form 7 and left on the premises no such form was left at my home

 

• A copy of the Notice of Distress (levy) was handed to *** on ** May. Can you please clarify your understanding of the use of “Form 7” as this is not a term I am familiar with in respect of enforcement of unpaid Council Tax.
  

 

i would also like conformation of dates/times of bailiffs 3 visits and i believe this information is held on the screenshot of my account held with you

 

 

• Details of bailiff visits are not contained with the computer system at **** Council, details of visits / contact are held by the relevant Service Provider to which this Authority has controlled (password) access.
  

 

 

• As previously stated bailiff visits to your property occurred at approximately **** on * April, **am on *th April and **am on 15 May
  

 

please reply within 14 days from receipt of this recorded delivery letter with the screen shot or the reason why you are refusing to send me this information if i receive no reply within 14 days i will make a formal complaint to ****** Council

 

The information held on our system is not available within one “screen shot” but is gathered from multiple screens on your accounts. The information provided above and previously to you in writing is an accurate reflection of the current position of your Council Tax accounts. I have arranged for Council tax bills to be issued to you by post to confirm the balances outstanding for your information.

 

I trust that this clarifies the situation.

 

*****

Senior Recovery Officer

 

 

so i have them admitting a mistake again we donot have a green box on a fence but i think i know where they are talking about its about a mile away at another property not mine

then a different occasion *th april where they could not access due to a electronic gate, which again is at this other property

the copy of the notice of distress that they emailed me is not the same as i have, it shows they identified a wrong car as mine assumed it was mine

 

Is the onus on me to provide them with details that a car is not mine how can i do this

initially i was told not they had visited 3 times before the only visit totaling 4 visits not sure if i hav that written down i think it was the council that said it so they may have a recording of the call

checkig my stuff the council def told me there were more vists via the phone on the day the bailiff came i wrote it on the back of the notice they initially told me *apr *apr *may and *may

Edited May 27, 2009 by axiomman

[hallowitch]

take photos of the property you think they were at and e-mail them ask them to confirm this was the property they were at

[axiomman]

form 7?

[hallowitch]

read 12 levy and removal this covers council tax also

Statutory Instrument 1988 No. 2050 (L.25) The Distress for Rent Rules 1988

 

 

© Crown Copyright 1988

 

Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document. The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Distress for Rent Rules 1988, ISBN 0110880501. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:[email protected].

 

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions. To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

STATUTORY INSTRUMENTS

1988 No. 2050 (L.25)

 

DISTRESS

The Distress for Rent Rules 1988

 

Made 21st November 1988 Coming into force 1st February 1989

• The Lord Chancellor, in exercise of the powers conferred on him by section 8 of the Law of Distress Amendment Act 1888[1] , and section 3 of the Law of Distress Amendment Act 1895[2] , hereby makes the following Rules:—
  

• Citation and Commencement
  1. These Rules may be cited as the Distress for Rent Rules 1988 and shall come into operation on 1st February 1989.
  

• Interpretation
   
  2.—(1) In these Rules—
  
  • "Judge" means a Judge of a county court;
    
  • "certificate" means a certificate to act as a bailiff granted under the Law of Distress Amendment Act 1888, as amended by the Law of Distress Amendment Act 1895;
    
  • "Registrar" means a Registrar of a county court;
    
  • "Proper officer" shall have the meaning given in the County Court Rules 1981[3] by virtue of Order 1, rule 3 of those Rules;
    
  • "lodge in court" shall have the meaning given in the Court Funds Rules 1987[4] ;
    
  • "Court Funds Rules" means the Court Funds Rules 1987[4] .
    

  (2) A Form referred to by number in these Rules means the Form so numbered in Appendix 2 to these Rules and shall be used with such variations as the circumstances may require.

• Forms of Certificate
  3.—(1) A general certificate in Form 1 may be granted only by a Judge and shall authorise the bailiff named in it to levy at any place in England and Wales.
   
  (2) A special certificate in Form 2 may be granted by a Judge or Registrar and shall authorise the person named in it to levy only in respect of the distress or distresses to which it applies.
  

• Applications for Certificates
  4.—(1) An application for a general certificate made at a time when the applicant has no current general certificate issued under these Rules, whether or not he has such a certificate issued under Rules in Force prior to the commencement of these Rules, shall be made in Form 3.
   
  (2) An application for the grant of a special certificate shall be made in Form 4.
   
  (3) An application for a general certificate to be granted upon the expiry of a current general certificate issued under these Rules shall be made in Form 5.
   
   
  (4) Applications under this rule shall be filed in the office of the county court in whose district the applicant has his principal place of business or his main residence, accompanied by the fee prescribed by the County Court Fees Order 1982[5] for the "commencement of proceedings for any other remedy or relief" , and shall be lodged together with:—
  
  • (a) in the case of an application in Form 3, two references, one of which may be from the applicant's employer or an approved officer of the Certificated Bailiffs' Association of England and Wales and shall deal with the applicant's knowledge of the law of distress and his previous experience of levying distress, and
    
  • (b) in the case of an application in Forms 3 or 5, a certified copy not more than one month old of the result of a search of the Register of County Court Judgments against the applicant's full name and his home and business addresses for the last six years, and
    
  • © in the case of an application in Forms 3 or 5, two passport sized photographs of the applicant, and
    
  • (d) in the case of an application in Forms 3 or 5, copies of the Forms 7, 8 and 9 intended to be used by the applicant when levying distress, which shall conform to the design and layout prescribed in Appendix 2, shall be on paper of durable quality and of the size A4 as specified by the International Standards Organisation, and shall be in a clear and legible printed or type-written form.
    

  (5) The statements in an application under this rule shall be verified on oath.

   

  (6) The applicant shall, if so directed, lodge such further evidence as the Judge or Registrar may reasonably require in support of his application.

• Granting of Certificates
   
  5.—(1) The Judge or Registrar shall not grant a certificate to any applicant,
  
  • (a) who fails to satisfy the Judge or Registrar, as the case may be, that
    
    • (i) he is a fit and proper person to hold a certificate, and
      
    • (ii) he possesses a sufficient knowledge of the law of distress;
      

    or,

  • (b) who carries on or will be employed in any business which includes buying debts.
    

  (2) An application for a general certificate in Form 3 shall not be granted except on the personal attendance of the applicant and his examination on oath at the hearing of the application.

   

  (3) No certificate shall be granted to any officer of a county court.

   

  (4) The name and address of all applicants for a general certificate shall be exhibited in the public area of the court office for the 60 days prior to the hearing of the application.

• Security
   
  6.—(1) The applicant shall be required to
  
  • (a) lodge in court by way of bond or deposit, or
    
  • (b) satisfy the Judge or Registrar that there is subsisting by way of bond or deposit,
    

  security totalling £10,000 in the case of a general certificate or £750 in the case of a special certificate.

   

  (2) The security referred to in paragraph (1) above shall be for the due performance of the bailiff 's duties and for any reasonable costs, fees and expenses incurred in the investigation of any complaint lodged against the bailiff, or in the cancellation of his certificate, and shall be applied in accordance with rules 8 and 9.

   

  (3) Where a deposit is lodged in court under paragraph (1) above, the provisions of the Court Funds Rules shall apply.

• Duration of Certificates
  7.—(1) A general certificate shall, unless cancelled, have effect for the period of two years from the date of its grant.
   
  (2) A special certificate shall, unless the Judge or Registrar otherwise directs, have effect for one month from the date of its grant, but shall in no case have effect for a period exceeding two months.
  

• Complaints as to fitness to hold a certificate
  8.—(1) Any complaint as to the conduct or fitness of any bailiff who holds a certificate shall be made to the court from which the certificate issued.
   
  (2) Upon receipt of any such complaint as is referred to in paragraph (1), the proper officer shall send written details of the complaint to the bailiff and require him to deliver a written reply to the court office within 14 days thereafter or within such longer time as the court may specify.
   
  (3) If the bailiff fails to deliver the reply within the time specified, or if upon reading the reply the Judge is unsatisfied as to the bailiff's fitness to hold a certificate, the proper officer shall issue a notice summoning the bailiff to appear before the Judge on a specified date and show cause why his certificate should not be cancelled.
   
  (4) The proper officer shall send a copy of the notice to the complainant and any other interested party.
   
   
  (5) At the hearing:—
  
  • (i) the bailiff shall attend for examination and may make representations, and
    
  • (ii) the complainant may attend and make representations.
    

  (6) The procedure to be followed at the hearing, including the calling of evidence, shall be such as the Judge considers just, and he may proceed with the hearing notwithstanding that the bailiff has failed to attend.

• Cancellation of Certificates
  9.—(1) Following the hearing of any complaint under rule 8 the Judge may, whether he cancels the certificate or not, order that the security shall be forfeited either wholly or in part, and that the amount or amounts directed to be forfeited shall be paid to any complainant by way of compensation for failure in due performance of the bailiff 's duties, costs or expenses or, where costs, fees and expenses have been incurred by the court, to Her Majesty's Paymaster General.
   
  (2) Where an order for the forfeiture of the security, either wholly or in part, is made but the certificate is not cancelled, the Judge may direct that fresh security under rule 6 shall be provided.
   
  (3) Where a certificate is cancelled, the order of the Judge shall be in Form 6 and, subject to the provisions of this rule, the security shall be cancelled and the balance of the deposit returned to the bailiff.
   
  (4) When a certificate is cancelled or expires it shall nevertheless continue to have effect for the purpose of any distress where the bailiff has entered into possession before the date of cancellation or expiry, unless the Judge otherwise directs.
   
  (5) When a general certificate is cancelled or expires it shall be surrendered to the Judge, unless he otherwise directs.
   
   
  (6) When a certificate is cancelled the proper officer shall publish a notice to that effect:—
  
  • (a) in a local newspaper, or
    
  • (b) if the bailiff's main area of business extends beyond the district of the court, in a national newspaper, and
    

  the costs of the notice shall be deducted from the security.

• Fees, Charges and Expenses
  10. No person shall be entitled to charge, or recover from, a tenant any fees, charges or expenses for levying a distress, or for doing any act or thing in relation thereto, other than those authorised by the tables in Appendix 1 to these Rules.
  

• 11.—(1) In the case of any difference as to fees, charges and expenses between any of the parties, the fees, charges and expenses shall upon application be taxed by the Registrar of the county court of the district where the distress is levied, and he may make such order as he thinks fit as to the costs of the taxation.
   
  (2) Where the court in which the taxation is conducted is not the court in which the bailiff was granted his certificate and the Registrar is of opinion on the taxation that there has been overcharging of such magnitude as to call into question the fitness of a bailiff to hold a certificate, the proper officer shall send to the court in which the bailiff was granted his certificate a copy of the taxed bill endorsed with a note of the Registrar's opinion.
   
  (3) The receipt of a bill under paragraph (2), shall be treated as a complaint under rule 8(1).
  

• Levy and Removal
  12.—(1) Every bailiff levying a distress shall produce his certificate to the tenant if he is present or, in the absence of the tenant, to such other person present as appears to be in control of the premises.
   
  (2) A bailiff levying distress shall deliver to the tenant, or leave on the premises where distress is levied, a memorandum in Form 7 identifying the bailiff and specifying in an Inventory the goods distrained on and setting out the amounts for which the distress is levied and the fees, charges and expenses authorised by these Rules and being actually and necessarily incurred under them.
   
  (3) A bailiff or his agent attending to remove goods from the premises or withdrawing from possession prior to sale of the distrained goods shall deliver to the tenant or leave on the premises where distress is levied a memorandum in Form 9 setting out the expenses of removal authorised by and incurred under these Rules.
  

• List of Certificates
  13.—(1) Each court shall compile a list of bailiffs holding general certificates as at 1st February every year and the list shall be exhibited in the public area of the court office.
   
  (2) When a certificate is cancelled the list shall be amended to include that fact.
  

• Repeal
   
  14. On the coming into operation of these Rules:—
  
  • (a) the Distress for Rent Rules 1983[6] shall be revoked save with respect to distresses levied before these Rules come into operation; and
    
  • (b) any certificate granted or renewed before these Rules come into operation shall continue to have effect for the period for which it was granted as if it were a certificate granted under these Rules for all purposes except the application of rule 4; and
    
  • © any certificate granted or renewed before these Rules come into operation and expressed to expire between 31st January 1989 and 30th April 1989 shall continue to have effect until 30th April 1989 as if it were a certificate granted under these Rules for all purposes except the application of rule 4.
    

Mackay of Clashfern,

C.

 

21st November 1988

 

 

 

 

 

Notes:

 

[1] 1888 c. 21. back

[2] 1895 c. 24. back

[3] S.I. 1981/1687, to which there are amendments not relevant to these Rules. back

[4] S.I. 1987/821, amended by S.I. 1988/817. back

[5] S.I. 1982/1706, amended by S.I. 1983/1681, 1985/574, 1834, 1986/633, 2143. back

[6] S.I. 1983/1917. back

[axiomman]

ok thanks for the above very interesting can you confirm 100% if it covers council tax and do you know if the form should have "Form 7" on it?

[hallowitch]

yes it also used for council tax ill have a wee look on here I'm sure theres a very interesting post somewhere on here about a form 7 if i find it i will post it up for you

no it doesn't have form 7 on it it has

 

NOTICE OF SEIZURE OF GOODS & INVENTORY

[axiomman]

the only document we got was the "notice of bailiffs attendance"

 

he may have planned to issue this Form 7 when he said he was returning at 1pm that day to collect? i dont know

thanks for all your help halowitch

i did get a copy of Notice of Distress and inventory from the council is this the form u mean it has a car not mine on it

but this was not left at our house by the bailiff

Edited May 27, 2009 by axiomman

[hallowitch]

why did you get that from the council

it certainly sounds like it i don't understand why you got this from the council this should have come from the bailiff was it sent in the post or handed to you/your wife at the door can you scan and paste it removing your personal details

 

does it have at the bottom of page

 

request not to remove goods walking possession agreement

[axiomman]

yes it has walkin poss agreee on bottom

it was sent scanned from the council we did not get this document

at the bottom of this form 7 it says thay would charge extra for debit and credit cards im sure i read somewhere they couldnt charge for that ?

also checkin it they even have the wrong postcade on this notice

Edited May 27, 2009 by axiomman