Merton Bailiffs

[Belville]

Ok Will do thanks again you're a star

My Local Mp is Siobhan McDonagh and her surgery is on friday afternoon

I am going to pay £5 tomorrow when I get my money

belville

[seanamarts]

I do wish you luck with the council and I do hope that your complaint gets through to them.. Personally I find MP's a waste of time this is from personal experience, and I know what Tomtubby has said about waiting until your complaint has been heard etc and I fully admire and respect her as I do with a lot of people in here that give out great advice,you included miss hallowitch but I would still get my foot in the door so to speak with the ombudsman, I did and with some good results, got given some great advice even though it had been passed over through some other complaint proceedure, but then again I supose its who you deal with and what it is for, but its still worth a try at this ealry stage. Im only going by experience here though Im not an expert .. good luck with what ever you do and please keep us informed.

[lets fight bailiffs]

I do wish you luck with the council and I do hope that your complaint gets through to them.. Personally I find MP's a waste of time this is from personal experience, and I know what Tomtubby has said about waiting until your complaint has been heard etc and I fully admire and respect her as I do with a lot of people in here that give out great advice,you included miss hallowitch but I would still get my foot in the door so to speak with the ombudsman, I did and with some good results, got given some great advice even though it had been passed over through some other complaint proceedure, but then again I supose its who you deal with and what it is for, but its still worth a try at this ealry stage. Im only going by experience here though Im not an expert .. good luck with what ever you do and please keep us informed.

 

I agree i would also get the ball rolling as it can take a bit of time and if you get a result in the meantime then you can always stop the complaint with the LG O,

 

I however would also go to your MP some take an interest some dont but its worth a try

[Belville]

Well I've just made a payment to the council for £5.00 this the first of many payments but it's been accepted.

It doesn't show against my account yet but I have an email receipt, so they cannot say they haven't got it.

 

Still nothing in responce to fridays email though!

[Belville]

ok so just checked C/Tax account online again and it shows the payment

[Belville]

Belville it really doesn't matter whether it's written in black and white on the internet, what you owe is written in black and white on the liability order.

 

You have a most disreputable and fraudulent council who aren't going to listen to anything that will contravene the arrogant and unlawful belief that they can demand anything that they think they can get away with. The law doesn't come into their reckoning.

 

Best way to deal with this is to tell the council that you wish to see a copy of the liability order and any other court order that they may have relating this case. Any other paperwork they may produce particularly that printed in their own office has absolutely no relevance. If it isn't court stamped then it isn't a legal document.

 

The liability order is the only proof of any alleged debt.

 

can I get details and a copy of the liability order from the court?

I think they use wimbledon magistrates court

[gustavius rex]

Funny thing this with Merton Bailiff's and ENFORCEMENT FEES. Had them around the other day for a parking ticket (again) and lo and behold did they not charge a ENFORCEMENT FEE of £200.00, despite not having entered my property, hence no walking possesion and/or levy including clamping. l've sent them a letter demanding a statement of truth that the fees they claim for are lawful. They got 12 days and thereafter l will file a form 4, complain to the police and my local MP.

GR The battle is on!!!!

[Belville]

Funny thing this with Merton Bailiff's and ENFORCEMENT FEES. Had them around the other day for a parking ticket (again) and lo and behold did they not charge a ENFORCEMENT FEE of £200.00, despite not having entered my property, hence no walking possesion and/or levy including clamping. l've sent them a letter demanding a statement of truth that the fees they claim for are lawful. They got 12 days and thereafter l will file a form 4, complain to the police and my local MP.

GR The battle is on!!!!

 

Hi Gustavis rex

thanks for your reply

Is there a template anywhere for the high lighted part of your post is so could you direct me to it.

I have subscribed to your thread and have looked at the web site " SCREW THE BAILIFFS" very interesting!

just wondering if I should I use some of the letter templates and really start the ball rolling against Merton council and their bailiffs because as far as I can see they are as guilty of fraud as their inhouse bailiffs are considering that on their own online C/Tax account checker they show my C/Tax outstanding includes the bailiffs fees.

 

I still haven't heard a word from either the council or the bailiffs in responce to the emails I sent last friday. So now I want to start working on any letters that I need to write so help and advice as to what I need to write etc will be very welcome from anyone willing to do so. Unfortunately my medical condition makes it difficult for me.

[Fair-Parking]

I think that you would be perfectly entitled to a copy of the liability order from both the council and the court. After all they both expect you to pay it. I should have added in an earlier post that when you do pay the council that you make it clear to them, preferably in writing, that whatever amount you are paying is for council tax only. Don't give them an excuse for making assumptions to their benefit to which they have no court order for.

 

I should also add that Merton Bailiffs and council are both perfectly aware of what they are doing having had this pointed out to them before. Unfortunately whilst the Metropolitan Duffers at Wimbledon nick continue to believe that 'warrants' typed by Merton Bailiffs in their own office are court warrants, I doubt that you will get any common sense from those you should be able to turn to when you are being defrauded.

Edited August 19, 2009 by Fair-Parking

[gustavius rex]

Hi Belville,

 

l used the templates you mentioned and then modified them to suit my purpose. The fundamentals are that they are ALL bent and try to rob you blind. Merton is not doing the dirties themselves, but, sub-contract the job out. Check who your bailiff is and who he is working for. Use the template Refund and take the Refund part out and put in a demand for a Statement of Truth instead, i.e. ''I now require you to provide me with a Statement of Truth that all your demanded fees are lawful within 12 days from todays date''. Then modify the rest of the letter to suit your particular case.

 

lf you do not receive any response including a Statement of Truth within the prescribed timeframe, then, go ahead with the whole lot including complaint to the police for attempted fraud, form 4 to the relevant court and so on.

 

Whatever you do, do not let these morons get away with their fraud, but, stop them now. The battle is on and the more sufferers that join the stronger we shall become!

 

Gustavius

[gustavius rex]

Just found out that the actual bailiff that is collecting on behalf of Merton Bailiff Services works for DKB Collections. never heard of these guys before, but, he is certificated.

GR

[hallowitch]

Just found out that the actual bailiff that is collecting on behalf of Merton Bailiff Services works for DKB Collections. never heard of these guys before, but, he is certificated.

GR

 

i asked tomtubby if a bailiff could collect for 2 different bailiff company's

tomtubbys reply

There are many self employed bailiffs who work on behalf of different companies but these mainly have a certificate and BOND in their individual name

 

so if he is certificated to DKB collections then i dont think he can collect for merton

Edited August 20, 2009 by hallowitch

[gustavius rex]

i asked tomtubby if a bailiff could collect for 2 different bailiff company's

 

 

tomtubbys reply

There are many self employed bailiffs who work on behalf of different companies but these mainly have a certificate and BOND in their individual name

 

so if he is certificated to DKB collections then i dont think he can collect for merton

 

 

l think TT is right, but, unfortunately l've already posted my letter to Merton. However, if l do not receive the answere l require and within the prescribed time frame, l shall bring this up on my complaints and form 4.

The battle is on.

GR

[Belville]

I have now had an opportunity to seek advice and I now understand you have No entitlement to charge me an Enforcement fee of £200 and I require you to deliver to me at the above address a statement of truth within Twelve days from the date of this letter. You are not entitled to defraud a debtor to obtain a money transfer or make a gain for yourself or another in this way.

 

There is no entitlement for you to charge me a Walking Possessions Fee because no peaceful entry to my property has been made and I did not sign a walking possessions agreement.

 

There is no entitlement to charge an Enforcement Fee because the law does not provide for you to charge any fees of that description.

 

Charging these fees is fraud and I understand it is a criminal offence under Sections 1 to 5 of the Fraud Act 2006 risks a criminal record which ultimately revokes a bailiff’s certificate. Your company director may also be criminally liable for Assisting an Offender by receiving or benefiting from the proceeds of a money transfer originating from crime.

 

For the avoidance of doubt, that in your failure to furnish me with full details as to your charging structure within twelve days, I will automatically file at the bailiffs certificating court a Form 4 complaint on the grounds of abusing his position of trust and trying to defraud me with fees not prescribed in law. If you wish to start an investigation of your own, please be advised that in the absence of the information I require, this doesn't delay proceedings or filing a criminal complaint with a police authority.

 

This document is a notice of proceedings and 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 and therefore your responsibility and in your own interests this letter is handed to the relevant person within your organisation, and I regret I am unable to discuss this matter by telephone or in person as I am acting under legal advice.

 

I now require you to provide me with a Statement of Truth that all your demanded fees are lawful within 12 days from today’s date

Can someone more knowledgeable than me please have a look at the above and advise me of any changes that I should make or anything I should add.

 

 

Belville

[lets fight bailiffs]

looks good to me strait and to the point

[Belville]

Will they treat this as a SAR request and then not action it because there is no £10 fee included as I really cannot afford to send them £10?

[Belville]

 

There is no entitlement for you to charge me a Walking Possessions Fee because no peaceful entry to my property has been made and I did not sign a walking possessions agreement.

 

 

I am unsure about this part of the letter and need someone to tell me that I am correct in this

 

They have levied on my car in my absence

[lets fight bailiffs]

I am unsure about this part of the letter and need someone to tell me that I am correct in this

 

They have levied on my car in my absence

 

What order are theye collecting on is it a distress warent ?

[Belville]

Sorry if I sound simple

I'm not sure exactly what you mean....

This is for council tax the council have been to court and have a liabillity order for £399.10

I have only had 1 letter from Merton Bailiff Services and it was put through my door it is headed

"Notice of Seizure of Goods and Inventory"

on the inventory part it state the make and registration number of my car plus the colour

[lets fight bailiffs]

they can levy on your car without you being there but the fact that the levy was the first letter you received is out of order.

 

just a very quick question without me going through the full thread again did you receive the first order from the court.

 

PS your not simple

 

LFB

[Belville]

So should I remove that part?

Should I add anything about being classed as a vulnerable person to the letter?

No I didn't receive anything from the court

I will post up a similar letter to merton council in a few minutes

[Belville]

Re: YOUR NAME & ANY REF: Visit by your bailiff on [DATE] Formal Complaint Stage 1

 

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. I therefore ask you to deliver to me at the above address a full Statement of truth in relation to your In-House Bailiff’s fees, and how they are made up and to which prescribed term each fee/cost relates within twelve days from the date of this letter.

 

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

 

There is no entitlement for your bailiff to charge an Enforcement fee because the law does not provide for any fee of that description.

 

Charging these fees is fraud and I understand it is a criminal offence under Sections 1 to 5 of the Fraud Act 2006 and anyone receiving or benefiting from the proceeds of a crime may be subject to a criminal investigation.

 

I appreciate the public are less-informed of the prescribed fees bailiffs are entitled to charge, I believe they have taken advantage of this to make a gain or obtain an unlawful money transfer for himself or another. While I am quite sure the council did not intend to in-house bailiffs to be perceived as a firm of tricksters who have been found defrauding a member of the public in this way and I would be grateful if we can settle this matter quickly and quietly. They may be bailiffs but that does not make them less liable than any other public service contractor, e.g. a plumber. However, a bailiff is in a position of trust and in abusing that position they commit an offence under Section 4 of the Fraud Act 2006.

 

For the avoidance of doubt, that in your failure to furnish me with a full statement of truth within twelve days, I will automatically file a claim in the small claims track without writing further and this will invariably involve an application for costs, and I'll inform the LGO that you the council is aware that a contractor working under your instruction is engaging in criminal activity by defrauding members of the public. If you wish to start an investigation of your own, please be advised that in the absence of the information I now require, this doesn't delay legal proceedings or filing a criminal complaint with a police authority.

 

This document is a notice of intended proceedings and 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 and therefore your responsibility and it’s in your own interests that this letter is handed to the relevant person within your organisation.

 

Does this seem ok?

[lets fight bailiffs]

that will be ok you should send it by email and post if you dont receive a reply within the time scale given then come back and we will tell you how to file a complaint to the court and the council and i would also send the council a copy of your letter.

 

LFB

[Belville]

Thanks for your help and support LFB

 

 

Just wondering if I should also send the following to the council

 

Re: Request under Section 10 of the Freedom of Information Act 2000

 

I write requesting a copy of the fee schedules you have agreed with your enforcement officers and bailiff contractors effective as of DATE to be delivered to me at the above address within twenty working days or as prescribed under the Act.[/font]

 

 

what do you think??

[lets fight bailiffs]

Thanks for your help and support LFB

 

 

Just wondering if I should also send the following to the council

 

 

Re: Request under Section 10 of the Freedom of Information Act 2000

 

I write requesting a copy of the fee schedules you have agreed with your enforcement officers and bailiff contractors effective as of DATE to be delivered to me at the above address within twenty working days or as prescribed under the Act.[/font]

 

do send that but also request a copy of the order from the court and inform them you never received one and you would wish to deal with them direct as you feel that the bailiff fees are fraudulant and also inform them that you have written to the bailiff with a request for a sceen shot of you account and always remember the bailiff works for the council so give it to them hard dont let them walk over you.

 

LFB

 

if i have helped in any way please inform others with the scales thing

 

Thank you

 

 

what do you think??

LFB