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After a bailiff attended my property,i reluctantly signed a walking possesion form.

 

The bailiff seemed friendly enough and gave me 12 weeks to pay,£450 too him and then 11 weekly paments of £86:40 ,so from the following week we paid on time,most times even rounding upto £90 so our final payment was around 6-8 weeks ago which we made and put the saga to bed.

 

However while i was at work today my wife was upstairs with our baby trying to get her bathed when she heard a knock at the door,as she had the baby in the bath she ignored it,but then she heard the door being booted and someone shouting open up,she got the baby out the bath and ran to the door and there was 2 bailiffs ,both 6ft plus and around 20 stone(according to my wife who's 5ft2) at the door saying we had breached the contract and that we had missed the final payment,now if i had made a error i would hold my hands up and admit it but i have all the reciepts for what was paid.

 

She explained that we had made the payments in full and had even overpaid and showed him the reciepts,he was'nt intrested and demanded the money £86.40(which even if we had missed the last payment it wouldnt be £86.40 due to the overpayments we had made),so wanting to get rid of them and ,feeling scared she said ok i will give you £86.40 ,they then replied there are charges now too makin it £170 in total which she paid them.

 

She phoned me immediately afterwards in work crying ,telling me what happened.

 

If i had missed a payment why did they not send me a letter saying you have missed a payment etc but as we can see you have made all other payments so it must be an oversight,please pay immediately etc?

 

I am so annoyed and frustrated with what has happened ,and will not let this lie.

 

What would be my best course of action?

 

Thanks

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I am so sorry to hear this and this is not allowed to happen by bailiffs at al and you need to place a complaint with the bailiff company asap.

Can I ask if this was for council tax. If it is then you need to make an urgent complaint to the council who are responsible for the bailiff actions.

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I am so sorry to hear this and this is not allowed to happen by bailiffs at al and you need to place a complaint with the bailiff company asap.

Can I ask if this was for council tax. If it is then you need to make an urgent complaint to the council who are responsible for the bailiff actions.

Sorry I forgot to add, that you need to get a break down of what you have been charged for and the amounts you have paid..
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Hi seanamarts,

 

Thankyou for your reply,to answer your question,yes it was for council tax, i am still in the midst of trying to get all the facts and figures i need before making a complaint but from the walking possesion i signed it, says 1 payment of £450 plus 11 weekly payments of £86.40 and according to my reciepts they have all been paid.

 

just out of intrest and if you know when the original bailiff came to my house he was trying to seize 2 of my cars ,one of which is worth at the minimum double the debt i owed and the other is worth around the same as the debt,is that lawful?

 

To give you a little back story ,the reason i was behind on my council tax was for two reasons one i was self employed and work had come to a crawl where i was working around 5 days a month,but according to law as i was self employed i am not allowed to claim benefits unless i have a 6 week lull in work(so much for all the tax i have paid over the last 20 years,super tax most years),also at the same time my wife was pregnant with our second child and was hospitalised due to complications with her blood,hence i couldnt really work anyway,but still no benefits.

 

I had spoke to a lady at the council tax benefits office and explained the situation,she sent me out a form to send out and a letter saying that my application for back dated council tax benefit was being reviewed.

 

Now i showed that letter to the original bailiff and he said he had just spoke to the enforcement part from the council and they said that i hadnt been in touch for six months even though i had spoke to them days previous to his visit and also spoke to marstons on the same day,i then immediately phoned the council tax office who said the bailiff would not personally get any info regarding my account,hence i believe they have overcharged me and used deception and threatining behaviour (second bailiff)to get me to pay money to them.:-x

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Theres a surprise they will only take complaints in writing and i was hung up on on 3 occasions after mentioning i had a complaint,but on the three occasions i was told they would phone me straight back.

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They have most certainly overcharged you BIG TIME !!!!

And thats without knowing how much you had owed in thefirst place.

OK you can only be charged for a 1st and second visit regardless of how many times they have been. 1st visit fee is £24.50. The Second is for £18.50. This is When a levy has not been made.

You need to first get a letter off to the council headed 'Complaint-Bailiff overchargemerit of fee's'

You also need to get a letter of to the bailiff company out lining What these bailiffs have done. Also ask for a break down of the fee's that the bailiffs have made. the Council ARE responsible for the actions of the bailiffs and you need to make that clear is your letter to the council.

Before you start writing these letters have a look here it may help

Department for Constitutional Affairs - Enforcement - National Standards for Enforcement Agents

let me know ha You get on.

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Theres a surprise they will only take complaints in writing and i was hung up on on 3 occasions after mentioning i had a complaint,but on the three occasions i was told they would phone me straight back.

These people don't like complaints and you are best to write to them then you have a record of your complaint. Make sure you tell them in your letter that you have complained about-them to the council and that you are prepared to take your Complaint further. Also when writing to the council tell them if you are not happy with their answers for will be taking the Complaint to the Local government ombudsman.

You also need to ask for the bailiffs name and his certificate number, as You will Complete a form 4 for both attending bailiffs for their misconduct, if they do not investigate this matter in its fullest entirety.

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Well there is a scuff mark on the door,but proving it was from him will be hard.

have spoken too a lady(one who didnt hang up)and she assured me that i would be called back bye 7:38 pm (she has 3 mins).

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Spoke to the supervisor who basically threw a number for the bailiff who attended at me ,wouldnt give me an employment number and fobbed me off.

 

Now i am seriously p'oed as the bailiff wouldnt answer the phone,i am gonna see a solicitor tommorow and see what i can do.

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She didnt ring i rang back,i asked for a figure what i owed as of the day before the bailiffs came,she woulnt give me it said with the bailiff fees it could change,i told her i wasnt intrested in what the bailiff fees where just wanted to know what my (supposedly)outstanding balance was.

 

She basically wouldnt give me any info at all except the bailiffs number .

 

Now all she has done is woke a sleeping giant and the resolve i had prior to tonight has increased ten-fold.

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Very sternly

But seriously, head them 'Complaint' to both Council and bailiff Company.

outline the basics first,example; amounts your owed and then charges from the bailiff. Explain bailiff charges, What they 'can' charge and What they have charged. The bailiff's behaviour on last visit.

Basically what they have done wrong. Have a look at Some other threads in here and they may give you Some ideas What to Put.

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