Help!! Help!! Help!! Rossendale Bailiff calling back on Friday.

[fifi flower tot]

Hi I was wondering if someone might be able to help.... Last Tuesday I returned home to find a 24hr notice of removal from the bailiff.... To cut a long story short we have signed a walking possession order back in September last year, we got into dificulty paying the 350 per month they demanded so the van bailiff came in May this year to remove our things they had written down. When he came inside he said (after waffling on for a while about me going to prison) that he would accept 100 per month, i said we could afford 80, and he accepted this. Fast forward to Tuesday last week when he arrived to remove our goods again..... I rang him and said we didnt understand why he had been and he told me to ring the office because they were never wrong and he was driving so couldnt see my file. I rang the office and a vile little rat on the other end of the line told me that we had defaulted on our payment plan as we were due to pay on the 21st July and I payed it on the 31stJuly, I said she had to be kidding as this was just getting petty and I said we had been paying more than we should of and did the 300 we had paid them over 3 month count for nothing to which she replied and her dog like voice well obviously it came off your bill...silly!!!!, I told her the van bailiff had already been into our house and seen the things written on the WPO didnt cover the cost of the debt to which she replied well he'll just have to uplift other items, I told her he couldnt do this and she said she could assure me they can. I phoned the local council to confirm and she also told me they can do this. I suppose I'm writing to ask can they really do this?? And if so what is the point of a WPO if they can just uplift anything they want?? Also when i spoke to the bailiff I told him there was no way we could find the money to pay him so we'd just like to make an appointment for him to come back and remove the goods... only thing is I made the appointment for the coming Friday 25th Sept and I've just received a letter from the hospital with an appointment for that day.... the hospital is not in my home town and it takes me 4 and a half hours for a return journey this does not include the time it takes for my treatment, and now Im frightened to ring him to change the appointment with him, my hospital appointment is too important to miss. Does he have to rearrange or do you think he'll just brake in?

Sorry this post is long and probably not very well thought out, but thanks in advance to all who might be able to help x

Just incase it's of any help the things listed on the WPO are;

Microwave (now broken, they know this),

x2 leather sofas,

dvd player,

tv (which belongs to buy as you view.. the also know this),

wooden tv stand,

cd player,

speakers (to go with cd player.

[ambershadow]

They can't take the tele if it's not yours. you should inform the people you rent from and have you somehwere else to sit if they take both your sofa's

[fifi flower tot]

No.... Well just dining room chairs but I assume he will be taking these as well because he said he will be taking other things besides the things originally written down, does anyone know if they can take my childrens wardrobes? Thanks

[hallowitch]

can take my children's wardrobes?

no they cant

[ambershadow]

IO don't think really they want to take anything as they don't get alot back for it and your debt will still be there..

 

They use this to scare you into making payments you can't afford to save your stuff..

 

They can only take whats on the wpo and that's it.. they can't leave you with nothing to sit on either..

 

And they can't take the kids stuff.. And if they are comming to take all this they must give you a time when they are comming by letter so I am to beleive so you can sort out

[fifi flower tot]

Hi thanks for your reply.... Am I right in thinking that he can only take the things written on WPO because they said he can take what he wants regardless if its written down or not! And do you think I should phone him tonight to see if I can change our appointment because I wont be in on friday.... I'm just a little bit frightened to ring him, thanks again x

[ambershadow]

Have you had this all in writting? as I am under the impression this is how this should be done n ot by calls on his mobile phone...

 

HAVE YOU had letter from his company saying he wil bethere?

[hallowitch]

Hi thanks for your reply.... Am I right in thinking that he can only take the things written on WPO because they said he can take what he wants regardless if its written down or not! And do you think I should phone him tonight to see if I can change our appointment because I wont be in on friday.... I'm just a little bit frightened to ring him, thanks again x

 

don't bother phoning him he must send you a letter giving you a time and date if he is enforcing a notice of goods& inventory

 

however i would e-mail the council and tell them the bailiff is threating to remove goods on an invalid levy as the TV is not yours and the bailiff knows this

[ambershadow]

I thought that was the case Hallow thank you for confirming...

 

Don't leave any doors or windows unlocked when you go out... go to your appointment coz he has no rights if you have no letter to confirm this

[hallowitch]

I thought that was the case Hallow thank you for confirming...

 

Don't leave any doors or windows unlocked when you go out... go to your appointment coz he has no rights if you have no letter to confirm this

 

 

your welcome amber

 

going back to my vodi now got a lot of it to get through before i come home on Saturday:)

[fifi flower tot]

Hi thanks again for all your kind help . I dont think the council will be interested as i've already told them that the bailiff in question and rossendale contact office have both said that other items are going to be removed even if its not on the WPO... And i've obviously found out through talking to you guys that this is untrue so I cant see that the council will care that the levy is invalid as they seem to always side with their bailiffs! Just to clarify for you he gave us this fridays date for removal over the phone as we asked for the week before and he said he wasnt in the area and it would have to be the week after... It was all done over the phone and we have had no letters or any other contact with him since.... I dont know how he would of even remembered this date as he said he didnt have our file in front of him cos he was driving? Another thing though rossendales said they had been trying to contact me via phone for weeks but I never answer... Its only been an after thought that I realised they've never ever had any contact number for me? Dear lord why must there people be so awful, I have never once stopped paying some monies towards my outstanding balance (despite being told by the bailiff on the phone to stop making payments because it wouldnt make any difference now as it was too late!) And they make me feel like i'm neglecting to pay!

[fifi flower tot]

Hi again, as advised i've not been in contact with the bailiff but I just hope that he doesnt break in tomorrow when i'm at the hospital as we have 2 dogs at home and i've been told he can take there too.... My question today is he said when we last spoke that he would walk around the whole house doing a thorough check everywhere for goods to take, as he's only ever been in the one room do you think I should hide everything else we own? Or can he seriously not take anything which in not written down on WPO? I'm sorry to keep posting i'm just a little anxious as to how he night deal with us after telling us when he'll be back then us not being in... Thanks x

[MRSWESTHAM]

He can only take whas on the walking possession and if hes put the TV and kids stuff on there he cant take these either.

If you have anything of value ie laptop i might just pop these too a friends or hide away as they are sneaky gits !

dont worry about keep posting, post away Lots of us been in the same boat andyes its a realy worrying time but yu have all off our support. Let us know how you get on

Mrs W

P.S Did you contcat the council yet?

P.P.S excuse my crap speelling !

[fifi flower tot]

Hi mrs w.... I have spoke to the council who have told me that he can do basically what he wants to, they were'nt interested in the levy being invalid with regards to the tv and said my information was incorrect? So basically another brick wall.... I just feel sick about tomorrow even though we wont be in, but if he comes and we are still out i'll just say I didnt think he was coming as he didnt post anything to give us written confirmation of the time and date?.....

[MRSWESTHAM]

I know how you feel, basically they talk XXXX to try and bull you into paying. The TV isnt yours so you cant give it away!! They definately cant take the kids stuff but tell you ca to make you feel worse and guilty.

 

My local council were awful too they wouldnt help..at all. You arent on your own

 

Have you still got the TV rental agreement?

[fifi flower tot]

Better than that its got a bloody big coin metre on the back and the area manager has told us if he attempts to remove the tv or metre then we have to ring him and he'll come straight over because its theft of their property! I know they dont really want my things as they are'nt worth anything and i'm still paying our weeky payment even tho he told me to stop I suppose i'm just now worried that he'll show up tomorrow when we are out and cause a scene or even brake in..... I actually feel sick :(

[MRSWESTHAM]

AWWWW its horrible i know but thats good it has that on there ! How funny if he got knicked for theft !!That would give you something smile about !

[hallowitch]

get on to your MP first thing in the morning and tell him whats going on ask him to speak to the council on your behalf

[fifi flower tot]

Am I right in thinking that he has to give me the time and date in writing before he can break in? Or is a verbal appointment good enough?

[hallowitch]

you are correct they have to give you a time and date

CODE OF PRACTICE

ON

LOCAL AUTHORITIES' USE OF BAILIFFS

IN THE ENFORCEMENT OF LOCAL TAXES

UPDATE & AMENDMENT SHEET

April 2000

p5 Forcing re-entry

The law upon the rights of bailiffs to force re-entry to premises in order to remove

goods previously seized has recently been clarified. In Khazanchi v Faircharm

Investments; McLeod v Butterwick [1998] 2 All ER 901 the Court of Appeal held that

bailiffs may only force re-entry where they are being deliberately excluded from

premises. It will thus be necessary in most cases for the bailiff to notify the debtor in

advance of the date and time of the visit in order to remove. If the debtor is then

absent from home, or refuses entry, force may be employed.

[fifi flower tot]

Thanks so so so much I will update tomorrow x

[fifi flower tot]

Hi all, just got back from hospital and he has been.... He called at 3.15 and posted a final notice with 24hrs ringed in red pen and he's scribbled out the bit sayin please ring me to arrange a suitable time for up to gain entry to you premisis in black pen and then wrote between 7am and 8pm in red pen next to this. I assume that means he's calling tomorrow? Shall I call him to rearrange for next friday, or shall I tell him his levy is invalid and he has no right entering my house?. You guys have been a big help to us thanks so much saying as all the authorities just want to lie and decive x

Edited September 25, 2009 by fifi flower tot
Typo

[ploddertom]

Hi all, just got back from hospital and he has been.... He called at 3.15 and posted a final notice with 24hrs ringed in red pen and he's scribbled out the bit sayin please ring me to arrange a suitable time for up to gain entry to you premisis in black pen and then wrote between 7am and 8pm in red pen next to this. I assume that means he's calling tomorrow? Shall I call him to rearrange for next friday, or shall I tell him his levy is invalid and he has on right entering my house?. You guys have been a big help to us thanks so much saying as all the authorities just want to lie and decive x

 

He is more than likely trying to use scare tactics. If he wants to come back to enforce his probable illegal levy he needs to send you a letter advising of the time and date - I believe he has to give you 7 days notice of this - if I'm wrong someone will correct me.

 

Even though he has been in your house I don't think you have to let him in again, although he is then entitled to break in - but has to get a Court Order to do so.

 

I note so far you have not listed what charges they are trying to get away with. Whilst on the subject of money why not pay the Council direct online - payment has to be accepted.

 

PT

[fifi flower tot]

Hi thanks for your reply..... Do you know i've never even asked how much of it is costs? I know that since his last visit at the end of may we've paid £360 off the bill (it was £1159 back then and on the letter today its £819 I still have this weeks payment to come of it tho making it £799) and I have no idea at all how much of that is costs?..... Whilst i'm here I'll quickly update. Rightly or wrongly i've text the bailiff to explain I was at the hospital today and we weren't sure if he was still coming as he'd not confirmed in writing, I went on to tell him that we were happy for him to come round next friday 2nd october but could he text back to lets up know and then at least we'd know to expect him, he's not text back so I am still none of the wiser??? My oldest child is off school the first half of next week and this is why I wanted him to come on the friday this and the fact that my husband is off work on that day too, I dont want to be alone wen they take our stuff . Can anyone advise as to weather they think I should phone rossendales office first thing on monday to mention the invalid levy just to see if I can get the van bailiff called off? x

[fifi flower tot]

Oops sorry forgot to ask does anyone know if he can call tomorrow? Just with him putting a ring round 24hrs and then writing between 7am and 8pm......