Help required please....

[hallowitch]

may i copy this post to my thread please? (the three stages just so i have a record)

 

you certainly can the original poster was tomtubby and i don't think you need permission to copy any posts on the main forums to another thread i do it all the time especially tomtubbys posts perhaps if you could research the full judgement you might find the answer to your question

[tomtubby]

this is fantastic stuff, thank you very much folks.

 

bailiffs are equita

 

and now on to my final question

 

levy on goods... apparently the bailiff has made a levy on a hoover, because he saw it through a letter box, he believes he can levy a good if he can simply view it by looking through a letterbox

 

is this fact? or more fiction?

 

If this is the case, in the first instance it is NOT LEGAL to levy upon goods by looking through the window. Once again there is case law to cofirm this.

 

Has the bailiff also applied a £300 enforcement fee?

[Baggio]

If this is the case, in the first instance it is NOT LEGAL to levy upon goods by looking through the window. Once again there is case law to cofirm this.

 

Has the bailiff also applied a £300 enforcement fee?

 

not sure what the break down of these costs are

 

but the original liabilty order was for 500 odd pounds and this last letter they posted now stated the debt at over 800 pounds.

[ploddertom]

It amy pay to get on to the Council and ask for the amount on the Liability Order, the amount still outstanding and when it was passed to the Bailiff.

 

It would appear that the Bailiff is overcharging - Happy Contrails wrote some good letters here's one that may help:

 

Name of Bailiff Firm

Their Address 1

Their Address 2

Their Address 3

Postcode

 

BY POST AND BY EMAIL

 

DATE

 

Dear Sir/Madam

 

Re: [YOUR NAME + REF]: Your fees.

 

I write following visits by your Enforcement Officer, however after seeking advice there appears to an irregularity with your fees. I now ask you to provide the following within seven (7) days:

 

1) Written confirmation of your fees

 

2) Written confirmation of the original debt

 

3) The name and address of the organisation that instructed you

 

4) Either confirm in writing that your fees are lawful and truthfully comply with legislation, or refund me unlawful fees plus reasonable compensation for being cheated by your bailiff with his fees by midday the seventh day from the date of this letter.

 

A bailiff or any other person who dishonestly charges for work that has not been done will be committing an offence under the Fraud Act 2006. Section 2 of the Act specifically describes a person dishonestly makes a false representation and intends, by making the representation, to make a gain for himself or another, or cause a loss to another, or expose another to a risk of loss. If no satisfactory refund is made to me by 12.00 midday seven (7) days from the date of this letter I will automatically make a criminal complaint to Police under the 2006 Fraud Act and the Proceeds of Crime Act. If you have charged VAT on unlawful fees then you may be reported for VAT fraud and your documents will be given in evidence.

 

This is a letter before action and is not a request to access any personal data about me in the meaning of the Data Protection Act 1998. It is delivered by Royal Mail and deem it good service upon you by the ordinary course of post under Section 7 of the Interpretation Act 1978. It now is your responsibility and in your best interests this letter is handed to the relevant person within your organisation.

 

Yours Sincerely

 

 

YOUR NAME

 

PT

[ploddertom]

Here's another of Happy's letters that should be sent to the Council when you send the one above:

 

Head of Revenue

Borough Council

Address 1

Address 2

Address 3

Postcode

 

[DATE]

 

Dear Sir/Madam

 

Re: Council tax arrears and your bailiffs fees

 

Please find a copy of a letter before action that has been delivered by even post to your contractor who is claiming you have instructed to act.

 

You contractor is cheating with his fees and it is my intention to reclaim them by filing proceedings in the small claims track if they are not refunded in full within seven days.

 

As the council is liable for its agents it is my intention to name the council as the principle defendant, however, Court rules require me to give the council reasonable opportunity to settle the claim beforehand.

 

If you wish to settle the claim, please pay me the sum described in the enclosed letter at the above address within seven days from the date of this letter.

 

You may wish to launch an investigation or make your own enquiries; this does not delay the proceedings being filed at Court, and to protect other taxpayers from being defrauded in this way, the case will pass to the Local Government Ombudsman.

 

These documents are delivered by Royal Mail and deem it good service upon you by the ordinary course of post under Section 7 of the Interpretation Act 1978. It now is your responsibility and in your best interests they are handed to the relevant person within your organisation.

 

Yours Faithfully

 

 

[YOUR NAME]

 

Encs:

1 Copy of letter to bailiff

2. Copy of bailiff document showing his fees.

 

 

PT

[Baggio]

thanks so much guys, really, really helpful stuff.

 

you lot are top people.