Warrant of arrest that did,nt exist.

[Surfer01]

Escalate it to police station commander and if no joy, go to your MP. The bigger the stink you make the more people will take notice.

[fluffy_bunny]

Would it help to get a letter from your doctor and send that to the Council - which council is it and I can maybe supply details of the person responsible for managing bailiff actions

 

(gained through FOI requests not being a bailiff as some have accused)

[RaeUK]

Hi CD, do keep firm on this and keep complaining. It may seem you are getting nowhere but just keep on going. Your treatment, iirc, was absolutely appalling. Both the bailiffs and the council need to be put in the stocks over this...

Good luck.

Rae.

[Completely desperate]

Quick update on my situation seem to be getting absolutly no where council accept bailiffs account of what happened deny saying thet had a warrant. Not sure what tio do next ?

[RaeUK]

Hi CD, what action has been taken so far to get your case taken back by the council? iirc, weren't you vulnerable in accordance with the National Standards for Enforcement Agents on medical / work grounds?

Best wishes

Rae.

[2ltr16valve]

Keep your chin up CD

 

I had a dispute with my local council that went over a time period of 7 months, I ended up so run down I ended up in hospital... but I came out of it the victor... and am still debating if I should take my case to the ombusmon

 

You will succeed if you carry on with the right will and support.. all you need is the will to succeed, you have all the support you need right here

 

Keep strong mate

[Completely desperate]

Letter of formal complaint to Council copy to Bailiffs, who claimed did not receive their copy.

 

Letter Back from council with a letter from bailiffs to council.

 

Letter from bailiffs deny saying they had a warrant for my arrest.

but merely pointed out wht coulod happen , Load of rubbish.

 

Council has accepted their version of events and refuse to take it any further.

 

Nearly £600 has gone on original amount council and bailiffs say all fees charged are correct.

 

In envelope with these letters were copies of inventories of possessions listed in wpa.

 

First time I have seen them do not have my signature on them.

besides this is a part furnished house we rent and items on these invetories do not belong to us.

If they had told me what they were doing I would have told them.

 

I am now paying the balance back at £51 a month this was arranged by the council and the bailiffs working together.

 

Contact with police, was told by them if what I said happened the way it happened,

does not constitute demanding money with menaces and as far as they are concerned no criminal activity taken place.

 

I feel I cannot let these guys get away with this, if they do it again to someone else becuse it worked on me ,

what if the next one has a full blown heart attck and dies.

 

When I said this to the police they said 'now your talking silly'.

 

After all the talk of whats right and whats wrong, how am I going to prove the bailiffs lies.

 

I was getting some advice from here but contact with them appears to have been lost in a mountain of work,

for which I understand there are lots more people suffering, maybe worse than I.

 

Its just this overwhelming feeling of ..... cant describe it, but it eats away at you.

[ploddertom]

I think you still have a fair bit of letter writing to do.

 

1. Have you asked for and received a breakdown of the charges they have applied.

 

2. The inventory that they have levied on - if the goods belong to a 3rd party you should inform the Bailiff of that - even now - and ask that those fees are removed from your account as it made the levy invalid.

 

3. If those goods belong to your Landlord then you will have to ask him to confirm and send on to Bailiffs.

 

I think you have also come up against the proverbial brick wall over what happened on the day in question - your word against another and there were 2 of them. If you had an independent witness or a recording of the conversation then that would have been different. I'm afraid you may have to put this down to bad luck.

 

Your best bet at present will be through the fees they have charged you! If you can then prove you have been overcharged then the Council may change their tune.

 

PT

[RaeUK]

CD, did your Formal Complaint clearly state why you are classed as vulnerable under the National Standards for Enforcement Agents? And did you supply copies of medical evidence to support this? If this was the case, can you scan the reply to the Formal Complaint you received excluding personal data?

Best wishes

Rae.

[Completely desperate]

Tomtubby has details of charges said they were wrong and was going to send me details but that was some time ago.

There are 2 Notices of seizure of goods and inventory. LIke I said these have not been signed by me, they are photocopies and are not very clear on certain parts, first time I saw these was in letter from Council, they were not given to me at the time, and have no recollection of them being completed at the time. These are the figures on them

Arrears due to council 692.19

1st visit fee -

2nd visit fee -

Levy fee 46.00

Walking possesion fee -

Enforcment fee 227.20

sch 5 head H fee 34.61

total amount due 1000.00

next form

Arrrears due to Council 972.84

1st visit fee -

2nd visit fee -

Levy fee 53.00

walking possession fee 12.00

enforcement fee 80.00

sch 5 head H fee 48.64

Total amount due 1166.51

Full total 2166,48

After complaint to council this was reduced by attendance fee of 227.20 to £225

an less an ex gratia gesture after consultation with council of £152.50

 

On the inventories They have put the same television on both inventories which belong to landlord Can they put same item down twice?

Dining table and chairs on one inventory which belongs to Landlord

3 peice suite belongs to landlord

Desk top pcs which my wife uses for work

1 yamaha keyboard which is broken

Guitar hero drum kit , belongs to son

2 guitars which i have on loan from friends.

Do they have to be able to clear the debt with what they take? cause even if they were mine that wouldn't clear it.

Regarding health issues

On the letter from Director of Bailiffs firm states, ' The bailiffs recall you starting to cough and show them contents , which did includebloodalong with mucous. Had your wife not been so adamant on resolving the arrears the bailiffs may have opted to defer enforcment of the liability orders.' Of course my wife was adamant they were preparing to take me to the police station overnight to Magistrates court the following morning.

 

My wife knows what they said, so does my sister and her husband with what they said to them at their house.

Edited April 6, 2010 by Completely desperate
clicked wrong button before had finished writing

[ploddertom]

There does appear to be a lot wrong with the charges you list, however it doesn't matter whether you signed it or not. Have you asked for a breakdown of their charges yet, if not use this and adapt to your own needs and send by email and letter:

 

"From:

My Name

My Address

 

To:

Acme Bailiff Co

Bailiff House

 

Ref: Account No: 123456

 

Dear Sir

 

With reference to the above account. Can you please provide me with a breakdown of the charges including Computer Screenshot. This is not a Subject access request under the Data Protection Act S7 1998 so does not incur a fee of £10. I also require the name of the attending Bailiff and the name of the Court he was Certificated at. You are obliged to provide this information.

 

I require this information within 14 days.

 

Yours faithfully

 

Ripped off customer"

 

This will be a start as to what may be quite a few letters backwards and forwards to them. When received come back and give us a look and we'll comment further.

 

I note what you say about other family members witnessing what happened but unfortunately you would need corroboration from any independent witnesses to progress this further.

 

PT

[seanamarts]

I am absolutely sickened by this, and fully understand how you must be feeling. It irks me that the council always believe the bailiffs. Have you discussed this with your local MP or councilor, It maybe now time to involve them including the Local Government Ombudsman. Get witness statements together from all concerned and get complaints written in at the highest possible levels.

[Completely desperate]

March 2011.

 

I have been paying these bailiffs the balance that was left over from the actions of the above letter.

 

I got absolutly nowhere with the council.

 

Well last week I went to pay the last of my instalments online,

and could not get on as usual instead there was a telephone number Mobile and a name.

 

I rung this and was told by the named person that becuse i had lissed two payments I was in defaut and my acount had been passed to him for collection.

 

I told him I was trying to pay online thr full balance of £150 as it needed to be completed by the end of March.

 

He refused this payment saying that the figure I now owed was £400, £250 had been put on for charges incured.

 

When I asked for what charges he replied £200 for taking account back to court and £50 for an application for a warrant of arrest

which I have here and if you dont pay this £400 I will come and arrest you.

 

The following day I paid the £400 pounds, I have since after going to the council been told by them that no additional court proceedings have been done recently,

and there certainly had been no application for arrest.

 

They said the bailiffs must have done that.

 

I think I understand the baiffs dont take it to court but the council do that am I right.

 

Have I once again been duped by these people and if i am right that no court proceeding have been paid for and no arrest warrant paid for I can claim this back from them.

[Thegreenpimpernel]

I think you need to write to the magistrates court this supposedly originates from.

 

The first part of your story is horrendous, i remember it well; However, i would save that until later.

 

I would outline the events you describe in your last paragraph. Namely that on XX/XX/2011 a bailiff has claimed to have obtained:

 

a)an arrest warrant

 

and

 

b)a 'further' court hearing

 

at XXXXXXXX Magistrates Court and has applied £250 in associated charges.

 

These claims have been refuted by the creditor / liability order holder XXXxxx District Council.

 

I believe Mr XXXXX Bailiff has committed an offense by threatening to enact a non existent arrest warrant. He has also defrauded me of £250 in fees charged in connection with applying for the fictitious warrant.

 

 

Something like that anyway.

 

But first i would write to:

 

a) The council seeking written confirmation that no arrest warrant or further court proceedings took place.

 

b) The bailiffs, asking for a receipt / breakdown of payments made and charges applied.

 

Best to have replies to these to back up a letter to the court.

[dx100uk]

why has no-one pointed out that you cannot get arrested for ctax arrears?

 

you have been well and truly fleeced here.

 

dx

[Thegreenpimpernel]

"you cannot get arrested for ctax arrears"

 

True, but if you really take the p*** for long enough you can get arrested for not complying with a summons or payment order.

 

Though i agree, this couldn't possibly happen to the op since he appears to have been keeping in contact with, and making payment towards the debt.

 

Thoughorly fleeced.

[dx100uk]

i have also removed some unnecessary posts to tidy and trim the thread

 

dx

[Completely desperate]

Thank you DX, but you appear to have taken off the additional posts i put on last night about what the position is now. Do I need to post that information and questions that I sked on Again

[dx100uk]

there was/are site issues.

 

so p'haps that is the answer

 

however.........post 38 was the only post you made other than duplicates of it on your other threads that existed last night

 

dx

[ploddertom]

What paperwork do you have from the Bailiffs?

 

PT

[Completely desperate]

Update March 2011.

I have been paying the bailiffs since February 2010 every month to clear the balance left over from the actions of January 2010.

 

Last week I went online to pay what would be my last payment

but instead of the usual payment page I received a message with a tel number (mobile) and a name to contact.

 

When I rang this person who turned out to be a bailiff (surprise surprise) and I told him I was not able get online to pay,

he said that is because you have defaulted and it has been passed to me for collection.

 

Ok so I said So I can pay you the £150 he said no, its not £150 its now £400 because of charges.

 

When asked what charges i was told £200 for taking account back to court and £50 for the warrant of arrest that had been applied for

and which i have in my possesion and if you dont pay this £400 now I will come and arrest you.

 

I paid the £400 pounds.

 

I went to the council two days later and found no recent court proceedings had been done and their certainly was no warrant out for my arrest.

 

They also said that the bailiffs must have applied for that themselves.

 

Am I right to understand that it is the council who do that and not the bailiffs?

 

That £150 i was paying was to be my final payment to them.

 

I have the feeling that I have once again been duped by these people.

 

Is there any suggestions as what I can do.

 

The last time I got absolutly nowhere with the council the police the bailiffs.

 

thank you

Edited March 27, 2011 by dx100uk
please add blank lines and make spaced sentences to your posts - yet another msg edited!! dx

[hallowitch]

subject access your council and the bailiff firm this will cost you £10 for each

 

I take it you have the lease proving most of the goods levied were not yours

 

do you still any paperwork left by the bailiffs

did your sister do a charge back

 

name the council

name the bailiff firm

I wonder if this is Capita & Equita

exactly how much have you paid against these debts

 

 

I went to the council two days later and found no recent court proceedings had been done and their certainly was no warrant out for my arrest.

 

They also said that the bailiffs must have applied for that themselves.

 

bailiffs don't apply for a warrant the council does

the council can only take you to court if you wilfully refuse to pay the council clearly not the case here

 

do not speak to the council or the bailiffs over the phone unless you can record the call

 

If you can record the call phone the bailiff and ask who exactly applied for the arrest warrant and what court was it

Edited March 28, 2011 by hallowitch

[Completely desperate]

Over £2,000