Bailliff warrant for a debt.. clamped car took list - i paid . changed his warrant to one for CTAX whilst here - all refund back now with the council **WON**

[sewingkit]

Hi Everyone,

My apologies for the delay in getting back, waiting for replies from Council. So, I have had two replies from the council. They are full of "interesting" comments and avoidances, etc. I will go into the library and get them scanned and get them on here to discuss, etc. I will not be able to do that until Monday as I am away until then.

 

One thing to note now. The bailiff have reduced my payment to £30 per month. I have not paid them any money as I have paid direct to the council for the time being and until this is resolved to my satisfaction.

 

The funny thing is that I have not heard anything from the bailiffs about any non-payment in over 6 weeks since it was due. I just cant help thinking that they are just not interested and probably think they they can get more money elsewhere than turning up here for a measly £30 or my rubbish belongings on the levy's are not worth the hassle for them.

 

Over time I have thought more and more about this and how they work and just cant help thinking that this is the case. From the content of the letters from the council i cant helping think they wouldn't care either if I told them this.

 

...just ridiculous the whole thing. Just goes to prove all they are after is money to pay their fees and a cursory gesture toward the debt!

 

More to come,

 

Regards

Sewingkit

[regan11]

I think the bailiffs realise the've made a pigs ear of this and don't really want to rattle your cage.Don't forget that the council employ the bailiffs and are ultimatly responsible for all their actions.

[sewingkit]

Dear all,

 

My apologies for the further delay in posting an update, things have been a bit stressful recently.

 

I have now managed to get all the letters/docs scanned on at the local library (took ages! but well worth it)and figured out how to share them with you all via Google documents, very handy indeed. Below is the link for 11 documents; 2 pages are my complaint to the bailiff, 2 pages their "reply" letter and their payment plan diktat. Also 6 documents showing the original walking possession orders. (I have all the council letters as well but will do that separately, I want to deal with the bailiff first)

 

Google Docs

 

Please could someone take a look at the WPOs and their "Complaint reply letter" as let me have their observations on whether there is anything wrong other than what has been mentioned earlier in this post (mentioned below)

 

I have been on the county court website and taken a look at the Form 4 Complaint form. My basis for the complaint is as follows:

 

1. That the bailiff has charged 3 separate fees for a number of single visits when he should only have charged one fee for each. In reference to the a detailed assessment hearing in Leeds County Court (Throssell vs Leeds???), this is not permitted
   
2. That the bailiff has levied the same items on 3 different levies. Particularly one that is for another Authority. If these items were to be possessed how would payment be paid, the items cannot be sold three times at auction?
   
3. The bailiff has levied on items that are not mine, they belong to the landlord/owner of the house
   
4. That the bailiff acted in a intimidatory manner whilst gaining unlawful entry. I mentioned on at least two occasions that I was unemployed (he has entered this on their payment plan!) and in receipt of benefits. He still then proceeded to obtain money from me which I did not have. I had to ring 2 friends and my landlord to "borrow" £327 to give to him. This is unprofessional and not in keeping with the standards they are signed too. I will have to pay the money back and it has made my financial situation worse.
   

 

I am unsure of the court cases/legal bases which will back up any my above points. If anyone can elaborate further or offer any supporting cases/facts/points I would be very grateful. Any other points that I have missed then please comment too, thank you.

 

I was gob smacked by the bailiff reply in that they completely ignored some of my points in my complaint letter, if you look. I wonder if they read it and just thought we'll whip something up and hope he goes away! Fat chance, just taking my time, they will get their comeuppance soon enough. I intend filling the form in ready then sending another terse reply to the bailiff enclosing a copy of the form stating that I will send it to court if I do not get a satisfactory outcome (and I will!)

 

....still no visit from the bailiff to chase me up, just makes me laugh! I have made a couple of payments out of my meagre Jobseekers allowance direct to the council whilst I sort this out.

 

I think part of the delay too in coming back to you all was I felt a bit helpless. Both avenues taken to deal with this have hit kind of a wall. The council have said no to taking it back (more on that next post) and bailiff complaint situation looks more and more like a court visit, I was nervous about going to court but have now gotten over that and am ready to move this forward once more.

 

Many many thanks for all the help so far and once again I am sorry for the delay. Back with an attachment bang!

 

Regards

Sew

[sewingkit]

As for the council's responses, equally interesting/amusing I suppose. Please use the same link as above and go into the ECC folder link at the top of the list. There you will see the 5 letters and an email to the their first response (letter 3). 1/2 are my original complaint letter, 3 is their first reply letter. "3.5" is my reply to their first letter and 4/5 is the Head of Revenues reply.

 

Well, not quite sure where to go with this one, any suggestions?

 

I have not spoken not my local councillor yet, should I?

I feel another letter to the council will get me nowhere, am I right? (unless involve the councillor maybe)

If the above is right then is my next port of call the Ombudsman?

 

Any suggestions on what you think my next course of action should be, I am at a bit of a loss really. many thanks

 

Regards

Sew

Edited June 8, 2010 by sewingkit

[sewingkit]

Any thoughts guys or are you trawling through the paper work?

 

I think I will get on and speak to my councillor tomorrow AM. I want the council to just take the money direct from my benefits for me. That is what I want?

 

I still want to proceed with a form 4 against the bailiff or least seek some form of compensation for the way behaved and the effect he had on me. I want them to learn a lesson. Any help is appreciated

 

Many thanks

Sew

[sewingkit]

Brief update,

 

I now have a sworn statutory Declaration for half the times on the levies from my landlord.

 

I now have my blank From 4 complaints and ready to fill them in.

 

My council complaint has now been passed to the Chief Executive (third and Final stage) of the council and I rang my local councillor last Thursday and explained the situation and she said she will look into things for me and see what she can do.

 

I have asked the council to deduct the arrears from my benefits and why they have not done that so far as they know I am on benefits.

 

Will update further when the CEO responds

 

Thanks everyone for all your help so far.

 

Sew

[sewingkit]

Further update,

 

I have just had an email from the council saying that hey have spoken to Ross and Roberts. They have confirmed that the bailiff will not call until the outcome of stage 3 of my complaint.

 

That is good news as every time I have a knock I start to get anxious and panic a bit.

 

Hopefully things will turn out well form the complaint, fingers crossed.

 

Regards

Sew.

[RaeUK]

Have fingers crosed as well, sewingkit...

Best wishes

Rae

[sewingkit]

Thanks Kelcou, much appreciated.

[kiptower]

another meaningless message no #11

[sewingkit]

Hi All,

 

Just had my reply from the Chief Executive of the local council.

 

WOOHOO!!!!!!!!!!

 

He has agreed to take back the debt from the bailiffs and for it to be taken direct from my JSA and then I offered for a voluntary Attachment of earnings when back in work.

 

Perseverance does work and I think a big dose or empowerment provided by all who have helped on this site. Knowledge is power (mostly!) and I think once they realised that they were not dealing with someone who was not going away and knew a thing or two it changed matters.

 

Now, what to do about the bailiffs and their dodgy double fee charging, etc.!?? I have my blank Form 4 here. I think I will take a little time to think what to do. I am still aggrieved and angry by the way he behaved and what he did and want them to answer is some way for that. To be honest, I think they owe me some money, which I need! At least I will not have to worry about them coming around again, perhaps they can drop the money back they owe, lol!

 

Most importantly, a massive thank you to all who have helped on this site in particular Kelcou for her letters/English skills. I am very very grateful and touched by the concern shown by all and help provided.

 

Perhaps this will nullify HCE's comments that things on here fizzle out and tail off, etc.

 

Regards

Steve

[seanamarts]

well done im really happy for you. x

[loopinlouie]

Hi All,

 

Just had my reply from the Chief Executive of the local council.

 

WOOHOO!!!!!!!!!!

 

He has agreed to take back the debt from the bailiffs and for it to be taken direct from my JSA and then I offered for a voluntary Attachment of earnings when back in work.

 

Perseverance does work and I think a big dose or empowerment provided by all who have helped on this site. Knowledge is power (mostly!) and I think once they realised that they were not dealing with someone who was not going away and knew a thing or two it changed matters.

 

Now, what to do about the bailiffs and their dodgy double fee charging, etc.!?? I have my blank Form 4 here. I think I will take a little time to think what to do. I am still aggrieved and angry by the way he behaved and what he did and want them to answer is some way for that. To be honest, I think they owe me some money, which I need! At least I will not have to worry about them coming around again, perhaps they can drop the money back they owe, lol!

 

Most importantly, a massive thank you to all who have helped on this site in particular Kelcou for her letters/English skills. I am very very grateful and touched by the concern shown by all and help provided.

 

Perhaps this will nullify HCE's comments that things on here fizzle out and tail off, etc.

 

Regards

Steve

 

:grin::grin::grin:

[sewingkit]

Thanks guys

 

Gonna have a celebratory cuppa tea! No beer and left the Gin for Martinis (my favourite drink atm!) at Girlfriends, dang!

 

Steve

[ploddertom]

Thanks guys

 

Gonna have a celebratory cuppa tea! No beer and left the Gin for Martinis (my favourite drink atm!) at Girlfriends, dang!

 

Steve

 

Therefore you can claim back what they owe and buy an extra bottle or 3.

 

8-)8-)

 

PT

[sewingkit]

indeed, very good idea!