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**

[seanamarts]

Subbing with interest .. I hope you had some luck with the CAB if not there are plenty of people here that have some great advice for you

[seanamarts]

Had a quick tidy up hope you didnt mind

 

Dear Sir/Madam,

 

Re: XXXXXX

 

I am writing to make a formal complaint in regards to a number of errors made by your bailiff Mr XXXXX. On the xxth February 2010 at 3pm Mr XXXXX visited my property to recover monies for a liability order for unpaid council tax. It is on my understanding that your Bailiff Mr xxxxx did not adhere to The National Standards of Enforcement agents which is clearly set out for those who partake in these matters.

 

The details of the above breaches are as follows:

 

1. On at least 3 separate occasions during my conversations with him I stated that I was unemployed and on benefits, in fact he repeated it once in conversation. He should have taken note and acted accordingly and left and returned the cases to the appropriate councils.
   
2. He could see that I was having a panic attack and asked me to calm down a number of occasions and even asked me to have a glass of water. He should have left and returned at later date or changed his threatening and intimidating manner. I believe he was in breach of his duty of care under any possible contract with the council. (This has been raised in a separate complaint to both relevant councils)
   
3. On the 3 Walking Possessions Orders he (and the bailiff who joined him later) has listed the same items on each of the 3 forms. I believe this is illegal or at least in contravention of the rules for seizure. If you were to collect all the items on one and auction them how would you be able to collect them again on the other two for auction and subsequently pay to the creditor. I believe that at least two of the WPOs are null and void.
   
4. On the three WPOs you have added the same set of charges on each WPO for one visit only. You cannot add charges 3 times for only one visit. Please bear in mind I have not gone through the computer screenshot you have sent me to check if you have done this before. This is also possibly illegal bordering on fraudulent at least a further contravention of the rules governing the seizure of goods and your own industry standards.
   
5. A number of the items on the WPOs belong to the landlord of the house. I mentioned this to bailiff but got no reply. These items will not form any part of any levy. I am able to obtain a Statutory Declaration or Tenancy Agreement to prove this fact.
   
6. On the Computer Screen-print provided by Ms XXXX in your office. There is no mention of Mr XXXX’ visit on the XXX July 2009 (I had kept the WPO). I found out that Mr XXXX was not certificated at the time. His certificate ran out on the xxx July!!! I mentioned this to Mr xxxxxx and he said he had left your company. In fact this in untrue, after checking the register I have found out that he is still registered with your firm. So, I would like an explanation for why this is not on the history as I believe this is a further breach of your codes/ rules as mentioned above. I have a feeling that due to his very illegal levy that you somehow have not entered this on the records in the hope that it had been forgotten. I am sure that xxxx county court will have records of when Mr xxxx previous certificate ran out to further support this. I suspect that this omission from the record is a breach of the Data Protection act in some way.
   
7. At least 3 of the items on the WPOs are broken (Gateway PC monitor, Epson printer and Coffee machine). These have no value whatsoever. I am under the impression that you should not be levying on broke items.
   

 

I feel that once Mr xxxxx realised that he was unable to levy upon my car and that his ability to get money for fees would be limited he proceeded with a threatening, bullying and intimidating manner to seek an alternative source of revenue for your company. It was absolutely clear that I had no money (due to being on benefits and unemployed) and I had to think for about an hour where to get some money. In the end I had to borrow £327 from 2 friends and my landlord to get him out of my house. Furthermore, the money he did get will only apply to the (questionable) fees and never end up with the creditor. The (remaining!) items on the WPO’s have such low pecuniary value so as not to make any dent whatsoever in the outstanding debts so as to be pointless. This is and all above points lead me to believe that all he was interested in was getting some money out of me, broken items, items not belonging to me, duplicated items, vulnerable status and not caring how he got it.

 

On a personal note, the visit left me shaken and physically sick. This has been compounded by the above discoveries with help from experienced people. The actions of Mr xxxx and therefore your company possibly also the council you represented were disgraceful. I will shortly be contacting my local newspaper, councilor and most importantly my local MP to offer him further data to support the regulation of bailiffs in the next 2 years as mentioned in the national press recently.

 

I would like this complaint to be investigated immediately and resolved as soon as possible. I expect a written answer within 14 days before further action is considered and/or taken.

 

Kind regards

[seanamarts]

Hi Sean,

 

I was wondering if it was so bad people were ignoring it, :o

 

Thank you for your comments/changes, I think I will go with them. i useless with these sorts of things, writing how I talk as a lot of people do.

 

once again, thanks for the help

 

 

Regards

Sew

welcome but im sure if Kel was here she would do a far better job than I

but its a good letter, very informative, make sure you send a copy to the council as well as the bailiff company.

[seanamarts]

Sorry I had to desert you for most of last night and today. Seanamarts has risen well to the fray

 

Best wishes

Rae.

ive been run off my feet in here

[seanamarts]

Ive come to the conclusion that this seems to be the norm, bailiff companies only answer what they want to and omit what they have done wrong and the councils seem to afraid to step up to the mark and take responsibility. I cant seem to work out at this stage who is pulling the strings and who are the puppets. Keep on complaining as the council will soon have to sit up and listen, if enough people complain about these muppets then some thing sooner or later preferably sooner, something will be done, lets hope who ever gets voted in will make a stand against these underhand tactics of these unscrupulous bailiffs and their puppets the councils. thats if I have got it right of course

[seanamarts]

well done im really happy for you. x