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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**


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Hi, urgent,

 

I have bailliff in front of my drive way with locked gates saying he is going to impound my car.

 

What can I do,

 

he is just sat there waiting. I have told him I am on the phone and that I am not the person just to delayy but I am panicking and do nto knwo what to do.

 

I think he cant come on the premises unless I say so or invite him, is this right

 

|IF SOMEONE CAN COME BACK ASSP MI WOULD BEVERY GRATEFUL!

 

Steve

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Hi -firstly, try not to panic!!

 

I believe that a bailiff may climb over a locked gate/wall/etc as long as he doesn't cause any damage . He may levy on your car if it's parked on the driveway. However, if your car is on HP or you are not the owner, the levy would be unlawful, in which case all charges associated with that levy would be unlawful and would have be refunded. If the car is yours, then that's another ball-game. I believe he can lawfully levy on the car and apply charges.

 

Make sure that you keep ALL your doors and windows locked, DON'T speak to the bailiff - it is not unlawful NOT to deal with the bailiff.

 

Did you receive a liability order from the Council. Did they inform you that the case had been sent to the bailiffs?

 

Impecunious!

 

Steve

 

Someone more knowledgeable should be along soon.

 

Just DON'T let them into your property - for whatever reason.

 

Impecunious!!!

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Steve

 

Sorry, I was assuming it was for Council Tax arrears -- can you tell us what debt is outstanding? It may affect the advice you are given.

 

Impecunious!

 

I believe that if the car is on HP that it's technically not yours until the final payment is made, therfore unlawful levy.

 

The bailiff can easily find out if the car is on HP. Talk to your HP company.

 

Impecunious!

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Can you tell us what the debt is?

 

Have you made all of the car payments?

 

Do not sign anything without some advice first. .

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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all gone wrong. he managed to get in the kitchen while I was lookign for the HP agreement then argued his way in and did not allow me to close the door on him, half over the threshold

 

I have paid a bunch of money and signed some forms, etc.

 

I am too upset to write anymore and do not feel very well. Thank you for your posts.

 

Steve

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Steve, it's a very unpleasant and unsettling experience. When you feel up to it, post some more and there will be several people who can still help you. It's unfortunate what happened but not your fault.

Some of the questions you are likely to be asked include?

What is the debt for?

How much is owed?

What charges has he added?

What has he levied on?

How many times can you hit a bailiff on the head before he notices?

 

Best wishes.

Rae

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all gone wrong. he managed to get in the kitchen while I was lookign for the HP agreement then argued his way in and did not allow me to close the door on him, half over the threshold

 

I have paid a bunch of money and signed some forms, etc.

 

I am too upset to write anymore and do not feel very well. Thank you for your posts.

 

Steve

 

Sorry cant offer any help Steve, just wanted to offer some support....

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if he pushed you etc as he entered, eg, foot in the door to stop you closing it , then you may well have a case of complaint that he did not gain peacefull entry

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Steve,

 

I want to keep this thread going, To show just what can happen if you give a Bailiff an Inch, he will fit his foot in it.

 

Please do come back and i will give you as much time as you need to get this sorted.

 

Dont be another victim.

 

hope you are OK

 

LFB

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all gone wrong. he managed to get in the kitchen while I was lookign for the HP agreement then argued his way in and did not allow me to close the door on him, half over the threshold

 

I have paid a bunch of money and signed some forms, etc.

 

I am too upset to write anymore and do not feel very well. Thank you for your posts.

 

Steve

 

It is horrible not knowing what has happened in this case. Even if you just want some support...please do post back.

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  • 4 weeks later...

Well, thank you all for your support very touched.

I am kinda OK, a harrowing experience I had. It has taken me this long to be able to talk about it without losing it.

I just shake and feel kinda ill each time!

 

I lost it completely and nearly broke down in front of the bailiff, he even realised I was not right and told me to calm down and get a glass of water!

Kind of a panic attack I suppose. Anyway.....

 

I have so much to say and ask (questions later on) I really do not know where to start.... Sorry, this will be long:

 

The debts are for 3 things, one fixed penalty notice for a parking offence and 2 for council tax arrears.

 

Firstly,

the main part of me being so affected by this is my stupidity and anger at myself.

He only came on the fixed notice but found out about the Council tax whilst here.

 

The car was on HP,

he checked that and was so lucky about finding out about the CTAX as it gave him a reason to stay and earn some money.

I should have realised and locked the door and that would have been it.

 

He called his company and spoke to them and got some other guy to turn up with the CTAX docs,

I am sure he did not have them on him when he was across my door frame!!!!!!!!!

In fact he must not have had them because he must only have brought the paperwork for the notice!

 

I am angry for myself for not picking up on all of this until after.

I literally lost it and was in tears the whole of the time (other major things in my life are going wrong so I think this affected my ability to deal with it)

 

I have signed 3 possession order forms and they have the charges, etc. and all that on.

And I have also signed a payment plan with them for £200 per month!!!!!!!!

 

Now, I am unemployed and in receipt of Jobseekers allowance so cannot afford this.

It is "funny" how I had no say in the payment plan!!!!

 

I had to borrow £327 off 3 friends to pay him there and then as he threatened to take all my stuff (with his big mate there with another "smaller" van as he said), I literally have no money whatsoever.

In fact I find it difficult to feed myself sometimes and have sold all my belongings over previous months hence....

 

On the 3 forms they have listed, more or less, junk.

A broken printer,

broken basic coffee machine,

a TV that is not saleable.

A broken PC monitor,

furniture (that belongs to the landlord!!)

 

I have totted it up using a third of price (as usually paid for second hand items, I know I have sold so much stuff) and it would barely cover their costs to remove it let alone the £1500 council arrears!

 

 I will not be paying them tomorrow, when the first payment is due.

I have uPVC doors and windows which are extremely safe (they have 4 locking pins in them) and I live alone and never have left windows open so if they turn they will not be able to get in.

And as I have read here on the Police guidelines thread that they must obtain a court order to “break in” if they need or want to!

 

Anyway, some questions which I hope will help me....

 

  1. After looking at the forms it says that they are only entitled to the stuff on the order. Is this true in that if I place all of the items in the rear porch they can quite happily take them and they do not need to come in the house again? The form does not give them the right to come in but only entitles them to the items on the list?
    The bailiff was dumb, as I now know they all are now. He missed the expensive items. I hid the PS3 under the bed and my new PC in the loft and swapped it out for my mum’s old cheap and broken PC. So, as I said above stuff on the form is, really, worthless barely a £200/£300! He also did not make a note of model numbers so I will be changing out the very expensive speakers, sub and elements of the stereo for a spare cheap 15 year old one from the loft which is the same make! Idiots!!!!
     
  2. They have put sofa, coffee table, kitchen table, chest of drawers, etc on there when these things belong to the landlord. What can I do about this? I read on here about a “statutory Declaration” can I get the landlord to do one of these for his items or do a tenancy agreement showing the items as part of the house contents and use that in some way?
     
  3. They have listed the same things on all 3 orders, if they take the 4 or five things on the first thing (the fixed penalty notice) how are they going to pay for the other two? I presume all monies go to them first, obviously. Hah, I guess they think they might get in again and do some more (which is not there, I have made arrangements for the nice stuff to stay with a friend for the time being). The stuff barely covers the parking fine let alone the CTAX arrears
     
  4. Can I hide/put stuff in my car, do they have the right to enter it and get stuff out of the boot for example? A Car is not part of a dwelling so therefore I would think no. I am getting the locks for back gates so they will have to climb over anything if they want to get in. Maybe they will criminally damage something?!
     
  5. As I am on Jobseekers is it true that the council must not do this?
     
  6. The bailiff stood across my door (whilst he was figuring out what to do because he did not have the warrants for the CTAX) and would not let me close it (stalling for time I think) as I had not let him in, we were talking at the door. I tried to close the door but he did not budge. Is this wrong?
     
  7. I was visibly upset and under strain during it all (no witnesses). I will not embarrass myself further but I was not in a good way. Should he not have realised this as part of his code of conduct (duty of care, vulnerable situations, etc) and backed off). I was genuinely not well and he knew it?
     
  8. I posted on here a while back about the same company sending an un-certificated bailiff to me (for the same debts). He got in and got me to sign a possession order. I searched on here and realised he was un-certificated, etc. Rang the council, they sounded very unhappy about it and within one hour I had the director of operations from the bailiff firm on the phone grovelling to me. I did not take it any further as I did not want to take away a persons livelihood, etc. Anyway, I have kept the order just in case. What can do with it? I do not care anymore; I want to make life as difficult and bad for them as I can. I never heard anything from them since about the incident and the bailiff above said the guy had left the company (I expect he was let go as a result a to cover their backside).
     
  9. If I make a payment to the council (using there snazzy plastic pay-point cards) will that change things. I have seen ion here a number so posts regarding if they accept a payment then it is seen as being taken back and not with the bailiff. Can someone firmly confirm this? If yes then I will go make a payment today and perhaps that will sort it all out. I will take the receipt in as I am sure there systems will not black a payment. Not clever enough me thinks. edit I have found on here that now that is it with the bailliff then making payments to the council will make no difference. read a post by tomtubby, he/she seems to know a great deal. Can someone re-confirm this just in case.http://www.consumeractiongroup.co.uk/forum/show-post/post-2823112.html

 

That’s all I can think of now but I am sure there maybe more. I hope some people can answer my questions. This whole episode has precipitated some serious emotional stress for me to the point where I may have to see someone about it. I want to get a grip and fight back. I hate them now, I do not hate anyone but I do now. I know that they really do not want to come around and take things as it is a real pain for them and the value they would get is silly (I will move everything out of value first) I am quite happy to read until it blows over.

 

As for my next steps:

 

  • I have written a letter to them asking for a breakdown of all charges, etc. As I understand it will put all things on hold. I will cc to the council too. I will be sending this today by recorded delivery and will personally take the copy to the council.
  • I am going to speak to the council too. I am sure they would appreciate that I am not able to pay and I will show them the orders so they can see the value of items, etc. Perhaps they may see some sense.
  • I am due to go to the Citizens Advice Bureau this morning at 10amto get some assistance. Perhaps they can liaise with the council and sort this out
  • If I get nowhere I will see a solicitor as I qualify for legal aid.

 

The fight is on........I want to take this all the way!!!!

 

Once again, thank you all........

 

Sewingkit.

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  • I have written a letter to them asking for a breakdown of all charges, etc. As I understand it will put all things on hold.

  • Unfortunately not

  • I will cc to the council too. I will be sending this today by recorded delivery and will personally take the copy to the council.
  • I am going to speak to the council too. I am sure they would appreciate that I am not able to pay and I will show them the orders so they can see the value of items, etc. Perhaps they may see some sense.

The chances are the Council will trot out the usual "deal with the Bailiff" response.

 

  • I am due to go to the Citizens Advice Bureau this morning at 10amto get some assistance. Perhaps they can liaise with the council and sort this out

The CAB are good to a certain extent but if it is something they are not used to then they wil possibly struggle.

  • If I get nowhere I will see a solicitor as I qualify for legal aid.

The fight is on........I want to take this all the way!!!!

 

Once again, thank you all........

 

Sewingkit.

 

Will make more comments on your other content and hopefully will get time to offer some general advice also.

 

PT

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Thanks Plodder,

 

I am here until about 9am then I will be leaving for the CAB. I have been advised to get there will before opening time at 10 to ensure I speak to someone.

 

I will hold on the SAR thing/letter, in fact I was having trouble with the wording to be honest.

 

I will still go into the Council and talk. I am sure the JSA and ability to (not) pay is important.

 

All else fails then can have the stuff and I will hide the rest. I will tell them that and see what they do. I have read a lot this morning (been up all night!) more since writing my post. I get the impressions thye would not want to come and get stuff. Worth nothing!

 

thanks

Sewingkit

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Anyway, I have signed 3 possession order forms and they have the charges, etc. and all that on. And I have also signed a payment plan with them for £200 per month!!!!!!!!

 

Now, I am unemployed and in receipt of Jobseekers allowance so cannot afford this. It is "funny" how I had no say in the payment plan!!!!

I had to borrow £327 off 3 friends to pay him there and then as he threatened to take all my stuff (with his big mate there with another "smaller" van as he said), I literally have no money whatsoever. In fact I find it difficult to feed myself sometimes and have sold all my belongings over previous months hence....

 

It would appear that you may come under the "vulnerable" category according to The National Standards for Enforcement Agents - but will leave that for others to comment on.

 

On the 3 forms they have listed, more or less, junk. A broken printer, broken basic coffee machine, a TV that is not saleable. A broken PC monitor, furniture (that belongs to the landlord!!) I have totted it up using a third of price (as usually paid for second hand items, I know I have sold so much stuff) and it would barely cover their costs to remove it let alone the £1500 council arrears!

 

Any levy they make has to cover the Bailiff's fee, removal costs, auction fees and a portion of the debt concerned. Given your circumstances I would estimate they need to clear a minimum of £500 - therefore would suggest the Bailff has levied on these items solely to gain a fee advantage for both himself and his company.

 

So, I will not be paying them tomorrow, when the first payment is due. I have uPVC doors and windows which are extremely safe (they have 4 locking pins in them) and I live alone and never have left windows open so if they turn they will not be able to get in. And as I have read here on the Police guidelines thread that they must obtain a court order to “break in” if they need or want to!

 

Correct

 

 

PT

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you say in your post also about the three debts, can you confirm that they have still only charged you with one set of fees for there attendence to your home.

 

I will also ask Tomtubby to have a look at this, but iw know she will also want to know about the fees that have been charged.

 

£200 per month is far too high on JSA you should be looking at around £5 per week.

 

i will also come back to this because there are other points like what the regulasions say about being on JSA.

 

LFB

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PT Is correct in that you are classed as "Vulnerable" and clearly they have not taken this into account.

 

The bailiff company is under a duty to hand the council tax back to the council.

 

You must tell the CAB this when you go and ask them to contact the council for you.

 

LFB

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The bailiff was dumb, as I now know they all are now. He missed the expensive items. I hid the PS3 under the bed and my new PC in the loft and swapped it out for my mum’s old cheap and broken PC. So, as I said above stuff on the form is, really, worthless barely a £200/£300! He also did not make a note of model numbers so I will be changing out the very expensive speakers, sub and elements of the stereo for a spare cheap 15 year old one from the loft which is the same make! Idiots!!!!

 

Magic

  1. They have put sofa, coffee table, kitchen table, chest of drawers, etc on there when these things belong to the landlord. What can I do about this? I read on here about a “statutory Declaration” can I get the landlord to do one of these for his items or do a tenancy agreement showing the items as part of the house contents and use that in some way?

  2. The tenancy agreement may state this, you would have to read it. Otherwise Statutory Declaration is way to go. Did you advise them they did not belong to you

  3.  
  4. They have listed the same things on all 3 orders, if they take the 4 or five things on the first thing (the fixed penalty notice) how are they going to pay for the other two? I presume all monies go to them first, obviously. Hah, I guess they think they might get in again and do some more (which is not there, I have made arrangements for the nice stuff to stay with a friend for the time being). The stuff barely covers the parking fine let alone the CTAX arrears

  5. This gets better, they cannot list the same things twice or more so the other 2 are unlawful.

  6.  
  7. Can I hide/put stuff in my car, do they have the right to enter it and get stuff out of the boot for example? A Car is not part of a dwelling so therefore I would think no. I am getting the locks for back gates so they will have to climb over anything if they want to get in. Maybe they will criminally damage something?!
     

  8. Anything that is listed on a valid levy would now be the property of the Bailiff and it is illegal to sell, hide or otherwise dispose of it.

  9. As I am on Jobseekers is it true that the council must not do this?

  10. No, but you should make them aware of this.

  11.  
  12. The bailiff stood across my door (whilst he was figuring out what to do because he did not have the warrants for the CTAX) and would not let me close it (stalling for time I think) as I had not let him in, we were talking at the door. I tried to close the door but he did not budge. Is this wrong?

  13. This has caused many arguments in the past and at the end of the day will come down to your word against his.

  14.  
  15. I was visibly upset and under strain during it all (no witnesses). I will not embarrass myself further but I was not in a good way. Should he not have realised this as part of his code of conduct (duty of care, vulnerable situations, etc) and backed off). I was genuinely not well and he knew it?

  16. Yes

  17.  
  18. I posted on here a while back about the same company sending an un-certificated bailiff to me (for the same debts). He got in and got me to sign a possession order. I searched on here and realised he was un-certificated, etc. Rang the council, they sounded very unhappy about it and within one hour I had the director of operations from the bailiff firm on the phone grovelling to me. I did not take it any further as I did not want to take away a persons livelihood, etc. Anyway, I have kept the order just in case. What can do with it? I do not care anymore; I want to make life as difficult and bad for them as I can. I never heard anything from them since about the incident and the bailiff above said the guy had left the company (I expect he was let go as a result a to cover their backside).

  19. Have you checked this time, did you ask to see his Certificate

  20.  
  21. If I make a payment to the council (using there snazzy plastic pay-point cards) will that change things. I have seen ion here a number so posts regarding if they accept a payment then it is seen as being taken back and not with the bailiff. Can someone firmly confirm this?

No - it only shows a willingness to pay


  1. If yes then I will go make a payment today and perhaps that will sort it all out. I will take the receipt in as I am sure there systems will not black a payment. Not clever enough me thinks. edit I have found on here that now that is it with the bailliff then making payments to the council will make no difference. read a post by tomtubby, he/she seems to know a great deal. Can someone re-confirm this just in case.http://www.consumeractiongroup.co.uk/forum/show-post/post-2823112.html

 

PT

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  • dx100uk changed the title to 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**
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