Police let bailiff into my property ***WON - bailiffs certificate removed ***

[Vicki202]

Really need some help a bailiff turned up at my door this morning clamping my car id previously been to council n they set up a payment for me to wich i paid only to find out they paid it into there account for a old council tax bill not to the bailiff so my car was clamped less than half an hour later she turned up again ended up her assaulting me slamming me against her van when i tried to stop her gettin in to it she rang the police and while police where talking to me she came into my house i flipped and went for her so i ended up been handcuffed to which a copper then brought her into my house and allowed her to levi things she now wants 336 pounds by wed im a single parent on benifits how am i supposed to sort that ? nobody seems to no how to sort out any of this or even give advice im really stuck and could do without this as my nan is dying of cancer and has just had a fall and been taken bk into hospital without my car i cant get to her

[pompeyfaith]

Greetings Vicki,

 

I have requested help for you from someone who is knowledgeable with baliff law.

 

Hold in there they will be along shortly.

 

PF

[Vicki202]

thanx any help is greatfully taken

[RaeUK]

Hi Vicki202, I'm sure you'll attract a lot of advice...

May I just ask what benefits you receive? How old are your children? Is everyone in the household hale and hearty?

Were there any witnesses to the assault?

What did the bailiff levy on? What items did she list and what paperwork did she leave?

Which firm does she work for?

I know that's a lot of questions but the more you tell us the more advice we're able to give you...

Best wishes

Rae

[RaeUK]

Hi vicki202, I'm presuming you may have gone for the night.

I know you're worried about geting the money together and the prospect of a bailiff calling on wednesday.

The reason I've asked you a lot of questions is that the answers will give us the ammunition needed to fire back at both bailiff and council. There are a lot of things that shouldn't have happened to you for many reasons.

You are in a far stronger position than you realise due to your circumstances. Please remember that the bailiff will lie, cajole, threaten and bluster in the hope you will beg steal or borrow whatever sum of money he / she plucks out of the air. You do not necessarily have to pay the bailiff anything - particularly if the levy they made was wrong.

I'll be looking in on the forum for the next hour or so in case you pop back otherwise I'll look back in during tomorrow day...

Best wishes

Rae

[dx100uk]

a bailiff cannot clamp you car for their fees as you have already sorted it with the council.

 

contact the council first thing in the morning

they are responsible for the actions of the bailiffs they employ

 

had the bailiff attended before she clamped you car?

 

dx

[RaeUK]

Hi dx, it sounds like several errors all round at the moment...

Best wishes

Rae

[Vicki202]

Hi i am worried about wedensday massivley as yesterday ended me in cuffsand been held agains a wall in front of my children as i flipped when cops where talkin to me she just walked in the police eventually asked her to move but it was for long the sargent then brought her into my house the only paper work that she left was te note on my car sayin dont try and drive it i admit the first thing i done was removed the tyre but within 25 mins she was bk and it was from then it started

 

im 25

have 3 children ages 8 , 6 and just turned 1

i suffer with a unstable pelvis and both me and my son have astmah

i currantly get ncome support house and council tax ben child ben and child tax cred i spoke to council yesterday and they where no help what so ever if anything made matters worse dont no about any witnesses to the assault however i am black and blue also she did not leave any paperwork she also refused to let me see the list that she wrote down and the company they are from is rossendales hope these help

[hallowitch]

To levy goods the bailiff must leave a Notice of seizure of goods and inventory ant the time of the levy

 

do you know the amount of the outstanding to the council

 

do you know how much your car is worth

did she leave a notice of seizure when she clamped the car

[Vicki202]

The only thing i have from her is the notice that was on the car which says do not attempt to drive this vehicle it has been clamped for non payment of council tax it is an offence to damage or remove the clamp and legal action ill be taken if bailiff discovers any sign of damage failiure to contact the bailiff within 24 hours from date and time of this notice will incur further charges and will result in the vehicle been removed and sold at public auction the only other bit if paper i have is a old envolope which she gave to my ex when he spoke to he is what she has written that only says 336.31 to be paid before 3.30pm and 336 to be paid on the 7th her name and number bt she said in convo to him that she wanted the other 336 next week but wrote down the 7th so i dont no when its ment to be i have no list of goods nothing

[Vicki202]

It also turns out that she has been following me she told my ex that i took my daughter riding on a wedensday and that i moved my horse said where from and to its not my horse he is on loan to me and all his paperwork is still in the owners name so i no i dont have to worry on that matter but are they allowed to follow you does in infringe your human rights ?

[hallowitch]

what council is this if you don't want to put on main form send by PM

 

do you know who your MP is

 

When the council open phone them and ask the amount of the liability order

the amount outstanding

if there has been any adjustments regarding the amount sent to the bailiffs (IE the payments you have made )

 

Is the car on Finance HP

what the approx value of the car the car

 

 

Really need some help a bailiff turned up at my door this morning clamping my car id previously been to council n they set up a payment for me to witch i paid only to find out they paid it into there account for a old council tax bill not to the bailiff

 

regardless of what account the council used did you miss any payments have you got proof of payments

 

 

 

no the bailiff are not allowed to follow you about

[Vicki202]

its Newcastle city council i have emailed one of my labour mp's thats all we have here lol car is not on finance its a old one and worth more to me than money be lucky to get 300 if i sold it i dont have proof of my payments and i did stop as i was payin the 10 a week then ot a letter from rosendals sayin top pay 40 in one sum by certain date 2 days from the letter then bout a month after they changed the date of it again but still wanted 40 pound and if they are not allowed to follow me they are then breaking the law ?

[hallowitch]

i paid only to find out they paid it into there account for a old council tax bill not to the bailiff

 

IS there a debt on this old CT bill

were you aware of this debt

 

you were paying the £10 a week to the council until the bailiffs sent the letter

[Vicki202]

I got a bailiff letter and i went into panic mode i went into the council asking for there help they refused at first then the person i delt with made all the arrangements for me to pay it sayin i could pay the 10 a week next thing i knew i had the bailiff letter sayin they wanted 40 pound by certain dates which i couldnt afford and still cant

[ploddertom]

May be better to start from scratch.

 

Ring the Council ASAP and ask:

1 - how many Liability Orders you have

2 - what periods of time they cover

3 - how much is owing on each one

4 - how much is outstanding on each one

5 - when each one was passed to the Bailiffs

 

Asking these questions may help us understand what is happening.

 

Next I would send off for a Breakdown of charges the bailiff has added. Use something like this - adapt for your own needs and send by email & hard copy in the post by Signed For service:

 

"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 includes:

a - the time & date of any Bailiff action that incurred a Fee.

b - the reason for the fee.

c - the name(s) of the Bailiff(s) that attended on each occasion a Fee was charged.

d - the name(s) of the Court(s) the Bailiff(s) was/were Certificated at.

e - the date of the Certification.

 

This is not a Subject Access Request under the Data Protection Act S7 1998 so does not incur a fee of £10. You are obliged to provide this information.

 

I require this information within 14 days.

 

Yours faithfully

 

Ripped off customer"

 

I would also look to involving your local Councillor to try and negotiate with what has happened at the Council.

 

PT

[F_DCAs]

From what I understand so far, if it's found that the bailiff exceeded her 'powers', and the police assisted her with this, then at the least, a complaint against the police should be made as well.

 

It sounds like a 'complicity in a crime' scenario on the part of the police, and I'd pursue that as far as I could go.

 

The fact that this is Rossendales does not surprise me in the slightest - I'd have been mildly surprised if it wasn't.

[Vicki202]

it is rossendales and i dont have 14 days i have till tomorrow at 3.30 to find the 336.31 p or she is removing my car she also said she would tak my ex's work van and stock inside it as his name was on the account to he tried his hardest to negotiate and offerd payments but she wouldnt have any of it the fact a sergant brought her into my house got to me more than anything as i no they cant assist the bailiffs i also was not show any warrent or anything involving paperwork police where adament she had it n i was not allowed near her to ask for it as i was cuffed im seriously annoyed that my 3 children had to witness this

[hallowitch]

also inform the council that there bailiffs have unlawful clamped your car

 

1) the bailiff did not leave a notice of seizure of goods and inventory

2) the car has no value and would not cover bailiff fees removal fee storage fees and substantial portion of debt

[Vicki202]

so if its unlawfully clamped means me removing the first clamp i was not breaking the law i didnt touch the clmap i removed the whole wheel making sure i dd not touch the clamp

[hallowitch]

you should not have removed the clamp

however the bailiff should not have clamped the car

 

your council should not have sent the debt to bailiffs as you are classed as as a venerable debtor according to the national standards for enforcement agents

most council have signed up to

 

 

the Council tax arrears - good practise protocol

 

Launched on 1 July at the LGA annual conference, the document is highlighted in the Consumer White Paper published in July as an example of protecting vulnerable consumers

http://www.irrv.net/forums/alert/documents/BailiffsOutcomesProtocol.pdf

[hallowitch]

deductions for this could/should be deducted from benefits The Council Tax (Deductions from Income Support) Regulations 1993.

 

send a letter of formal complaint to the chief executive of your council by e-mail and recorded delivery letter

 

include in your letter the unlawful clamping no notice of seizure/car has no value

council crediting the wrong account

 

not taking your venerable situation into account before sending this debt to the bailiffs

the bailiffs unreasonable demands to £xxx in a few hours

the threat to remove a works van and stock

[Vicki202]

turns out there is no warrent its a liability order

[dx100uk]

turns out there is no warrent its a liability order

 

????

 

we knew that

its never a warrant for ctax

 

you/we needed to know the value of the LO.

 

dx

[Vicki202]

in total the bailiff wants 672.31 council wont discuss it with me ive just tried to speak to recover manager he said ring the bailiff company in a horid tone and put fone down on me