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

[Vicki202]

she will loose it by the ime i am finished i will be going back to the court she was certifed through and going ahead with the form 4 aswell as the assault charge

[hallowitch]

I'm pretty hacked off regarding them saying she came to observe me

 

 

she had absolutely no right to sit and observe you

a bailiff is there to levy distress and/ or collect payment NOT to sit and watch what you are doing

[letsdothis]

she will loose it by the ime i am finished i will be going back to the court she was certifed through and going ahead with the form 4 aswell as the assault charge

 

If she is convicted of assault, then she would automatically lose her licence I would have thought.

 

Play them at their own game, they don't care about you so why should you care about her or them?

 

Pay what you owe the council and then you have the security and peace of mind that the bailiff's can do no more to to you. Whatever they want to charge you would then be invalid, so they can say you owe them thousands, but they would have to prove that in court to have any chance of recovering it. You have already been shown on here that there is no waiting fee, and the other charges have been done wrongfully. They cannot win.

[Vicki202]

my account is on hold until august 21st so i have time to pay the 200 off which is what i intend to do i just wish the police would hurry up over this assault the 1 good things tho is that i have a witness and the police seen the bruising that it left to

[cosmicjade26]

just seen this post, i had a horrid time with bailiffs a while back but no where near this, and even tho i can't offer any advice, i wish you luck with however far you take this.

[Vicki202]

Thank you jade i intend to take it as far as i can as i belive with all this new budget there is going to be alot more people out of work now and unable to pay bills and i would like tothink highlighting all this will help others and stop them been bullied in the future

[Vicki202]

Police say chances are cps will throw assault case out window as its her word against mine as the witness is the father of my children he is not classed as a independat witness what was the point in that

[Vicki202]

Hi and here is an additional complaint for you to consider...

Just a tip: Mark the envelope 'private and confidential'. Councils have a habit of trying to avoid Formal Complaints...

Best wishes

Rae

 

only just seen this second formal complaint is it to late to send as i am still pushing as all matters have not been dealt with infact a fair few have been ignored ?

[cactuskid]

I posted this video in another thread but it seems more appropriate here because it is ROSSENDALES. They are trying to execute a distress warrant at my home which is 12 months out of date. I was given an absolute discharge for this debt back in 2005 so not quite sure what a particular council in Susex is trying to do. Their claim about the letting agent giving them details of the tenants turned out to be bull too

 

http://www.youtube.com/watch?v=2k5h_rfdVgc

 

Chris

[JonCris]

Bailiffs lie & they can't help it its in their genes

[Vicki202]

was great to see someone else put them on the spot well done chris and im sorry to hear about your mum x

[Vicki202]

I have written this to send of in email any views on it before i sent plz

 

 

Dear Mr ******

Due to my further letters I am writing to ask for further time to pay I would be grateful if you could hold my account until the 1st of September and on this date the account will be cleared. I am currently struggling with a lot of things and I am also caring for my nanna who is currently needing 24 hour care due to liver and lung cancer her last wish is that she wants to stay at home until the end of her life and as a family we are trying to carry out this wish she has a matter of weeks left and I would be grateful if you can give me the time I need to sort everything I need to I myself would like the debt cleared as much as you would and I also do not need the extra stress of this

 

Sincerely

[seanamarts]

I posted this video in another thread but it seems more appropriate here because it is ROSSENDALES. They are trying to execute a distress warrant at my home which is 12 months out of date. I was given an absolute discharge for this debt back in 2005 so not quite sure what a particular council in Susex is trying to do. Their claim about the letting agent giving them details of the tenants turned out to be bull too

 

http://www.youtube.com/watch?v=2k5h_rfdVgc

 

Chris

Good vid cactus kid and I am so sorry to hear about your mum, as soon as you told them that you were to be burying your mum they should have stopped there and then and left, just shows what heartless ba*****ds they are

This may put a smile on your face though and may give you a bit of a giggle, perhaps

http://www.facebook.com/topic.php?topic=160&post=363&uid=129595317055633#post363

[casbah]

hey everyone,

reading through this thread, I'd like your opinion on this;

Back on page 25, post 494,hallowitch has copied the Council Tax (Administrations & Enforcement Regulations 1192) etc, now it clearly states on there, fees for attending with a van " reasonable costs" so how can the bailiff company and the councils agree to the fee? surely this must be done on an individual basis?

[casbah]

Oooh I forgot to add this

Its from the Distress for Rent Rules 1988.

Now is it correct that only certificated bailiffs can collect council tax arrears?

If this is so then have a look at this

 

Forms of Certificate

3.—(1) A general certificate in Form 1 may be granted only by a Judge and shall authorise the bailiff named in it to levy at any place in England and Wales.

 

(2) A special certificate in Form 2 may be granted by a Judge or Registrar and shall authorise the person named in it to levy only in respect of the distress or distresses to which it applies.

And this;

Levy and Removal
12.—(1) Every bailiff levying a distress shall produce his certificate to the tenant if he is present or, in the absence of the tenant, to such other person present as appears to be in control of the premises.
 
(2) A bailiff levying distress shall deliver to the tenant, or leave on the premises where distress is levied, a memorandum in Form 7 identifying the bailiff and specifying in an Inventory the goods distrained on and setting out the amounts for which the distress is levied and the fees, charges and expenses authorised by these Rules and being actually and necessarily incurred under them.

(3) A bailiff or his agent attending to remove goods from the premises or withdrawing from possession prior to sale of the distrained goods shall deliver to the tenant or leave on the premises where distress is levied a memorandum in Form 9 setting out the expenses of removal authorised by and incurred under these Rules.

[dx100uk]

yes must be certified

check he is at the court

or there is a website.

 

dx

[Vicki202]

Morning guys and girls

 

Pleased to be saying bailiffs off my back for now lol i went into the council yesterday and paid the remainder of the balance on the liability order so now owe the council £0.00 now all im doing is waiting for the bailiffs to winge and want there unfair charges which they can go sing for lol. Would now be the time to do the form 4 to the court the assault is still under investigation with the police i have not herd anything since i made my statement the copper was honaste and said that he thouht cps would throw it out as it be my word against hers as my ex would not be classed as a independant witness

[JonCris]

Morning guys and girls

 

Pleased to be saying bailiffs off my back for now lol i went into the council yesterday and paid the remainder of the balance on the liability order so now owe the council £0.00 now all im doing is waiting for the bailiffs to winge and want there unfair charges which they can go sing for lol. Would now be the time to do the form 4 to the court the assault is still under investigation with the police i have not herd anything since i made my statement the copper was honaste and said that he thouht cps would throw it out as it be my word against hers as my ex would not be classed as a independant witness

 

Its nonsense that a spouse can't be a believable witness they can & often are particularly when there has been violence used

[Vicki202]

tell me about it i tried to argue that with the copper that was here he himself loved the fact i stood upto her he has no time for them he belives as we do that 99.9% of bailiffs are bullies and he says he would love to see more ppl stand upto them he was been truthful i suppose so i didnt build my hopes up but its been a while now since my statement was taken

[JonCris]

Insist the CPS make a decision within 6 months otherwise they'll say they can't bring a charge of common assault if 6 months has passed

[casbah]

Morning guys and girls

 

Pleased to be saying bailiffs off my back for now lol i went into the council yesterday and paid the remainder of the balance on the liability order so now owe the council £0.00 now all im doing is waiting for the bailiffs to winge and want there unfair charges which they can go sing for lol. Would now be the time to do the form 4 to the court the assault is still under investigation with the police i have not herd anything since i made my statement the copper was honaste and said that he thouht cps would throw it out as it be my word against hers as my ex would not be classed as a independant witness

 

 

What do you plan on saying on your form 4?

[Vicki202]

Oh thanx i will as i didnt no about that

[Vicki202]

Hiya guys need some confirmation

 

i paid in full what was owed on the liabilty oder off on wedensday and have the recipt saying nothing is owed to the council and have recived this by the bloke dealing with the formal complaint

 

I confirm that the payment of £ 220.00 made on 1 September 2010 has been allocated to the above Council Tax account. The previous email that I sent to you advised you that I had requested Rossendales to hold action to allow you to pay them in full. This payment should have included the costs (currently £ 212.50) that have been incurred by the bailiff as detailed in several of the letters that have been sent.

 

I have advised Rossendales to reduce the amount that they are collecting on our behalf. This does discharge the amount that we sent to Rossendales ( £ 331.81) in full. However tthe bailiff is entitled to recover the outstanding costs, they have been incurred legitimately as detailed in previous correspondence.

 

If you wish to avoid further action being taken by Rossendales I would advise that you contact them to arrange payment of these costs. If it is not possible for you to pay this amount in full, I can arrange for you to pay them off at a rate of £ 40.00 per month. If you wish to take this option up, please contact me within the next 7 days and I will arrange this with Rossendales. If payment in full or a suitable arrangement is not agreed with them, they will take further action to recover their costs.

 

Yours sincerely

 

 

can i just confirm if they want to take action they would have to take me to a small claims court and prove these costs are correct which we all no they are not

[IainDaddy]

Police have rang back statement is gonna be made on monday but it has all been logged as common assault looks like she will make a counter claim tho stating i stood on her foot

 

Police say chances are cps will throw assault case out window as its her word against mine as the witness is the father of my children he is not classed as a independat witness what was the point in that

 

Hi Vicki

 

This thread made interesting reading,

 

I don't know if this will help but my understanding of "Assault" has three levels under British law...

 

Common Assault - No discernible marks and is a civil matter and the CPS will not pursue this (Pushing, restraining or prodding), as you have bruising this is not the case.

Actual Bodily Harm (ABH) - Visible damage or marks but not requireing hospital treatment (bruises or grazing), as in your case and what you should be pushing for.

Grievous Bodily Harm (GBH) - An assault requiring hospital treatment, such as broken bones or stitches.

 

By classing the incident as "Common Assault" it will automatically be dropped as it is not a police matter and will not even be sent to the CPS. The CPS will write to you if they decide that they are not willing to persue the case, if you do not receive a letter from them then write and ask what is going on as they may not have even been informed of your case.

 

Me thinks the police are giving you the run around just to save having to do anything (and save on their budget). If they are telling you it is listed as common assault then you should push for it to be a case of ABH and therefore something the police HAVE to deal with. As this may also become a IPPC matter they will want to sweep it under the carpet and avoid any action.

 

If you do not get any help with the police it may be worth your while to take your assault case to the civil court and list the police officers involved as witnesses. Plus you now have a load of witness statements to support your case that have been taken by the police.

 

Just my 2d having had to deal with the courts and the police on numerous occasions.

 

All the best

 

ID

 

PS... been to court loads of times but never been convicted.

[Vicki202]

Thanx i think i might contact the inspector who is dealig with the complaint i had against the officers and tell him i want the charge to be changed from criminal assault to ABH they have pictures of the bruising and so do i and i am not going to let her get away with it thanx ID