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    • I'm still pondering/ trying to find docs re the above issue. Moving on - same saga; different issue I'm trying to understand what I can do: The lender/ mortgagee-in-possession has a claim v me for alleged debt. But the debt has only been incurred due to them failing to sell property in >5y. I'm fighting them on this.   I've been trying to get an order for sale for 2y.  I got it legally added into my counterclaim - but that will only be dealt with at trial.  This is really frustrating. The otherside's lawyers made an application to adjourn trial for a few more months - allegedly wanting to try sort some kind of settlement with me and to use the stay to sell.  At the hearing I asked Judge to expedite the order for sale. I pointed out they need a court-imposed deadline or this adjournment is just another time wasting tactic (with interest still accruing) as they have no buyer.  But the judge said he could legally only deal with the order at trial. The otherside don't want to be forced to sell the property.. Disclosure has presented so many emails which prove they want to keep it. I raised some points with the judge including misconduct of the receiver. The judge suggested I may have a separate claim against the receiver?   On this point - earlier paid-for lawyers said my counterclaim should be directed at the lender for interference with the receiver and the lender should be held responsible for the receiver's actions/ inactions.   I don't clearly understand that, but their legal advice was something to do with the role a receiver has acting as an agent for a borrower which makes it hard for a borrower to make a claim against a receiver ???.  However the judge's comment has got me thinking.  He made it clear the current claim is lender v me - it's not receiver v me.  Yet it is the receiver who is appointed to sell the property. (The receiver is mentioned/ involved in my counterclaim only from the lender collusion/ interference perspective).  So would I be able to make a separate application for an order for sale against the receiver?  Disclosure shows receiver has constantly rejected offers. He gave a contract to one buyer 4y ago. But colluded with the lender's lawyer to withdraw the contract after 2w to instead give it to the ceo of the lender (his own ltd co) (using same lawyer).  Emails show it was their joint strategy for lender/ ceo to keep the property.  The receiver didn't put the ceo under any pressure to exchange quickly.  After 1 month they all colluded again to follow a very destructive path - to gut the property.  My account was apparently switched into a "different fund" to "enable them to do works" (probably something to do with the ceo as he switched his ltd co accountant to in-house).   Interestingly the receiver told lender not to incur significant works costs and to hold interest.  The costs were huge (added to my account) and interest was not held.   The receiver rejected a good offer put forward by me 1.5y ago.  And he rejected a high offer 1y ago - to the dismay of the agent.  Would reasons like this be good enough to make a separate application to the court against the receiver for an order for sale ??  Or due to the main proceedings and/or the weird relationship a borrower has with a receiver I cannot ?
    • so a new powerless B2B debt DCA set up less than a month ago with a 99% success rate... operating on a NWNF basis , but charging £30 to set up your use of them. that's gonna last 5mins.... = SPAMMERS AND SCAMMERS. a DCA is NOT a BAILIFF and have  ZERO legal powers on ANY debt - no matter WHAT its type. dx      
    • Migrants are caught in China's manufacturing battles with the West, as Beijing tries to save its economy.View the full article
    • You could send an SAR to DCbl on the pretext that you are going for a breach of your GDPR . They should then send the purported letter of discontinuance which may show why it ended up in Gloucester and see if you can get your  costs back on the day. It obviously won't be much but  at least perhaps a small recompense for your wasted day. Not exactly wasted since you had a great win  albeit much sweeter if you had beat them in Court. But a win is a win so well done. We will miss you as it has been almost two years since you first started out on this mission. { I would n't be surprised if the wrong Court was down to DCBL}. I see you said "till the next time" but I am guessing you will be avoiding private patrolled car parks for a while.🙂
    • It is extremely disappointing that you haven't told us anything about the result of the hearing. You came here at the very last minute and the regulars - all unpaid volunteers - sweated blood trying to get an acceptable Witness Statement prepared in an extremely short time. The least you could have done is tell us how the hearing went, information invaluable for future users. Evidently not.
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Bailiff coming tomorrow with additional charges in excess of 200 pounds. Please help.


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I have a council tax bill which has been passed on to the bailiffs and which I have been unsuccessful in having withdrawn.

 

I accept my liability for the CT bill, but not it's 'bailiff status'. After negotiations with the bailiff assigned to my case (From Equita), I was told that my bill has roughly been doubled from the original 234 quid, because of the two letters sent by Equita. I know that at least one visit has also been made to my house, so I expect to be charged something for that. I have just done a little research however, and the fees I have been quoted sound totally unreasonable and perhaps illegal?

 

Tomorrow morning I will try once more to prove to Lambeth council that the liability order has wrongly been passed onto the bailiffs, but I am not confident that I'll succeed in getting them to contact Equita.

 

The bailiff will call between 12 and 1pm. I agreed to pay his quote at that time, during a telephone conversation today. Now I am wondering what my rights are? If I question his quote, will he force his way in and start taking goods to cover it anyway? How can I rightfully challenge this amount quoted?

 

Please help me, as I am in urgent need of advice.

Thankyou

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First of all, if they havent levied on anything they can only charge £24.50 for a first visit, £18.00 for a second visit. They cannot charge for letters sent to you. So i would confirm with the council how much the liability order is for. Then if you are able to, i would pay the whole ammount of the liability order to the council.

 

Its up to you if you pay the bailiff fees or not, but in fairness if they have visited then the fees i have mentioned are legal.

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Thanks a lot for the info Yoshiro. What do you mean by, "if they haven't levied on anything"?

 

I am shocked that bailiffs appear to have total freedom to charge what they please. They are a legitimate business like any other. No other business would attempt to charge roughly 8 times the legal value of their work.

 

It is the people who are least able to pay that suffer the most extortionate scams. It is disgusting.

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A levy is made where they come to your property and take an inventory of items - the other part of is it is a walking possession order, but if they havent been in your house then the most you owe in charges is for the 2 visits (if they have made 2), but i would pay the council directly using their online system.

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"no bailiff please" - if you can, get the first 2 letters sent by equita and take them to the council - they post 2 letters and add the 1st and 2nd fees and dont do a visit. the council will have to tell them to remove the fees. if the council knew this was happening they would not be happy with them, they cant charge unless visiting. they do this on every file they have. really dodgy way of doing it

None of the beliefs held by "Freemen on the land" have ever been supported by any judgments or verdicts in any criminal or civil court cases.

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If they have not already been in your house then DONT let them in, they cannot force their way in to your property, and they cannot break in.

If you have a car I suggest you hide it so they do not levy on that, as soon as they do they will charge you for it and you wont know until you request a break down of their fees, even though they are meant to inform you but many do not. Find out how much the liability order is and pay it to the council along with the visit fees. You dont have to deal with bailiffs, you dont have to even talk to them. They may threaten with alsorts if you dont comply but it is a ruse. As long as you dont let them in and they have not levied on anything there isnt much they can do.

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After an unsuccessful visit to the Council office, where apparently nobody with more authority than a customer service representative works anymore, I called up my bailiff and got into an argument.

 

Told him that I knew my rights and what they were and that I would take him to court if he charged me a penny more than the standard 42.50.

 

He went from Phil Mitchell to Billy mitchell just like that and conceded.

Goes to show that they will try anything-don't stand for it.

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After an unsuccessful visit to the Council office, where apparently nobody with more authority than a customer service representative works anymore, I called up my bailiff and got into an argument.

 

Told him that I knew my rights and what they were and that I would take him to court if he charged me a penny more than the standard 42.50.

 

He went from Phil Mitchell to Billy mitchell just like that and conceded.

Goes to show that they will try anything-don't stand for it.

just be on your guard, they are crafty barstewards. he may still come round and try to levy.

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just be on your guard, they are crafty barstewards. he may still come round and try to levy.

 

Yeah, after speaking to him on the phone and then notifying him once I had transferred the total we agreed to the account details he gave me, I found another Removals notice delivered by hand when I got home.

 

This is a violation of my civil rights according to all of the information I have been able to source.

 

So if it continues and somehow the bailiff gains entry to my flat and removes goods, then what chances do I have of getting free legal assistance in a) recovering my losses, and b) prosecuting the bailiff?

 

If he breaks the law in one way, why shouldn't he do it in another way too and break into my flat?

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he wont break into your house thats one thing they wont do

 

if you have paid the council tax liability and £42.50 bailiff fees there should be no further correspondence from the bailiffs

If there is formal complaint to the chief of executive of your council

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he wont break into your house thats one thing they wont do

 

if you have paid the council tax liability and £42.50 bailiff fees there should be no further correspondence from the bailiffs

If there is formal complaint to the chief of executive of your council

 

Okay, yeah it makes sense.

 

Brain says relax. Heart says "under threat!"

Goddamn bailiffs really mess with your basic sense of security. Unarmed racketeers kinda...

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Send the copy of the latest notice together with a terse letter to your local council, pointing out that you had paid the bailiff as instructed and therefore this is further evidence of their intended overcharging practices.

 

If they do turn up again get the police onto them for fraud.

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