Wording on a levy

[autumn_blaze]

Hi everyone,

 

I was hoping someone may be able to advise on a levy please.

To cut a long story short, we owe rent from a previous property that we lived in, it was a private landlord.

The landlord went to court to get a warrant of execution and has put it in the hands of a bailiff company.

 

Basically this bailiff has put a levy through my door with my neighbours van written on it (his van is parked on the street) and ont the levy next to the van has written the words "any/all other assets"

Are they allowed to write that? I thought they had to list individual items?

This bailiff has never been into my property and never will be. I am neurotic about keeping the doors/windows shut and locked.

I have rung him to inform him that I do not own the van and have urged him to check this with the DVLA, I have emailed the company with my offer of repayment and am awaiting a reply.

 

So two questions really, can they write what they did on the levy? And are they allowed to levy the same debt twice?

Any advice on this would be very much appreciated.

[hallowitch]

yes the bailiff could levy again for the debt you should have also complained to the council about the unlawful levy

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?262730-Has-a-bailiff-quot-levied-quot-upon-a-car-that-is-NOT-owned-by-you-...-LOCAL-GOVERNMENT-OMBUDSMAN-S-Report-!!!!

 

the bailiff must list the goods levied

 

 

Irregular Distress (levy) by Bailiffs

With thanks to Tomtubby

[edit]MRS AMBROSE v NOTTINHGAM CITY COUNCIL

 

As important as the above is, the Judge also agreed that the wording on the Walking Possession was deficient in that the reference to “all other goods on the premises unless exempt” did not specify what those other goods were, and which ones were exempt. The Judge agreed that the levy was also irregular for this reason.

[autumn_blaze]

Thanks for that, should I complain to the court? The debt is for rent on a private rented house, it wasn't a council house.

Not really sure where to go with this.

When I spoke to the bailiff to offer him an amount each week, he told me to email the offer to the office but they wouldn't take it.

Should I just ignore them until they send it back and then deal with the company directly?

[fork-it]

If this is private landlord rent then the levy is not valid because the levied goods arent yours.

 

Section 12 of the Distress for Rent Rules 1988 http://www.legislation.gov.uk/uksi/1988/2050/article/12/made

 

If rent is genuinely owed, then speak to the landlord, you can set a repayment plan.

[tomtubby]

Hi everyone,

 

I was hoping someone may be able to advise on a levy please.

To cut a long story short, we owe rent from a previous property that we lived in, it was a private landlord.

The landlord went to court to get a warrant of execution and has put it in the hands of a bailiff company.

 

Basically this bailiff has put a levy through my door with my neighbours van written on it (his van is parked on the street) and ont the levy next to the van has written the words "any/all other assets"

Are they allowed to write that? I thought they had to list individual items?

This bailiff has never been into my property and never will be. I am neurotic about keeping the doors/windows shut and locked.

I have rung him to inform him that I do not own the van and have urged him to check this with the DVLA, I have emailed the company with my offer of repayment and am awaiting a reply.

 

So two questions really, can they write what they did on the levy? And are they allowed to levy the same debt twice?

Any advice on this would be very much appreciated.

 

If you look in the STICKY section you will see that I have posted a STICKY regarding a levy being made against a car that is not owned by you.

 

Which bailiff company is this?

[fork-it]

If a bailiffs has levied on goods not belonging to the debtor, then the debtor doesnt need to do anything. Its the bailiffs problem and he is responsible for compensating the owner for replacing the goods paid from his Bailiff Certificate Bond or indemnity deposit.

 

I had a tenant who had her car nicked for a neighbours debt. Police said it was a civil matter and it got very messy once the lawyers on all sides jumped on. It was the bailiff certificate deposit that ended up paying for it all.