Help!!! The bailiff has broken into my back garden

[fork-it]

Just a thought. Is the car on the road or on your property?

 

Smart thinking batman.

 

I was thinking of the Statute of Marlborough as well

[fork-it]

can someone just let me know whether I myself can make an application to a court for this hideous behaviour.

 

Yes, but its not reliable, and does not provide for reclaiming unlawful losses.

 

You will have a greater success by using the small claims track naming both the Council and bailiffs as joint defendants. The council is liable for the bailiffs action. You claim unlawful deprivation of your goods under a pretence you have signed a walking possession agreeement. You can also reclaim the fees as the law does not provide for them.

[reallyhardup]

my car is a renault megane 2002 probably worth £1,000 ish. I live in a barratt style house in a cul-de-sac and we all have an allocated parking space directly outside each house marked with a white line.

 

I obviously cannot go to College tomorrow nor can I do the temp job lined up for next week because I can't afford to rent a car unless its really cheap - I'm looking into it. My children will not be able to go to school tomorrow either and I don't know many parents who I could ask, let alone give them the reason why. As mentioned earlier, we're rural and there's no such thing as a bus round here. In other words, Waverley Borough Council have really buggered me up.

[caro]

Do you think the parking space is on private land or a public road?

 

I'm sure others are much better informed than me to help, but it just may add a bit to your case if they try and take your car from private property.

[night-watchman]

Keep any receipts you get for having to use alternative transport and also log any earnings you will lose due to it. The clamping is illegal and you hve a right to claim compensation.

[newstarter]

Hi reallyhardup well you have had a day to forget i have followed your thread this afternoon with intrest and as usual there has been some sound advice by the experts,non of which is going to do you much good at the moment.The problem here is that bailiffs are a law unto themselves if you let them be,i have come into contact with at least a dozen and they could all be tarred with the same brush.Bailiff companies are like no other debt collection agency or financial company and to deal with them you need to fight fire with fire you need to adopt their mentality.They have found what they believe to be a soft target and to charge you 900 for a 250 bill is in my book extortion.No doubt you will be advised on the right and proper way to deal with this situation and we all have our opinions but most bailiffs do not deal in a right and proper way.I shall watch this thread and give you some advice later.

[fork-it]

The parking space is private land. Statute of Marlborough only applies to goods being levied while they are in a public place.

 

The only route around this is telephone the council and ask what amount is outstanding on the Liability order. Pay that amount online and print the receipt as proof. Hand it to the bailiff and ask him to remove the clamp on the grounds he has been caught cheating you of £500 by pretending he can charge you fees and you will make a complaint against to the LGO under Section 2 of the Fraud Act 2006.

 

Escalate your complaint quickly until you reach the Local Government Ombudsman.

 

Dont quote me on the following because I have not had a lawyer confirm it. I came accross someone in a similar position to you, he was clamped for unpaid council tax, he removed the clamp by removing the wheel nuts then removed the lower track-control arm and slide the chains out from around the wheel. Police were called when the bailiff wanted his wheelclamp back and he contended he claimed it as abandoned goods on his land when the bailiff refused to take it away. The police accepted the clamping was unlawful because it didnt allow him the owner the use of the vehicle - which is allowed when it is listed on a signed walking possession agreement.

[newstarter]

Right what has happened to you has happened to me twice!,as i said earlier you are dealing with people who do not look for soloutions,just make demands and usually demands you could never afford.The councils do not listen as you have already found out,all these people are concerned with is maximising charges for themselves,it is in fact a cruel and heartless business and these people thrive on it.So here,s what i would do if i were you.Cut out the bailiffs completely and pay the money you owe to the council through their on line payment system.Im not so sure they will be back just like that they usually like to keep you sweating for a day or so,when the bailiffs clamped my car it was 5 days before said bailiffs arrived back to check if it was still clamped.Second thing inform the council and the bailiff company you have paid the bill on line and the car needs to be unclamped, edited,this car is your lifeline (thats why its been clamped).Twice my car has been clamped for unpaid council tax and twice i have removed it.I know people say you must go through the proper channels and deal with this in the proper manner but bailiffs dont.

 

When they do turn up and threaten you with the police arguing that you have committed a crime just politely inform them that the debt is paid and a levy for fees associated with the collection of the arrears is also a big no no,they would have to go back to court for a n order for fees and believe me they wont do that,not with the charges they have added,just add also that a complaint to their boss and the potential form four complaint would make life as difficult for them as they are making it for you.Oh and one more thing,a peice of advice the police gave me one time after my second spot of bother from these clowns,register the car in someone elses name in case there is any other arrears you may not be aware of or has slipped your mind,a statutory declaration also comes to mind here.You see where iam going here,tie up all your loose ends ,do not give an inch,leave these thugs with no avenue to which they can claim your property or your car

Edited January 26, 2011 by IdaInFife
we cannot condone this

[lordsugar]

Hi I have only just caught up with your posting If i repeat any information you have been given please excuse me ...

 

Firstlt lets deal with the fees. For the first and second visit you can only be charged a maximum of £42.50 the levy fee will be a % of the debt owed I can calculate this if you need me to. Having levied they can charge reasonable costs and fees incurred for a visit with a view to remove this shouuld be in the region of £160.

Any other fees are illegal.

 

The vehicle can be levied clamped and removed no matter where it is.

If you remove the clamp you are technically interferring with good seized but it is unlikely they will take further action.However if you cut the clamp off you commit the act of criminal damage and arrestable an ofence.

 

As advised pay the council direct in cash at their office or on the internet then notify the bailffs office. Make a written complaint to the council and the bailiff company you can also complain to A.C.E.A.org the governing and ruling body for bailiff companies.Form 4 shouuld only be used in extreme circumstances once all othe avenues have been exhausted.

 

You can check the bailiff on the HMCIs site its not that up to date but will give you an idea as to whether the bailiff is certificated or not. To collect council tax he must be by law.

 

Hope this helps.

[reallyhardup]

Dear friends,

 

Firstly, I've written a letter to the council re charges etc., - one of the bailiffs is certified and the other doesn't appear to be on the list. Please see the letter and tell me if I should change any of it - I won't send until last post today.

 

Secondly, AND YOU MAY NOT BELIEVE THIS!!!! The bailiff DIDN'T properly clamp my car!!!!! How did I find out, you might ask. Well my 13 year old boy discovered it as he went to investigate the car this morning... he came running in saying "mum, mum, it's come off, all you have to do is reverse the car". Fearful, I did this and I've parked it away somewhere and walked back. We've thrown the clamp away behind the bins, is that OK? The clamp is undamaged and perfectly in tact!

 

here is my letter which I hope will bring closure to those rotten b'stards - THANK YOU SO VERY MUCH FOLKS FOR YOUR HELP, you saved my life....

 

I refer to my letter of 24th January and note that despite the above council tax bill being paid in full, your bailiffs have returned, clamped my car saying they will return on 27th with tow truck. The bill now stands at £866.19.

 

This bill has been paid so please ask your bailiffs to remove the clamp. You are unlawfully depriving me of goods under the pretence that I have signed an agreement for walking possession which I have not.

 

In the meantime can you please provide me with a breakdown of the legitimate charges, namely those which under statute can be charged.

 

This includes:

1 The time & date of any bailiff action that incurred a fee.

2 The reason for the fee.

3 The full names of the bailiffs that attended on each occasion a fee was charged.

I notice that your Mr O’Neill is not on a list of certified bailiffs.

4 The names of the Courts the bailiffs were certificated at.

5. 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.

 

 

Finally, please remind both of your bailiffs, Mr O’Neill and Mr T Cooper from Alexander’s that although I am classed as a vulnerable person being a single parent with children I am no soft spot for their bully-boy tactics. "

[ploddertom]

You leave the clamp where it was fitted and advise they may come to collect it at a suitable time. Do not hide it. If they have not fitted it correctly then that is their problem.

 

PT

[night-watchman]

I would also advise you take several photographs (to show the whole clamp) to prove it was not damaged - also note any serial numbers or distinguishing marks. Inform them where it is and you will not be held responsible for any loss or damage incurred whilst they do not pick it up.

You can either inform them you have taken photographs OR surprise them if they say it was damaged.

[ Personally I would do option 2 - hehehe ]

Edited January 26, 2011 by night-watchman
early morning typos :)

[ploddertom]

I refer to my letter of 24th January and note that despite the above council tax bill being paid in full, your bailiffs have returned, clamped my car saying they will return on 27th with tow truck. The bill now stands at £866.19. - remove this bit, let's see if they can add up.

 

This bill has been paid so please ask your bailiffs to remove the clamp. You are unlawfully depriving me of goods under the pretence that I have signed an agreement for walking possession which I have not. - as you have removed the clamp lawfully I'd remove this paragraph

 

In the meantime can you please provide me with a breakdown of the legitimate charges, namely those which under statute can be charged.

This includes:

1 The time & date of any bailiff action that incurred a fee.

2 The reason for the fee.

3 The full names of the bailiffs that attended on each occasion a fee was charged.

I notice that your Mr XXXX - remove the names from your post - is not on a list of certified bailiffs.

4 The names of the Courts the bailiffs were certificated at.

5. 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.

 

Finally, please remind both of your bailiffs, XXXXXXXXXX - remove the names from your post - from Alexander’s that although I am classed as a vulnerable person being a single parent with children I am no soft spot for their bully-boy tactics. - red rag to a bull comes to mind

 

PT

[reallyhardup]

Thanks, I've amended the letter, in fact taken out the paragraph about being vulnerable.

 

Thank you so very much all of you for your advice.

[farcedirect]

Here is Paul Burstow's e-mail address:

 

[email protected]

[night-watchman]

Thanks, I've amended the letter, in fact taken out the paragraph about being vulnerable.

 

Thank you so very much all of you for your advice.

 

I think PT was referring to the text in blue not the rest.

[farcedirect]

And here is the Chief Executive of Waverley Borough Council, Mary Orton:

 

[email protected]

 

Tel: 01483 523208

Mobile: 07875 109593

 

[reallyhardup]

Oh buggar, I deleted the last paragraph and have already sent it off. I've addressed the letter to Mary Orton.

 

As regards Paul Birstow, he's not in my constituency so I don't think he'll be the right person?

However, I've found out my local LibDem MP here in Liphook, Hampshire where I currently live so will see if he can take over especially with the fees.

 

The council officer concerned simply doesn't give a hoot and I've found out that both the bailiff and council interact with each other - the council officer was once a bailiff himself. Also, one of the bailiffs who came round last time is not registered as certified.

 

No one came round today to tow the car and in any event the car has been transported elsewhere - the clamp is placed within sight leaning on our fence. I have not informed the bailiff. Why should I. I've been pretty upset by the whole scenario.

 

I wonder what would have happened if I sat in the car whilst they wanted to tow it away?

[caro]

Gosh you sound like a different woman to the one posting yesterday. Well done, and I'm glad you managed to use your car and move it out of the way.

 

Congrats to you and those who've helped you.

[sillygirl1]

Paul Burstow is the MP for Sutton, he would be very interested in how a company based in the area is operating in ways which bring the area into disrepute.... their address is a dead giveaway to me, it is well known for 'fly by night; companies.

[night-watchman]

Agree with you there caro, just shows how much CAG can help those that are in desperation. Well done reallyhardup, be proud of yourself

[reallyhardup]

OK, well I'll write Paul a letter and see what happens.

 

The reason I probably sound like a different woman to yesterday is because I suddenly feel like I have support - it really is hell when you're on your own, I mean, really on your own - we have no family, OK we have family but they've never paid any attention, we move so often (1 year ASTs you see, not to mention 7 schools because of it) we never make friends and basilcally I am on my own..... just a little support from the likes of you guys goes a really long way...... we all feel very uplifted because of today and my son has even practised and done his geography.... thanks.

[ploddertom]

 

The council officer concerned simply doesn't give a hoot and I've found out that both the bailiff and council interact with each other - the council officer was once a bailiff himself. Also, one of the bailiffs who came round last time is not registered as certified. In that case you need to ring the MOJ and ask them, the online register is not 100% accurate 0207 210 0516

 

No one came round today to tow the car and in any event the car has been transported elsewhere - the clamp is placed within sight leaning on our fence. I have not informed the bailiff. Why should I. I've been pretty upset by the whole scenario.

 

I wonder what would have happened if I sat in the car whilst they wanted to tow it away? Unfortunately they would call the Police and you could have been arrested.

 

PT

[brassnecked]

Agree with you there caro, just shows how much CAG can help those that are in desperation. Well done reallyhardup, be proud of yourself

 

 

make that a ditto from me. BTW to find who your elected representatives are you can always go to http://www.writetothem.com where you can enter your postcode to find their details and write to them directly.

[reallyhardup]

i was just sitting down at my computer when I turned round and the bailiff was standing at the glass door - he'd obviously broken the back door locks to get in - he says he's got a court order!!! you will remember that I put the clamp against the wall outside my house because it hadn't been locked onto the car in any event - he looked really fierce and waved his court order - the car is elsewhere - can he break in? i said i would call the police and he said to go on then - i've closed the curtains - i'm obviously back to panic mode and desperately trying to calm down -

 

can someone tell me what to do? should I ignore him ; will he go away ; what can happen - can the police let him in? please, please advise me as he's outside in my driveway in a white van. I'm desperate again.