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    • I have just received a non mol and the judge who signed it daughter works for the solicitors who applied for it and he also use to work for them I belive he was a partner in the practice  Is that not a conflict of interest? 
    • Hi, we had a council tax debt that was settled in full with our council back in July. However the bailiffs are continuing to pursue us for their fees.  We had an initial incident where the first bailiff had no ID and stated he was from the council and needed to inspect our house (council house). My partner let him in and he started listing items at which point my partner questioned who he was and he then told her he was from Rossendales reference outstanding council tax. After a discussion she set up a payment plan and he left. Things went on and we missed 1 payment, we rang them and explained and they said it was fine if we can pay double the following month to catch up. We agreed but before that date arrived we had a doorstep visit. It all became silly and stressful, i spoke with Rossendales who just were not interested and so rude its hard to not get agitated and stressed so I took out a loan and paid the council directly. I paid the entire debt with them. This did not include any bailiff fees. I logged an official complaint with Rossendales over the conduct.  It transpires that the bodycam from the initial visit was miraculously unavailable and also no complaint was logged by Rossendales, however there are notes on our account regarding the complaint!! With the virus etc I guess this has delayed their action but today I received a phone call saying I have to pay the council tax debt now or they will remove goods tomorrow. I tried to converse and explain what had happened and was shut down, the agent said he wasnt interested, either pay now or I'll visit tomorrow to remove goods, every time I tried to speak, he spoke over me so we got nowhere.    I'm at at a complete loss as to what to do, I cannot raise a complaint with them without evidence and they're not interested in anything other than causing stress and trying to obtain money or goods.   Please can anyone offer advice, do I just need to pay their fees, even with their conduct? Can they still charge fees for a settled debt? What if they do visit? What can they do and what can I do? 
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    • That looks good, you only need a short defence at this point.   You could stick a bit in about them inflating their claim to try to circumvent the small claims limit on legal fees and this is an abuse of process.   I've just read the thread from the start and am still not sure about your point (3).  Is it right that it was a hire car and only you were named as a possible driver?
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Hi,

 

I am currently staying at a friends house. And when I came back from work last week i found the house empty and 3 seperate lists detailing all the items that had been taken.

As I am a dj the majority of the stuff was from my room. I have heard that if i have receipts for my stuff i can get it back, but i only have receipts for some of it. No one was in the house when they gained entry through the back door that was left unlocked.

The reason for siezing the goods is unpaid council tax which is in the amount of £3000. However they have taken up to £15000 worth of goods. Furthermore to this they have damaged the house as there are shelves pulled off hinges, and the list does not reflect what they have taken. They have taken items and not listed them???

 

The items taken have been listed on seperate sheets for each room.

 

What can i do please help? Im desperate to get my stuff back.

Edited by tha_dizzle
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Hi,

 

I am currently staying at a friends house. And when I came back from work last week i found the house empty and 3 seperate lists detailing all the items that had been taken.

As I am a dj the majority of the stuff was from my room. I have heard that if i have receipts for my stuff i can get it back, but i only have receipts for some of it. No one was in the house when they gained entry through the back door that was left unlocked.

 

The items taken have been listed on seperate sheets for each room.

 

What can i do please help? Im desperate to get my stuff back.

 

From the little information provided it is difficult to provide advice. It could be that the goods removed are excessive.

 

Firstly, is this debt for unpiad council tax or for an unpaid parking ticket?

 

According to the COUNCIL how much is the debt?

 

What fees have been charged?

 

Have you checked to see whether the bailiff is certificated?

 

Merton Bailiff Services are the inhouse team of bailiffs working for Merton Council.

 

Also, what items have been taken?

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They have taken speakers, disco lights, 2 laptops, a pc tower, 2 lcd monitors, plasma tv, dj mixer, iphone, 2 blackberrys, ps3, 2 x psp consoles, a digital slr camera, a compact camera, 3 full boxes of vinyl records, that is just from my room. From the rest of the house they have taken 3 lcd tvs, toaster, sandwich grills, an iron, golf clubs, 2 watches, sunglasses, a rack of dvds, a hoover, signed football memorabilia, another ps3, and 2 bikes from the garden. They may be a few things missing off that list. The debt total is 3600 and its for unpaid council tax.

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They have taken speakers, disco lights, 2 laptops, a pc tower, 2 lcd monitors, plasma tv, dj mixer, iphone, 2 blackberrys, ps3, 2 x psp consoles, a digital slr camera, a compact camera, 3 full boxes of vinyl records, that is just from my room. From the rest of the house they have taken 3 lcd tvs, toaster, sandwich grills, an iron, golf clubs, 2 watches, sunglasses, a rack of dvds, a hoover, signed football memorabilia, another ps3, and 2 bikes from the garden. They may be a few things missing off that list. The debt total is 3600 and its for unpaid council tax.

 

Crumbs..they have clearly had a "field day" at your property !! I am assuming that you had left the property unlocked.

 

From the amount demanded I am assuming that you have not paid council tax for a very long time. Sadly, with the exception of the DJ equipment the items removed are NOT exempt. Do you have any proof that you can provide of your employment as this will be needed for you to make a claim that they are exempt as they are needed to "your use personally in the course of your business or employment"

 

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As the DJ gear belongs to a lodger, or temporary guest, not the debtor would a Statutory Declaration along with any receipts help prise the relevant goods from the bailiffs greedy claws TT?

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As the DJ gear belongs to a lodger, or temporary guest, not the debtor would a Statutory Declaration along with any receipts help prise the relevant goods from the bailiffs greedy claws TT?

 

Sorry, I was not reading the original post properly. Yes, Statutory Declaration is the correct route.

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I use them for private parties/cash in hand work djing isnt my career... so i doubt it. However I do have receipts for the majority of the equipment that are addressed to my parents house which is where im registered to live. I was just staying at the above premises on a temporary basis.

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Statutory Declaration For Goods Belonging to Someone Else

 

Bailiffs cannot seize goods belonging to someone else, but they are allowed to assume that anything in a property is yours, unless they are provided with proof such as receipts.

Failing this documentary proof. the third party can make a statutory declaration that certain named items belong to him and may not be seized.

This costs about £5 if sworn before a commissioner for oaths/solicitor who signs and stamps it.

Then you scan it, email it, fax it, post a hard copy recorded delivery. The bailiffs should then release these items from the levy.

STATUTORY DECLARATION

 

 

 

 

To:
(the bailiffs) (their address)

 

 

 

 

 

I
(your name)

 

 

 

of
(your address)

 

 

Do solemnly and sincerely declare that:

 

 

 

the items listed
(list them)

are not the property of
(your friends name)
and
(reason why they were there)
and have always been my sole property

 

 

And I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Statutory Declarations Act 1835 and Section 5 of The Perjury Act 1911.

 

 

 

Signature:

 

 

 

 

Declared at

 

 

 

On the day of two thousand and

 

 

 

Before me

 

 

 

 

A Commissioner for Oaths, or Notary Public/Justice of the Peace/Solicitor having the powers conferred on a Commissioner for Oaths

 

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You need to get it signed at a solicitor's get 1 original copy and 2 notarised copy's

send one to the bailiff firm (recorded delivery) and one to the local authority asking them to instruct there contractors (bailiff firm) to release your goods

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