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#bailiffs : bailiff coming to clear goods, help please


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Hi everyone

 

Just to update. The bailiff didn't turn up on Tuesday and haven't heard anything from him or the council so I assume that everything is going to be fine, who knows, but I'll keep updating as soon as I have any news. thanks for your help

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sorry to jump in on this thread but im wondering if some kind soul could give me advise... to cut a long story short link have a default judgment and i have a ccg for an old abbey national debt in 2002. to be honest ive buried my head in the sand with this due to depression. marriage broken down etc. im a singe mum to 4 on income support on medication for depression high blood pressure and asthmatic..the monthly amount 291.77 which no way i can pay got a letter the other day notice of warrant of execution whatever that is saying bailiff is visiting if not paid by 5th may...im not bothered they can take what they like as i have nothing of value.. infact im at rock bottom the only thing stressing me is my brother has loaned my 13 year old daughter a computer as her laptop broke... this is for her schoolwork and he wants it back as soon as i can afford to get her laptop fixed.. any advise i would be gratefull for

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Hi there, you can apply to the court on an N245 form to have the warrant suspended and pay a reduced amount each month that you can afford. Normally there is a fee of £35 to pay when you put the form in, but if you are on benefits then you will most likely be exempt.

 

I have affixed an N244 form and also the court fees leaflet so you can see if you are exempt. If you need help filling in the form, let me know. Could you take it along to the court before the 5th ?

 

How much was the CCJ for and what date was it ?

EX160.pdf

ex160a court fees.pdf

n245_0204.pdf

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Hello again

 

well, I've received a letter today from R&C. Im going to copy here what it says omitting names.

 

"Our Bailiff Mr G made an initial visit to your property on 15 march at 10:08 and a second visit on 16 march at 14:47. The first visit incurred a fee of £24.50 and the second visit incurred a fee of £18.

 

On 19 april our enforcement bailiff Mr R attended your property at 11:39. At this time Mr R levied on your vehicle in order to secure the debt for our Client , XXXX District Council. A levy fee and an attendance fee were added to your account at the time of this visit

 

A breakdown of charges is as follows:

 

21/02 debt 138.42

15/03 Visit 1 24.50

16/03 visit 2 18.00

19/04 Attendance fee 150

19/04 Levy fee 27 "

 

This is all very weird as I haven't got any notice of any previous visits, no letters or else. another one he said he levied on my car. How does he know which one is my car I didn't drive it that day and is now parked 2 streets away from my flat.

 

I have settled my debt with the council already. Is there anything else I can do??

 

 

PS: I have been working only weekends for the past 4 months so I spend most mornings at home up until 16:00 and I don't recall any bailiff knocking on my door on the 15/03 or 16/03 and I have no letters from them. Could this be a dirty trick to try to get more money off me???

Edited by surtinerfe
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Put them to strict proof of their attendance and remind them of the National Standards for Enforcement that state:

Enforcement agents will on each and every occasion when a visit is made to a debtor's property which incurs a fee for the debtor, leave a notice detailing the fees charged to date, including the one for that visit, and the fees which will be incurred if further action becomes necessary. If a written request is made an itemised account of fees will be provided.

They will argue that these Standards are only guidelines and not Law but I do imagine both Bailiffs and Council have said they will abide by them.

 

As regards the "alleged" levy then Regulation 45 Para 5 of the CT Regs states:

(5) The person levying distress on behalf of an authority shall carry with him the written authorisation of the authority, which he shall show to the debtor if so requested; and he shall hand to the debtor or leave at the premises where the distress is levied a copy of this regulation and Schedule 5 and a memorandum setting out the appropriate amount, and shall hand to the debtor a copy of any close or walking possession agreement entered into.

If you have had no Notice of Seizure and remember this was when you opened the door to him then I would argue they have no levy but have made these fees up because you paid in full 2 days later. Even if they have made a levy I suspect it will have been any car parked near your home not necessarily your own. very suspect they do not mention it specifically.

 

PT

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Also when push comes to shove they can't charge a levy fee and an attendance fee at the same time.

 

PT

 

Thanks for your advice again ploddertom. I have emailed them requesting proof of attendance, I haven't got a reply yet.

 

I have received a reply from the council revenues and benefits officer today which says:

 

Dear Mr XXX

 

I have advised our bailiffs Rundle & Co that you have made full payment to clear the balance on the account. The payment made has put the account into credit by £26.06. This amount will be passed over to Rundle and Co to reduce the fees outstanding with them. You will need to contact Rundle and Co in order to make an arrangement with them in order to clear the remaining balance of fees outstanding with them.

 

Yours sincerely

 

Mr XXX

Revenues and Benefits Officer

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I can't believe the audacity of this company.

 

They actually state in writing (yet again) that they levy and attend to remove at the same time!

 

Yet again we must ask: if the goods were there to effect a levy, and the bailiffs were equipped and intending to remove....

 

why are the goods still there?

 

Answers on a postcard please.

 

You owe: £24.50 first visit + £27 levy fee - £26.06 credit = £25.54

 

I'd pay that ASAP or they can come back and add the attending to remove fee.

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I can't believe the audacity of this company.

 

They actually state in writing (yet again) that they levy and attend to remove at the same time!

 

Yet again we must ask: if the goods were there to effect a levy, and the bailiffs were equipped and intending to remove....

 

why are the goods still there?

 

Answers on a postcard please.

 

You owe: £24.50 first visit + £27 levy fee - £26.06 credit = £25.54

 

I'd pay that ASAP or they can come back and add the attending to remove fee.

 

 

How do I know they are not bluffing about the levy?? I don't really want to pay more than I should. It's been quite a few weeks already and they haven't done anything not even replied to the email I sent questioning their chargers.

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send Rundle & Co an e-mail tell them you will pay all lawful fees due when they provide proof of attendance regarding 1st&2nd visit fees this being a screenshot of your account and a copy of the notice seizure you will not however be paying the attendance fee as there is no provision under regulation 45 schedule 5 of The Council Tax (Administration and Enforcement Regulations )1992(Amended) for such a fee

 

Also send a copy of your e-mail to

Mr XXX

Revenues and Benefits Officer

Edited by hallowitch
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What's written on the liability order the Council obtained is all you owe. Not a penny more. If the Council has settled it will be for that amount. The rest are fees the bailiff can ask for but which he does not have any court authority or court document to collect.

 

He's miffed because you went to the Council and paid direct - thus cutting him out and depriving him of the commission that he thinks he should have.

 

Take no notice of anything he says in future and he if he does comes round, just stare coldly at him through the window. That way he will know that his intimidation has failed. Without that he has nothing

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I would still video him if he visits in case he tries to clamp a car or levy for his fees alone, which he cannot legally do.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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I would also keep your car well away from your property in the meantime it wont be the first bailiff to drive by a property and pick a car to levy and they may be lucky and see you getting in or out of yours

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It might be worth you asking what they belive to have levied on as they said they had ;levied on my car but had right car just wrote down wrong reg so therefore the levy was not a lawful one

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hello everyone

 

I've got a reply from R&C by post today which says as follow:

 

" On reviewing your account we are satisfied that the charges applied to your account and the information contained in our letter to you dated 4 may 2011 are correct.

 

Our bailiff levied in good faith on a vehicle he believed to be yours.

 

However, as the outstanding debt has been paid in full to our client XXX District Council I have as a gesture of goodwill removed the bailiff charges from your account and I can confirm this is now paid in full and you will receive nothing further from us in relation to this matter.

 

I trust this clarifies our position

 

Yours sincerely

 

blablablabla"

 

So I guess that I can say that the case is closed!!!.

 

guys you are incredible I can't thank you enough for all the support and help you've given me, really pleased.

 

ps: Is there anyway I could make a donation to the forum?

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Very pleased to hear you have had a result. Sounds as if what should have been written was:

S**t caught out again better say the usual - goddwill etc

 

If they did it right in the first place then this would not have happened.

 

PT

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well done another result for CAG

there used to be a link to make a donation but i don't see it if you click on the triangle and ask site team they will help you

 

 

 

S**t caught out again better say the usual - goddwill etc

 

your right there PT

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definitely CAG power. they should close the citizens advice centre in my town as the only thing they did was to send me a link and told me to read through and that my best bet was to pay in full

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