Bailiffs acting unreasonable (Where have they gone wrong?)

[Timsta]

We had some council tax liability orders and the council wouldn't accept out payment arrangement. We paid them anyway by bank transfer, however they still set the bailiffs on us.

Not happy with the way the bailiffs acted, the CT has now been fully paid off and I'm after the bailiffs. Can anyone point out where they have made errors? I know some fees are wrong, and I can sort that, I'm looking more at the procedural errors. (I have bolded what I think is out of order.)

 

Following is a bulleted list of what happened:

 

• Were paying £30 to council per week. (on average 130/month)
  
• Bailiff stuck first visit letter through door without knocking.
  
• Phoned bailiff offering same amount we were already paying the council.
  
• He told us he needed to come around as he had to do paperwork for the agreement
  
• Once here I was told that a judge had ordered that no payment arrangement could be made without first levying on goods. I believe this was a lie. Basically, he wanted to come around to levy, not to "fill in the paperwork."
  
• I wasn't prepared to allow him to levy on any thing of value, so as he wouldn't agree to any arrangement without levying, I offered my car.
  
• I told the bailiff that I was due to sell the car. He said that was acceptable, as long as the money was used to pay off the debt.
  
• The bailiff told me I was to pay £120 per month, which is less than I was paying against the debt.
  
• I was told to pay this amount until I had been informed that the debt was clear.
  
• We paid on time every month.
  
• Some months later we scrapped the car and paid the bailiff the proceeds.
  
• This month we called the council to enquire as to the amount outstanding. We were told that the outstanding amount was £10.04, which we paid the council immediately.
  
• We then stopped paying the bailiff, as the debt had been cleared. I wasn't prepared to pay £120 against no debt.
  
• This week later the bailiff posted a letter through the door without knocking. He added a £70 visit fee to the account.
  
• He then rang my mobile, which my wife answered. She informed him that we believed that the account was clear.
  
• He informed her that there was still £64.04 to pay, and it was levied against the car.
  
• He then said that if we didn't have the car then we she had broken the law and he would arrange for an arrest warrant that day and be around that night with the police to have her arrested.
  
• My wife has sent him a text after speaking to bailiff advice telling him that, due to his actions, we will only deal with the bailiff company, and not to contact us again.
  
• He texted back saying that we have to deal with him.
  

I will be claiming back the unlawful charges, for a start...

 

Thanks in advance.

Timsta

[ploddertom]

Where Bailiffs have gone wrong - breathing perhaps.

 

PT

[brassnecked]

Where you went wrong Timsta was dealing with Mr Fur Illigitimi ( latin for illigitimate thief) there is nothing in law to say you have to deal with a bailiff, and by letting him levy your car you let let a money vampire Count Ripyouoff into your life. Others more knowledgeable will be able to pinpoint what your best course of action is, but if you had not let the bailiff levy your car and kept him out the most he could have got was £42.50 for first and second visit fees, that's not to say all is lost, as he has likely added some dodgy additional fees that can be recouped. you will have to wait for the breakdown to check on this.

[ploddertom]

We had some council tax liability orders and the council wouldn't accept out payment arrangement. We paid them anyway by bank transfer, however they still set the bailiffs on us.

Not happy with the way the bailiffs acted, the CT has now been fully paid off and I'm after the bailiffs. Can anyone point out where they have made errors? I know some fees are wrong, and I can sort that, I'm looking more at the procedural errors. (I have bolded what I think is out of order.)

 

Following is a bulleted list of what happened:

 

 

• Were paying £30 to council per week. (on average 130/month)
  
• Bailiff stuck first visit letter through door without knocking. usual practice so they can try to add extra charges
  
• Phoned bailiff offering same amount we were already paying the council. Mistake No 1 - never phone a Bailiff unless you can record the call as they appear to have difficulty remembering what was said.
  
• He told us he needed to come around as he had to do paperwork for the agreement - usual drivel
  
• Once here I was told that a judge had ordered that no payment arrangement could be made without first levying on goods. - do you have a record of this I believe this was a lie. Basically, he wanted to come around to levy, not to "fill in the paperwork."
  
• I wasn't prepared to allow him to levy on any thing of value, so as he wouldn't agree to any arrangement without levying, I offered my car.
  
• I told the bailiff that I was due to sell the car. He said that was acceptable, as long as the money was used to pay off the debt. So he never levied on it!
  
• The bailiff told me I was to pay £120 per month, which is less than I was paying against the debt.
  
• I was told to pay this amount until I had been informed that the debt was clear.
  
• We paid on time every month.
  
• Some months later we scrapped the car and paid the bailiff the proceeds. As you said you would
  
• This month we called the council to enquire as to the amount outstanding. We were told that the outstanding amount was £10.04, which we paid the council immediately.
  
• We then stopped paying the bailiff, as the debt had been cleared. I wasn't prepared to pay £120 against no debt. Correct in my opinion
  
• This week later the bailiff posted a letter through the door without knocking. He added a £70 visit fee to the account.
  
• He then rang my mobile, which my wife answered. She informed him that we believed that the account was clear.
  
• He informed her that there was still £64.04 to pay, and it was levied against the car. You had done as requested in paying to them, how long after this did you pay the Account off in full to the Council, and in that time did you ever hear or see the Bailiff.
  
• He then said that if we didn't have the car then we she had broken the law and he would arrange for an arrest warrant that day and be around that night with the police to have her arrested. - I really hope you have this recorded as the chances are the Boot will be on the other foot. He has no powers to do any of this
  
• My wife has sent him a text after speaking to bailiff advice telling him that, due to his actions, we will only deal with the bailiff company, and not to contact us again.
  
• He texted back saying that we have to deal with him.
  

 

I will be claiming back the unlawful charges, for a start...

 

Thanks in advance.

Timsta

 

Tonight send off for a breakdown of the charges they applied, send initially by email followed up with a copy in the post in the morning. Here is something similar you could use - adapt as you see fit:

 

"From:

My Name

My Address

 

To:

Acme Bailiff Co

Bailiff House

 

Ref: Account No: 123456

 

Dear Sir

 

With reference to the above account, Can you please provide me with a breakdown of the charges.

 

This includes:

a - the time & date of any Bailiff action that incurred a Fee.

b - the reason for the fee.

c - the name(s) of the Bailiff(s) that attended on each occasion a Fee was charged.

d - the name(s) of the Court(s) the Bailiff(s) was/were Certificated at.

e - 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.

 

Yours faithfully

 

Ripped off customer"

 

PT

[brassnecked]

Keep any texts from the bailiff for future use as he may well drop himself in it, but only speak to him on the phone if you can record the call, as ploddertom has already explained the have early onset Alzheimers when asked to remember what they said on the phone, as little as one minute after the call ends.

[Timsta]

I forgot to mention; one of the liability orders had already been paid off. I told him this, however he said his records indicated other wise, and levied and charged on that order anyway. Grrr.

[brassnecked]

I forgot to mention; one of the liability orders had already been paid off. I told him this, however he said his records indicated other wise, and levied and charged on that order anyway. Grrr.

 

 

So long as you have evidence it was paid off before he levied, they will have to repay those charges also, all in all it isn't looking too good for the bailiffs, and the councils.bank account. remember the council are wholly liable for any misdeeds by the bailiff, so you sue them as joint defendants, or you name the council as defendant if the evidence means a regulation 46 complaint is justified.

 

Ploddertom or one of the others will know if it is possible to do this as you were aggrieved by the bailiffs levy retrospectively, or whether you will have to take them in the small claims track to recoup the wrongful fees.

[Timsta]

So long as you have evidence it was paid off before he levied, they will have to repay those charges also, all in all it isn't looking too good for the bailiffs wallet..

 

Aye, that one I definitely have evidence of.

[brassnecked]

Aye, that one I definitely have evidence of.

 

Excellent