Swift... please advise

[ploddertom]

Please remember that even if the Bailiff has a seized goods and you have signed a WPA then if he returns to remove the said goods you do not have to let him back in voluntarily. Again he may utter all sorts of threats but he still has procedures to go through.

He will need the permission of the Council to do so, and if they agree

He needs to go back to Court to obtain an Order allowing him to force entry - very rarely given, and if they agree

He has to write giving you a time & date when he will attend, and if that happens

Only if you then refuse him entry would he be allowed to force entry

 

All the Bailiff can do is threaten, if you are making payments - regardless of who to - then in reality there is nothing he can do.

 

PT

[ploddertom]

Apparently all the team leaders where on a days training course - probably learning how to make tea - so Mrs X was in charge for the day...and OMG did she enjoy her new found power : )

 

I think its time to put everything in writing now anyway

 

PT

[rumnraisan]

Please remember that even if the Bailiff has a seized goods and you have signed a WPA then if he returns to remove the said goods you do not have to let him back in voluntarily. Again he may utter all sorts of threats but he still has procedures to go through.

He will need the permission of the Council to do so, and if they agree

He needs to go back to Court to obtain an Order allowing him to force entry - very rarely given, and if they agree

He has to write giving you a time & date when he will attend, and if that happens

Only if you then refuse him entry would he be allowed to force entry

 

All the Bailiff can do is threaten, if you are making payments - regardless of who to - then in reality there is nothing he can do.

 

PT

 

He has clamped my car twice now..so knows it very well...im concerned he will just head straight for that and not release it or have it removed if i dont pay the full balance...which i dont have!

[ploddertom]

Does he have a Clamping Order issued by the Court?

 

PT

[rumnraisan]

Really dont know..its a very strong bargaining tool..does he need one?..its on the WPA so i assumed he could do whatever he wanted with it.

 

He clamped my car before the WPA was signed thats why i had to let him in my flat, because he said he would not unclamp it until i did!

 

How can i find out if he had/has one?

[ploddertom]

Really dont know..its a very strong bargaining tool..does he need one?..its on the WPA so i assumed he could do whatever he wanted with it.

 

He clamped my car before the WPA was signed thats why i had to let him in my flat, because he said he would not unclamp it until i did!

 

How can i find out if he had/has one?

 

Clamps may be applied lawfully under statutory powers:

- to an illegally parked vehicle - TMA 2004

- to a vehicle with no tax disc - s32A & Sch 2A Vehicle Excise & Reg. Act 1994

- to a vehicle being seized by a Bailiff enforcing a fine under a Clamping Order (Magistrates Court Fine)

 

There is no statutory provision for a Bailiff to clamp in the case of distraint & therefore it may not be a lawful action. He may possibly be liable to all or any of the following:

trespass

wrongful detention of goods

 

PT

[rumnraisan]

Have received information from bailiff company it confirms that he attended on the 30/3 /11 and charged twice , once for each liability

 

Then on the 18/4/11 and charged twice again .

 

On the 4/5/11....he clamped my vehicle and i had to let him in, he made out two very low value WPAs which i signed..was charged twice again plus a £125 van fee on the higher value liability.

 

On the 7/10/11 he attended at my new address.

 

He had already clamped my car and demanded full payment of the lower value liability £644.15 which i now know included another£125 van fee for his attendance.......My account was actually £24 in credit at that point until a further fee of £24.50 on 12/10/11 for" N/sale CE" dont know what that is.

 

Also on the 7/10/11 he charged a 1st attendance fee on liability of £150, which i didnt even know about...it must of been from after i moved from previous address.

Then on the 13/10/11 a 2nd attendance fee, but i had no knowledge of this visit..is he not meant to leave documentation informing me of his attendance if i was not there?

 

 

Council left voicemail today stating that all fees where reasonable, they could not assist me anymore and if i had any more queries to please contact bailiff directly.

 

I am going to make installment payment to council on Monday morning with the amount as per agreement with Bailiff.....and email them reasons for paying them directly.

 

Im also going to draft a letter to CEO of council expressing my concerns over his bailiffs charging procedure in the matter.... unfortunately the vibe im getting at the moment is that im the criminal for not paying what i was meant to for 3 years and now i have to pay the cost!...which at the moment stands at over £600 in bailiff fees, sleepless nights and growing anxiety.