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Great forum, been reading everything i can on here but now my head is spinning so got a few questions.

 

i've got chandlers trying to collect CT. for rother council.

i got the first visit from them about 2 months ago saying they wanted to arrange a payment plan with me which i was surprised about as i was still dealing with the council to try and come to an arrangement with them to pay of what i owed.

the bailiffs amount he wanted as a first payment and then installments were a lot more than i can afford each month. me and my partner live day to day at the moment and even finding a tenner spare at the end of the month takes a lot of juggling, think its called financial hardship.

 

after phoning the bailiffs office and asking them to send me a statement of means form they replied with, the bailiff in charge will need to deal with you and arrange a payment plan, i explained i wanted the form to fill out so i can prove we do not have the funds coming in to cover such a high monthly plan so the woman i spoke to took my mobile number and said the bailiff in charge will phone me within the next 5 to 10 days.

 

yeasteday 7th the bailiff called at 9.20 and as there was no one on he left "notice ofbailiffs attendance and notice of distress and inventory letters.

 

on the back of the inventory he has put my car down under item 1 then written end of list under it. where it says walking possession agreement under the list he had put a line through it and written Void accross it.

my car is worth maybe 250 on a good day and i dont drive it anymore but my partner needs it for work as where she works in a care home for the elderly she cant get public transport when she needs to be at work for 6.45 and also there is no public transport if she does a late and finishes at 8/8.30 pm, we live in the sticks a bit. first bus that runs in the morning would get her to work for 8.30 am which is no good when the laest morning she does she needs to be in by 7.45. theres no train station where she works and to use buses she would have a 20 min walk to the bus stop this end then a 30 min walk to work from where the bus stop is closest to work so a car is a necessity for her job plus she does night shifts as well and there is no way of getting there for a night shift unless you drive.

 

back to the green form lol

 

CT 559.07

levy fee 44.00

walking possession fee (zero)

attendance 262.50

 

they took nothing and just wrote the car down on the back of the green form (notice of distress)

 

also they put the model of the car down wrong, they have it as a 106 which it is not but is that a nothing or can i argue it if they tried to take the car.

 

also just checked on the bailiff register website and the bloke thats signed the form isn't on there and under chandlers he's not down as working for them? who is he, where did he come from, is he an alien? so many questions lol...

 

so, can they take the car even though it is needed for my parter to get to and from work and if they took it she would hafto leave her job.

 

where do i stand with requesting a statement of means form?

 

i dont mind paying it of but we do not have the monies coming in to cover the sort of amounts the bailiff wants and to be honest the council were no help hen i was talking to them. it was a case of we dont care if you don't have the money coming in, we want it even if you dont have electric and food because of it. that was there overall attitude towards me even though i had made an offer to make small payments to them which they refused to accept.

 

HELP, fingers wont stop typing, life story next lol..

 

any advice,help would be greatly appreciated.

 

ps - any spelling mistakes are the fault of my fingers and in no way are these connected to my brain in any way.

 

yes i've still got my sense of humor for now..

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something else, i emailed the bailiffs office yesterday as well asking for the statement of means form and stated i can not afford to ring the bailiffs mobile number to which they repied - if you phone the bailiffs mobile number he will arrange a payment plan with you. yay, why didn't i think of that lol...

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Welcome to CAG, firstly it appears the bailiff has levied your car, and it is arguable given it's value, that the levy is challengeable, as it will never cover the cost of removal, storage, fees at auction, bailiff fees and a portion of the debt.

 

Above all try not to worry as others will no doubt be along soon to help further.

We could do with some help from you.

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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've just emailed the council and bailiffs asking for all the relivent details and what the bailiff charges are for so hopefully i will get a reply back from both. Also printed of letters to both asking for the details just in case they ignore the emails. Going to post the letters of in a mo..

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Just got this back from the council

 

With reference to your questions:

 

There is one Liability Order and one Summons outstanding.

The Liability Order amount is £529.07 and the Summons amount is £358.80

The Liability Order was passed to the bailiff on 10.08.2011

The Summons was issued on 25.11.2011 for hearing on 19.12.2011

 

Total Balance to be collected by RDC £887.87

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I have searched on there and he does not come up by name and if i look under chandlers he does not come up as working for them.

 

The Register is not 100% accurate you will need to ring the MOJ on 020 3334 6355 and ask:

a - if he holds a current Certificate

b - who his employer was at the time he claimed to have visited you

 

PT

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I'l ring them in the morning and see what i can find out.

 

Does anyone no if they can take the car even though if they do it will stop my pertner getting to work which means it will stop her income as a result of it?

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just got of the phone.

the bailiff is certified as from 12-09-11 and his current employement from the date his cert started and still as of today is with a company called phillips bailiffs (something like that) not chandlers.

he got his certification from southend court so maybe someone can shed some light on what bailiffs it is that he's really working for.

 

whats my next step?

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Only phillips i can find is Philips Collection Services Ltd so i'm guessing he works for them.

I take it they can't lend there bailiffs to another company and that the bailiff can only work for who the court has them down as there employer and cant just change day by day as they feel like it. (subcontractor type thing if you get what i mean..)

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so does that mean phillips no longer exist or does it mean 1 company will own various baliff companys and they will be able to use bailiffs for collecting on behalf of any company they own? "confused a little bit"

Edited by nohope
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So what's my next step now I no the bailiff don't work for chandlers. Are there letters I should send out or should I ring the council and the bailiffs office direct and tell them what I think of them.

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thats monday morning sorted out for me then. phone call to southend courts......thanks..

if for any reason he turns up over the weekend can i stop him from trying to take the car. theres not really anywhere to hide it where i live.

as i've said earlyer in the thread, the car is only worth a couple of hundred as its an old m reg peugeot (1995) and its only really used for my parten to get to work and back. its not going to cover what he's put down for the levy or any other fees or part payment towards the owed CT.

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Without appearing derogatory your car would only fetch scrap value at auction and I would be tempted to argue the levy is invalid on the grounds of its value. Otherwise yes it could be removed as it would not fall under "tools of trade", they would argue a taxi could be used - they don't take into consideration the cost issues.

 

PT

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Oh what fun this has been so far. 3 hours i've been chasing my tail. he was certified at southend court, but they have 3 courts there.

One of them gave me a phone number for a fines department thats has nothing to do with nothing, next one gave me a number for the SIA which again has nothing to do with anything and the last one couldnt tell me if they were the courts that he would have gone through and to find out i need to email them and ask because these new fangled telephone things dont work if you mention bailiff to them lol.

 

So now the email can take up to 48 hours for me to get a reply that could quite easy just say its nothing to do with them..

 

Oh the joys of mondays.......

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well here is a strange one. just had a phone call from the bailiffs office saying they have just received my letter asking for a breakdown of all fees. they will be sending me the details by return post (thank you) and the fees of £306.50 charged for the visit on the 7th were mistakenly made (thats one hell of a mistake) so they will be removed and the notice of distress for my car has also been made void plus the only fee that will be included is a first visit fee.

 

does this sound like they have made a big boo boo and trying to wriggle out of it?

 

they also said they can make an arrangement now over the phone with the office for a repayment plan to which i said £10 a month is the max i can afford (knowing they would say no we cant except that) to which they said (refere to last set of brackets lol).

 

last thing the woman said was i may get a visit from a different bailiff and end up with fee's added. but wasnt the first bailiff a bailiff? so why would it be passed over to another one if the first one was working for them. bit strange that, seeing as after i rattled a few cages he's probably not coming to visit again (i will miss him lots)....

 

And suddenly as if by magic, the council are looking at taking the debt back from them and arranging an amicable payment plan that i can afford. wonder if chandlers have rung the councill and said "oopsy, we think we have a problem"

 

Still waiting for the courts to email me back. if they give me the details i want and it shows what i'm hoping then today will be a great day..

 

YAY, go me. half a result on a monday. friday i'l be taking over the world......

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I think you hit the nail on the head nohope, they are backtracking to try to avoid all those pesky questions and the Formal complaint the council will be getting about their shenanigans.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

 

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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Think no mata who the courts say the bailiff really works for i'm going to send a letter of complaint to the council about there agents and let them no that i can not deal with anyone other than the council for the owed CT as there agents have made such a big mistake that i can not trust them with any money that needs to be paid.

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You have made my afternoon reading what has happened. Certainly seems as if you have caught them with their pants down. I would still press the Court for the correct info - it sounds as if you have a Combined Court complex - the answer you need will come from the County Court. If you can establish that you have had a Bailiff attend you who was not Certificated you can press for damages for trespass. You will of course take this serious breach up with the Council and remind them that as they are ultimately responsible you could eeven take action against them. Be interesting to hear what a local Councillor & the Leader of the Council would think about this. Even better a story in the local press - how many more has he attended and got away with?

 

PT

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I'm not going to let it go at all. will get the info out the court one way or another. i'l give them till tomorrow morning then ring them again and remind them i'm not going away so getting the answers to my questions in a timely manner is the only way i will leave them alone.

 

Was going to email phillips and ask if said bailiff works for them and see what they say. do you think its worth asking or will they not answer me.

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