Bailiff re driving in bus lane help! urgent

[debra66]

last november got caught driving in a bus lane and got a bill to pay which i appealed against..following satnav strange town bad weather which got refused

 

being on benefits unable to make payment

 

equita certified bailiffs then involved by post agreed £15 week payment which i said at the time i couldnt manage but had no other options

 

bailiff called other day, put sticker on my car which is a motability vehicle, i didnt read the sticker as he later removed it before i did

 

he want £379.84 by monday 4pm as he said he will remove car and goods to the value of debt

 

he gave me a letter saying

 

final notice

 

 

delivered by hand

 

i called at your home today to execute a warrant issued by northampton county court £379.84

 

i am authorised by the court under the enforcement of road traffic debts certified baliffs regs 1993 amendements 2003 to remove your vehicle household effects to satisfy your unpaid penalty charge notie due to bath ad north east somerset council

 

if you fail to contact mme withing 24 hours i will have no alternative but to reattend your property at any hour of the day or night to impound your vehicle/remove goods

 

this will result in substantial extra costs of at least £140 being payable

 

to avoid any further action bailiff cost please contact my mobile

 

 

etc

 

 

he said he hadnt put a clamp on car but had already put sticker on before he knocked on door.

 

i didnt let him in and remained at door with door closed

 

i rang council and they said get a financial statement from cab which i cant get before monday and they wont halt action in meantime

 

 

rang bailiff and he said all i can do is pay and appeal later

 

 

income from

 

incapacity benefit for self

income support for self partner

dla for self and partner

ctc fam allowance for sun

 

partner is a vunerable adult due to mental health problems

 

 

do i have any rights is there anything i can do

 

i have mentioned mental health of partner to council and bailiff and that it would be upsetting for partner and bad for his health but council said it would only consider my health not my partners and bailiff said all he can suggest is to pay it....

 

 

help please

[freakyleaky]

Thread moved to Bailiffs forum.

[hallowitch]

I have asked this to be moved to the bailiff forum

 

don't worry about your car the bailiff cant take it or clamp it its a mobility vehicle

 

you do not have to let them into your home to levy remove goods

 

this should go back to council its nothing to do with who is vulnerable in the family its the family thats vulnerable not the person

[debra66]

i said this to the council and they said this doesnt matter my debt etc it would really upset other half and cause him distress

 

bailiff said it wouldnt look good to motobility if i had the car clamped etc

[debra66]

the bailiff also actually noted that he had seen the disabled tax disc

 

i am worried sick !!

 

does the vunerablilty cover the family /household? i asked the council to call back the debt and they have refused i need to know what to do as i have to ring him by monday

 

i found him mildly threatening and scary by the way he said it wouldnt look good to motability and could prevent me getting another car through them

 

i rely on the car..

thanks for any help

[ploddertom]

He can't take your car no matter what he says. He also will not be telling Motability anything either - he is trying this as a lever to get you to pay. If there is one person in the household who is classed as vulnerable then this also covers everyone else, both Council and Bailiffs need to be reminded of their responsibilities under the National Standards for Enforcement Agents. There is nothing that says you have to deal with or speak to the Bailiff and if you ignore him long enough all he can do is to return this to the Council. Whatever else happens do not allow him entry to your home.

 

You should write a letter to both Council & Bailiffs about your vulnerability issues. Also contacting your local Councillor(s) may be a good step.

[brassnecked]

If he did clamp or try to take the car, as it is on Motability as he knows it is it would be classed as theft of a motor vehicle, as PT says there is no law that says you have to even speak with a bailiff, so keep him out he cannot levy the car and he knows it

[debra66]

thanks all

 

can he not get the police

 

I am just worried that if he keeps calling that it will cause my partner great anxiety and stress and upset

 

can i stop him calling

 

I have his mobile number and until 4pm monday to sort the matter out

[brassnecked]

He can't get the police there to arrest you per se, as police are there merely to keep the peace, Contact your councillor and MP stating the bailiff is ignoring the guidelines on vulnerability, and threatening to take a leased Motability car

[RaeUK]

Hi debra66, just to expand on what you've been advised:

 

Here is the link to the National Standards for Enforcement Agents 2012. Have a read through, it's quite straightforward. This is what the bailiffs should abide by.

 

Equita are members of the Civil Enforcement Association. Click here for there Code of Practice. You will see it mirrors the National Standards. Therefore Equita cannot deny they know your case should go back to the council.

 

Write to the Head of Revenues explaining why you and your household are vulnerable under the National Standards. Include copies of your households benefits, any relevant GP, Hospital or other NHS correspondence and, if appropriate, a copy of recent prescriptions. Request that the debt is taken back by the council etc. Mark the envelope 'private and confidential' and address to the Head of Revenues by name. Send signed for.

 

Copy the lot to the bailiffs with an appropriate covering letter. Send signed for again.

 

If the response is negative, write a Formal Complaint to the council CEO...

 

I believe - but am not 100% - under certain circumstances direct or third party deductions can be made from Incapacity Benefit. It is worth exploring this and, if so, request that this is the way the debt should be repaid. It's in the region of £3.50 per week ...

[debra66]

thanks have read the standards and along with everything else he also threatened me with something that wasnt true ie he told me he would clamp and take the car even though he knew he couldnt cos it is a motability car.

 

i have the email address of the council/bailiffs so will scan and email all the relevant documentation today and ring up first thing monday so they can hunt it out and check it, i will also send it them and equita etc by recorded mail

 

if i had the money to pay i would have paid i accepted that i did wrong i tried to make an arrangement of an affordable amount per week in the first place which they wouldnt accept

 

the local authority said i would also need financial statement from cab they dont accept it from anyone else but cos of cutbacks the local cab has a waiting list for appointments of 2 weeks

 

 

all in all everyone concerned seems to be being unreasonable

[RaeUK]

Out of interest, which council is this?

Also, bear in mind that some council's have hived off their office services to an outsourcing company that just happens to own Equita. Therefore you may not be getting the advice you would hope for from the council. Hence everything should be in writing with a trail that can be used at a later date if necessary ...