Rossendales Help again!

[ctjk1234]

Hello and Thanks for Reading

 

I got into Some Trouble with CT been Self Empolyed it been a hard few years

 

I had 3 Libailty orders

 

1) for £300 odd Pounds - Cleared

2) for £1200 Currently at £800 -Been trying to clear this ( this is this years CT)

3)1700 Which is last years that i could not pay

 

The Bailiffs have a walking Order for my Property

 

They have been round a few time

 

Today they came with a letter giving 24Hrs to Remove goods

 

I advised i dont have the money and he advised he would be back tomorrow with a lock smith as i advised he could come in

 

While he was hear he phones do arrange a locksmith

 

Any advice would be helpfull

[i hate bailiffs]

bailiffs lie they will not be back tomorrow with a locksmith

 

have the bailiffs had entry to your property

 

they are claiming a levy can you list the goods please

what paperwork have the bailiffs left

[ctjk1234]

Yes they have been into the property ( big error on my part )

 

The good listed are

 

An Xbox

An Tv Flat screen 32

A clock

A cabinet and a sofa

 

I have treid to contest the levy with the CT office and they deemed it to fair

[sgtbush]

seems to me their is insufficiant on the levy to cover the debt and costs

i think he is using threat tactics

 

contact council again and ask do they think the value of goods listed is sufficiant to cover the debt

remind them they are equally responsible for the bailiff actions

[i hate bailiffs]

Ok so we have a £800 debt and a £1700 debt

 

bet they have charged you two lots of fees and on the same day

 

levy will not cover the debt the sofa does it still have the fire safety tags on it do you have other seating little or no value

 

a clock little value unless it is antique or a expensive one

Tv they around £200 new so little value

Cabinet unless it is solid wood wont be worth much

 

The council make up there own rules should be a formal complaint to council copy in local MP

This is going to take a little wile wont be sorted over night!

 

At this point the bailiffs are a long way from forcing entry

Bailiffs lie

[ctjk1234]

The sofa probley dose have the tag on it somewhere never looked

 

The tv is worth about a 100 tops

 

The Cabinet and clock worthless (to them)

 

As they have been in my property before , this is the issue .

 

As they said when they have entry to remove goods they will make a new list > although as we are moving soon there isent anything else in here Just kids stuff and my Home office

[i hate bailiffs]

AS for breaking into to your home - the bailiff has to first gain peaceful entry. Most SLA's/Contracts/Code of Practice between Councils & bailiffs usually insists that where a bailiff gains peaceful entry and seizes goods, later goes back to remove same & is denied entry makes them have to ask:

 

a - the Council for permission to force entry and if they agree

 

b - go back to the Magistrates Court to gain an Order allowing them to do this, and if they agree

 

c - has to write to you giving a date & time when they will attend

 

d - only then if they are refused could they force entry

 

Orders such as these are only granted in exceptional cases - usuallywhere there is a history of wilful refusal to pay. You will be a long way from this scenario.

[i hate bailiffs]

 

As they said when they have entry to remove goods they will make a new list > although as we are moving soon there isent anything else in here Just kids stuff and my Home office

 

They making there own rules up any levy should be enough to satisfy the debt

 

clearly what they have does ................................NOT

[ctjk1234]

This is what i thought and i wrote a long letter to RD

 

I am trying to find the response as they stated they work on a 2 teir basis

 

Basically the first vist vist then the removal bailiff will remove the goods and make a new list in all draws and cuboard etc

 

I will try and dig it out

 

Ive been paying the CT direct weekly as much as i can as per advice on here . ,but seems to have stepped up a level

[i hate bailiffs]

when bailiffs re attend do not let them in do you have a car?

 

it will be vulnerable to bailiffs if you do

If you exhaust council complaint procedure you can go to the local government ombudsmen but unfortunately it can be a slow process

 

You do not need to speak to the bailiff you could always hope it is raining and wave to him out the window:wink:

[brassnecked]

Good advice guys, you could also film the bailiff when he returns through the letterbox if you don't want to open the door, to capture any threats he m,ay utter, you don't need HIS permission to film HIM on YOUR premises no matter what garbage he spouts about permission and data protection. The levy could be argued as merely to garner fees for the bailiff as it is on insufficient goods, this could form part of a Formal Complaint to head of Revenues CEO, council lerader etc.

[ploddertom]

 

As they said when they have entry to remove goods they will make a new list > although as we are moving soon there isent anything else in here Just kids stuff and my Home office

 

Sounds to me as if:

a - they are reading this thread

b - they realise they have not seized enough goods - well they had their chance so tough.

[TB Law]

Yes they have been into the property ( big error on my part )

 

The good listed are

 

An Xbox

An Tv Flat screen 32

A clock

A cabinet and a sofa

 

I have treid to contest the levy with the CT office and they deemed it to fair

 

The council would never deem any levy unfair unless you can show the grounds the levy is not valid.

 

You can argue the levy is not compliant becase the items listed are of insignificant value compared to the debt being recovered.

 

Did the bailiff use the Form 7 for listing an inventory of goods ? if so then that disqualifies the levy. It should be a form 9. A common mistake.

 

Ditto if the goods listed are not yours.

[ctjk1234]

The council would never deem any levy unfair unless you can show the grounds the levy is not valid.

 

You can argue the levy is not compliant becase the items listed are of insignificant value compared to the debt being recovered.

 

Did the bailiff use the Form 7 for listing an inventory of goods ? if so then that disqualifies the levy. It should be a form 9. A common mistake.

 

Ditto if the goods listed are not yours.

 

the goods are mine, i will have a look at the form Cheers

[brassnecked]

As an aside if they took the sofa would there be sufficient seating left to seat ALL family members? Does the sofa still have it's original fire retardent compliance labels still attached? If not it would be illegal for the bailiff to sell it at auction, the bailiff commits a criminal offence if he does auction it without the original labels attached.

[ctjk1234]

As an aside if they took the sofa would there be sufficient seating left to seat ALL family members? Does the sofa still have it's original fire retardent compliance labels still attached? If not it would be illegal for the bailiff to sell it at auction, the bailiff commits a criminal offence if he does auction it without the original labels attached.

 

 

There are 2 living rooms

 

There is a Corner sofa in one , it dosent have the label on (or not one i can see)

 

And there is a Normal table with 4 chairs in the other

 

2 Adults a 10 years old and 5 year old

 

Cheers

[The Evil Bus Driver]

Why not get a really knackered old xbox and give them that, then hide yours at a relative's?