Help me help my neighbour plz ( urgent bailif turned up at half 6 )

[Vicki202]

Hello ppl its been a while after a house move and stuff but back in 2010 you all helped me fight a bailiff that assaulted me. Tonight my neighbour got a shock when a bailiff walked through there door at half 6 he has gone round the house after a officer allowed him in and stood intimidating a woman while 2 kids sat crying and shaking. I intervened told them it was against all rules to turn up after 6 they said the notes i had where dated from 2010 so counted for nothing. Have these changed? i picked up one of the children 4 yr old and she was shaking like a leaf i went to door told them it was time for him to leave there was a child in extreme distress they asked him to hurry and they did leave but after telling me i was not involved and could say nothing i then informed them to contact there inspector murry the officer who reprimanded 11 police officers for bringing a bailiff into my home

[Conniff]

Communities SecretaryEric Pickles said:

 

"It is unacceptable for councils to employ burly bailiffs with

heavy-handed tactics like kicking down doors, making phantom visits or

charging excessive fees it is unfair and damages a councils

standing in the community.

 

Today our new guidance is crystal clear: it is time to stop the dodgy

practices where town halls collect contractual kickbacks from bailiffs

that will do almost anything to make money."

Read more[http://em.jumbomail.org/link.php?M=1359155&N=594&L=951&F=T]

 

[sgtbush]

bailiffs can knock a property between 6am and 9pm

[Vicki202]

is this a new legislation or rule since 2010 ?

[citizenB]

bailiffs can knock a property between 6am and 9pm

 

 

There is a difference between knocking on the door and what the OP has described above ?

[ploddertom]

The times quoted have been around for a long time and originally came from the intial National Standards for Enforcement Agents.

 

What was the Bailiff there for & why were the Police in attendance?

[seanamarts]

Hi Vicki, it would help if you could tell us the full story.

[Vicki202]

Hiya police where there as the bloke was gonna throw the bailiff through the door, It's for council tax i no when i had the trouble i did the rules where that they where not allowed to turn up before a certain time and after 6pm i dont no a great deal more will find out this morning if there was letters sent and so on i just want to be able to give them some basic info bailiff was very smug and up himself they did not like that i went in and made him feel so small the fact that there was a 4 yr old shaking like a leaf and crying and a 10 yr old sat in a ball in her room rocking and crying has really annoyed me

[tomtubby]

A bailiff can indeed attend a debtors property after 6pm and the guidance given under the National Standards for Enforcement Agents is 9pm.

 

I cannot see this changing given that if a person is in employment, he will most likely return home after 6pm.

 

PS: I am sorry to hear of your neighbour's problem and sadly, complaints against bailiffs are at an all time high. Local authorities are not a lot better !!!

[Vicki202]

I am sat with the inventory the bailiff left i no from my own experiance how some things can and can not be listed is it still the case that they can not list items that are on finance ? and that if it does not amount to cover debt and costs it voids the levy also on this there is no first or second visit fee just a levy fee of £56 and walking possession fee of £12 dont they have to go through 1st and 2nd visits first ?

[seanamarts]

They can levy on first visit, but cannot charge for a visit fee and a levy fee on the same day.

 

Items on finance shouldnt really be placed on a levy, however I think it all depends on what finance it is and what the item is. It can be challenged.

[Vicki202]

The item on finance is a tv also the sofa they have put on it does not belong to her which they where told and they have proof they also have a disabled child who would needs use of at least 1 item on this list

[tomtubby]

Can you please list the items.

 

Also you say that the sofa does not belong to them. Was proof provided?

 

The TV should be exempt (as long as evidence was shown of finance)

[Vicki202]

Also just gone to the bailiff register and i can not find his name on there it lists his signed name as [EDIT] from marston bailiffs the only ***** thats showing is a a one working for rossendales

 

 

levy items are

1 slinding wood black unit

1x 50" samsung tv and remote

1 samsung dvd player

1 black glass tv stand

1 black wood wall mirror

1 black leather + fabric 3 seat sofa

1 black leather and fabric 2 seat sofa

1 qty of dvds

 

thats how its listed on the inventory

 

i do not no if proof was show but i was assured he was told of the tv and the soaf not been owned

Edited August 23, 2013 by seanamarts
Removal of bailiff name

[hallowitch]

Tonight my neighbour got a shock when a bailiff walked through there door at half 6 he has gone round the house after a officer allowed him in

 

can you explain what happened before the officer arrived ?

 

 

can someone tell me if a debtor refused a bailiff entry to their property (council tax and their was no previous entry)and the bailiff used the police to gain enter to debtors property to levy goods

would this still be classed as peaceful enter therefore the levy would be valid ?

[Vicki202]

Hiya hallowitch the bailiff was sat in his van he was seen on my driveway before entering next door he watched the kids come out onto garden then just walked through into the porch where he was greeted by the girls bf who gave him a shock and warned him no further told him he would remove him this is when police where called he cowered in the portch way till police arrived making allsorts of threats which i no to be lies but they didnt when i over herd it was council tax i stepped in to tell him what i thought from my fight to still be true the police refered to it as the bailiff acting on a warrent which i no it is not its a liability order only 1 previous had delivered letter no attempt to knock on the door or make contact that way no previous entery either what has annoyed me is the kids that where sat shacking and crying and they did not see this as children in distress the 10 yr old was sat in a ball rocking shaking and crying the younger one tried to run ive never known a child shake so violent with fear and the police thought she was ok

[seanamarts]

Looks to me to be an invalid levy.

 

I would get them to place a complaint with the council copying it to the bailiff company.

 

I would send some proof that the TV is on finance and as for levying the sofa's, well thats just being pedantic, possibly hoping that no one realises that he cannot take them anyway.

 

other items wouldnt cover the bailiff fee's let alone the debt.

[Vicki202]

Ok thats somewhere for me to start with them they tried to say they would just go ahead and pay it through them its took some convincing that the bailiff was in the wrong i knew somethings had changed since you all helped me with my fight so really needed to check if i can help anyone with these bullies i will

[seanamarts]

Get them to pay the council direct via thier online payment facility, make sure they use the ref for the year that is outstanding.

You mentioned a disabled child, you should also inform the council of this.

[hallowitch]

its not just the levy fee and WP fee as you know a van/attendance fee will be added to this debt

 

I would hang on before writing the e-mail/ letter of complaint (wont get till Tuesday anyway)

 

I would like to find out for sure if a bailiff enters a porch (bearing in mind the front door is locked preventing them going into the house) if this would be classed as peaceful entry into the property therefore giving the bailiff the right to call the police to help him get into the house to levy

 

I believe once a bailiff is in a house he can break into a locked room but if the police hadn't arrived and allowed him in could the bailiff have legally broken down the door/ called a locksmith to gain enter into the house

[hallowitch]

Also just gone to the bailiff register and i can not find his name on there it lists his signed name as [EDIT] from marston bailiffs the only ***** thats showing is a a one working for rossendales

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?377382-Certificated-Bailiff-Register-Updated

you need to send an e-mail here [email protected]. uk and ask if he has had a change of employer it may be that the register has not been updated

 

you could also e-mail the issuing court to see if he has changed his employer

[Vicki202]

I have sent the email so should find out soon i will hang back a little and see what happens next i have told her to pay what she can via council so fingers crossed i can get them some answers in the mean time