Help with Rossendales Baillifs Levied my Car !

[josephbloggs]

Its not invalid, the car is still seized, it just means you are not subject to the £12 walking possession fee. Also it means another bailiff could re levy on it and if they got the walking possession it would superseed rossendales levy. There is a lot about so called levy adandonment on "other" sites and i am of the opinion the levy only becomes abandoned should the bailiff company pass back the account to the council uncollected.

[will_to_power]

Its not invalid, the car is still seized, it just means you are not subject to the £12 walking possession fee. Also it means another bailiff could re levy on it and if they got the walking possession it would superseed rossendales levy. There is a lot about so called levy adandonment on "other" sites and i am of the opinion the levy only becomes abandoned should the bailiff company pass back the account to the council uncollected.

 

Hi there, can you link to a source for that please ? I am being told the opposite from 2 different professional sources, ones of which has read through all the paperwork i have , including the unsigned walking possession agreement. If a debtor does not sign a walking possession agreement then the levy in invalid. how can there be a "contract" without your signature ?

[HCEOs]

will_to_power,

 

Worryingly it sounds like you (or your legal representative) has been taking advice from another forum that is well known for having little understanding of the law in this area and has already cost many debtors thousands in costs for the wrong advice. It looks like you could be next.

 

1. A walking possession agreement does NOT have to be signed to validate a formal levy of goods.

 

2. A Form 4 complaint is NOT the way to go on the evidence you have provided.

[outlawla]

Here's an up to date Guide to Certificated Bailiffs from HMCTS

 

Certificated Bailiffs

A Guide for Courts Staff

January 2013

 

 

There's a section about Form 4 and Form 5 complaints on Page 8

[ploddertom]

will_to_power,

 

Worryingly it sounds like you (or your legal representative) has been taking advice from another forum that is well known for having little understanding of the law in this area and has already cost many debtors thousands in costs for the wrong advice. It looks like you could be next.

 

1. A walking possession agreement does NOT have to be signed to validate a formal levy of goods.

 

2. A Form 4 complaint is NOT the way to go on the evidence you have provided.

 

I have to agree with this, you have been given dubious advice. As good as CAB etc may be they do have their limitations & you won't get much better advice on this than that offered by HCEOs.

[will_to_power]

Just to clarify, the advice was given me to me by a specialist solicitor , who read over the whole case, and all the paperwork. It his his opinion that the levy is invalid and that a form 4 complaint is perfectly justified and valid.

 

Well, I will keep the thread updated as the case progresses, and we shall see in time if the levy was valid or not as we go.

[ploddertom]

Just to clarify, the advice was given me to me by a specialist solicitor , who read over the whole case, and all the paperwork. It his his opinion that the levy is invalid and that a form 4 complaint is perfectly justified and valid.

 

Well, I will keep the thread updated as the case progresses, and we shall see in time if the levy was valid or not as we go.

 

If you wish to issue a Form 4 then that is your decision but I would strongly urge caution. I can't think of many specialist Bailiff solicitors, my own solicitor is very bright but when it comes to High Court Enforcement matters it is him that rings me.

[sgtbush]

the levy is valid, and a form 4 complaint will be thrown out of court, with costs awarded to the bailiff, he has done nothing wrong as long as he was only asking the neighbour who lives their and nothing else,

 

the solicitor is looking at you as a cash cow

[lookinforinfo]

Just to clarify, the advice was given me to me by a specialist solicitor , who read over the whole case, and all the paperwork. It his his opinion that the levy is invalid and that a form 4 complaint is perfectly justified and valid.

 

I understand that there is a forum on which one of the principal posters seems to think he is a specialist solicitor. He also claims to be an expert on bailiff matters. He also advises

forum members to issue Form 4 complaints at the drop of a hat-costing those who do follow his advice loads of money. If that is who your specialist solicitor is, please be very very careful of his advice.

 

If you take a look at several different threads on this forum, you will find that where a bailiff has carried out an unlawful action the posters here will offer advice on how to deal with each situation. Very rarely

will any of the Site Team or regular contributor advocate the use of Form 4. So ask yourself why virtually every poster on your thread is telling you the same things-it is not an abandoned levy, do not make a

Form 4 complaint. Heaven knows it is not often that we all sing from the same hymn sheet but as we are doing so on this thread maybe all of us are right.

 

If you are convinced that the bailiff has erred, rather than spending money to take the case to Court plus paying your solicitor/barrister as well, please consider writing to the Court explaining the situation and

ask for their advice on how you should proceed. That way it costs you a letter and a stamp and if the Judge thinks the bailiff has stepped out of line and deserves to lose his certificate then he will do it without

you risking having to pay the Bailiffs Court costs.

 

If you need help on how to go about it, just ask and you will get the help you need.

Edited November 30, 2013 by lookinforinfo