Bailiffs and the new Law

[mikeymack2002]

Just an observation here, with the new Laws coming in during April, will this see a upsurge in Bailiff activity before this date to get as many debtors on the books before April?

 

 

Or will there be a slump in activities till after April what is going to be the best way forward for Bailiffs in the meantime? Are there new fees coming in to force in April will it be much more expensive for the debtor? I have Pm'ed TT with a bucket load of questions with regards to this and other things, hopefully will get a reply soon, I know TT is very busy but the subject may bring to light much more than I know about.

 

 

Will forced entry be more widely used after April or has this not changed? The amount of Bailiff auctions across the country seem to be getting much higher than normal, as are those from Revenue and Customs, just s a thought here that's all. sticky here courtesy of tomtubby HMCS Forced Entry Protocol for use by bailiffs enforcing Magistrates Court FINES

 

 

Has there been more clarification as regards to Police Assisted enforcement with Bailiffs, have these rules been changed also? Is the attached PDF the correct file in regards the new changes please

 

 

Are there any rules regards the last paragraph on section 1? QUOTE "

“sum to be recovered” means the amount of the debt which remains unpaid, or an amount that the creditor agrees to accept in full satisfaction of the debt". Does this mean it is possible for a full and final offer available?

Also with this sticky here

Sticky: Closed: Removal of Implied Right of Access notices.....CIVEA advises bailiff companies to IGNORE the notices courtesy of Tomtubby again will the Bailiffs just add more fees to the debt? when displayed?

 

MM

Edited January 15, 2014 by mikeymack2002

[tomtubby]

Mike,

 

Thank you for your message and your list of questions ( all of which are vitally important).

 

It is very unfortunate that the Ministry of Justice only released the new fee scale last week as there is a lot to take in before implementation on 6th April. Accordingly, I have been VERY busy indeed. During the next few days I will be adding a lot a new information on the following thread and this will include answers to your "bucket load of question".

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?414547-The-Taking-Control-of-Goods-(Fees)-Regulations-2014-released-today.

[mikeymack2002]

Thx TT, just another thought for info too, I was at a bailiff's public auction today, when 3 mid priced Flat panel TV's were listed, but due to the poor care by the bailiffs these were damaged in transit smashing the screens, if, whilst in the care of a bailiff and this sort of damage is caused,, what recourse does the debtor have in way of compensation? this is asked as the value of the goods is dramatically reduced, then the goods fail to reach a decent price at auction, as the monies for the sale come off the debtors bill, but the debtor will not get a fair price for damaged goods!! just a thought. Also the value in this climate financially the goods are not as much sort after and a true price is not achieved is it, so in as much even more goods will need to le levied and seized to cover the debt, compared to the prices of sold goods at auction 18 months ago!

 

 

MM

[brassnecked]

Thx TT, just another thought for info too, I was at a bailiff's public auction today, when 3 mid priced Flat panel TV's were listed, but due to the poor care by the bailiffs these were damaged in transit smashing the screens, if, whilst in the care of a bailiff and this sort of damage is caused,, what recourse does the debtor have in way of compensation? this is asked as the value of the goods is dramatically reduced, then the goods fail to reach a decent price at auction, as the monies for the sale come off the debtors bill, but the debtor will not get a fair price for damaged goods!! just a thought. Also the value in this climate financially the goods are not as much sort after and a true price is not achieved is it, so in as much even more goods will need to le levied and seized to cover the debt, compared to the prices of sold goods at auction 18 months ago!

 

MM

 

If the bailiffs damage the goods so as to make them unsaleable, and LCD TVs are much more delicate than an old CRT tube TV, I think they are liable to take "reasonable care" of goods seized in their custody, after all if the debtor redeems the goods by paying, and is given a broken TV back with a smashed screen I think they would have a course of action against the bailiff.

 

Incidentally if the bailiff removes a PLASMA TV and does not keep it upright, he has immediately caused damage as they must be kept upright due to the way the screen is made.

 

Other Caggers will know more fdefinitive answeres.

[mikeymack2002]

Thx guys, believe it or not the TV's sold for a pittance, £12-00 each instead of the £200-00 ish they would if intact, so does this mean just a few pence will come off the debt after the fees that will be charged? I personally think this is wrong, now with the bailiff's seizing more and more Flat panel TV's the debtor will lose double in the long run, no TV more fees, longer debt more levies, seems like fee manipulation to me if you look at it from a criminal point of view! I.E. a TV is seized in perfect working order, it arrives at the auction damaged screen, (not saying deliberate just carelessness) with that in mind the bailiff knows it will sell for much less and can continue to fleece the debtor.

 

 

MM

[welsh1]

If the bailiffs damage the goods so as to make them unsaleable, and LCD TVs are much more delicate than an old CRT tube TV, I think they are liable to take "reasonable care" of goods seized in their custody, after all if the debtor redeems the goods by paying, and is given a broken TV back with a smashed screen I think they would have a course of action against the bailiff.

 

Incidentally if the bailiff removes a PLASMA TV and does not keep it upright, he has immediately caused damage as they must be kept upright due to the way the screen is made.

 

Other Caggers will know more fdefinitive answeres.

 

This is not quite true and is a bit of an urban myth,they say not to transport it laying down as the screen on a plasma tv is more delicate, couple this with the large size of the screen and you have the strong possibility of the screen flexing and breaking,in most manuals for plasma tv's they tell you to lay the tv flat on the floor taking care that the screen is on a flat clean surface so you can then attach the stand.

 

Any way back to the op's post.

[mikeymack2002]

LOL my post is going to be very long winded, due to the new rules in April, I am just trying to get ahead of the new charges, enforcement rules and rules of forced entry by the Bailiff, as we all know this is going to hurt the debtor in the long run, but concerned at the possibility of a rogue bailiff causing damage to a debtors goods to gain more fees.

 

 

I for one do not intend on getting on the receiving end of a bailiff.

 

 

I think that TT will be posting up some more info over the next few days so will wait to hear from them with the questions already Pm'ed to them

 

 

MM

[brassnecked]

This is not quite true and is a bit of an urban myth,they say not to transport it laying down as the screen on a plasma tv is more delicate, couple this with the large size of the screen and you have the strong possibility of the screen flexing and breaking,in most manuals for plasma tv's they tell you to lay the tv flat on the floor taking care that the screen is on a flat clean surface so you can then attach the stand.

 

Any way back to the op's post.

 

The damage is caused when they lie it on it's back in the van, and pile other things onto the screen, as they do.....the screen is fragile and easily damaged as you rightly point out. Anyway, surely there is a duty for the bailiff not to damage goods in their care.

[mikeymack2002]

M y point exactly, with the total disregard to the debtors goods held in trust for a sale/return they can cause a total loss of the goods. This is why I asked the question.

 

 

also will the bailiff have to replace the goods should the debtor pay within the 5 days or is it tuff luck on the debtor?

 

 

MM

[welsh1]

I find it strange that they would deliberately damage goods,surely they need to sell them in good condition to raise money.When i moved house the removal men had insurance and i did actually claim for a tv that had a cracked case,their insurance paid straight away,wouldn't the bailiff have similar insurance?

[brassnecked]

I find it strange that they would deliberately damage goods,surely they need to sell them in good condition to raise money.When i moved house the removal men had insurance and i did actually claim for a tv that had a cracked case,their insurance paid straight away,wouldn't the bailiff have similar insurance?

 

Bailiffs take stuff and chuck it in the back of their Berlingo like a Yodel Courier does....LCD and Plasma TV screens are too delicate to be carried unboxed, or otherwise unprotected

Edited January 17, 2014 by brassnecked