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well heres hoping he does something for you the way you have been muck around is appalling

 

i agree hallowitch...i feel its so bad....first they tell you , youre entitiled to benefit then not...seems they need to know what their doing, something is not right..anyways will let you know

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hi first time on here

and am looking for some advise or help please ....

i have just had a bailiff letter threw my door today hand delivered in no envolope

but before i knew of this site i rang them (EQUITA BAILIFFS) ..who said i had to get

£1031.62 asap for a council tax liabilty order

i then went to my local council office

who said they couldnt get it back from the bailiff and i would have to deal with them.

i have offered to pay them £40 a month.

as i only work seven and a half hours a week

my partner only works seventeen and a half hours a week .

so there is not much money coming in

then my son mentioned this site

is there anybody out there that can help me with this matter.if you need any more info ..i will reply asap...

hope this is in the right place

Edited by minnie74
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was this just a letter or have they made a levy on any goods outside the house? I.E. car or garden items?

the coulcil CAN take the debt back especially as you are on a low income.

 

dont worry about them asking for the full payment as they always ask for this, and in my experience...they never get it.

im not sure if bailiffs are governed under the OFT's Debt collection guidance or not. ( im sure Hallowitch may know under her guidance of Shiela);)

 

it states there Physical/psychological harassment 2.5 (f) 'pressurising debtors to pay in full, in unreasonably large instalments, or to increase payments when they are unable to do so'

 

please dont be pressured by these people and DO NOT let them into your house or open a door or window to them. unless you have signed a levy with them (reading your post you have not) then they have NO legal right to enter your home. but once they are in its a whole different ball game.

I'm no expert in things really but i do have 36 years of experience in life, and some of those years fighting off bailiffs.

Nicknamed Victor Meldrew among friends as i love to complain!;)

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Please please can some one help me. A bailiff from Rossendales came around 2 months ago and my husband signed a walking possession agreement with out knowing what it was. I filled in the form about our income and out goings and sent it back to them with an offer of paying them £20 a month as we are on a low income and trying to paying off other debts. They sent us a letter asking for £120 a week which we could not afford to pay. My husband contacted them and said we could not pay this amount but they were not interested in listening. The next thing while I was out a bailiff came around and left a Magistrates Liability order/ Distress Warrent for £1473.89 and the bailiff contact name and number.

 

My husband phoned the bailiff (Stev Curnow) and asked him if we could pay instualments but the bailiff said no and he wanted the full amount in 7days. So my husband contacted the Rossendales office and they said that the bailiff could except instualments. After leaving several voicemail messages Stev Curnow got back to my husband and he in formed Stev that we could only raise £550. He excepted this amount and met my husband at his work place to collect the money. But he would only take £535 and not the remaining £15 pounds as it was in change of £1 coins. He said it was incoveneant to take the change. My husband again offered to pay Stev instulments each month which he would not except unless we payed him £900. (wich ment we had £400 to find) He said he wanted this to be payed by the monday. (4 days latter)

 

Stev Curnow then contacted my husband today (monday) and my husband told him that we can not raise that amount of money in such a short amount of time and would he give us longer. Stev Curnow would not give us more time and told my husband that he would be around to the house on Wednesday to empty our house of goods.

 

We just can not find this amount of money and I do not know what to do now. We have 3 children aged 12 years, 18 months and 5 months and I need to be able to feed and clothe them. I am really scard they are not even going to be able to have Christmas prescents.

 

Please Please can some one give me some advice. ASAP as this Stev Curnow is coming around in 2 days.

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Please please can some one help me. A bailiff from Rossendales came around 2 months ago and my husband signed a walking possession agreement with out knowing what it was. I filled in the form about our income and out goings and sent it back to them with an offer of paying them £20 a month as we are on a low income and trying to paying off other debts. They sent us a letter asking for £120 a week which we could not afford to pay. My husband contacted them and said we could not pay this amount but they were not interested in listening. The next thing while I was out a bailiff came around and left a Magistrates Liability order/ Distress Warrent for £1473.89 and the bailiff contact name and number.

 

My husband phoned the bailiff (Stev Curnow) and asked him if we could pay instualments but the bailiff said no and he wanted the full amount in 7days. So my husband contacted the Rossendales office and they said that the bailiff could except instualments. After leaving several voicemail messages Stev Curnow got back to my husband and he in formed Stev that we could only raise £550. He excepted this amount and met my husband at his work place to collect the money. But he would only take £535 and not the remaining £15 pounds as it was in change of £1 coins. He said it was incoveneant to take the change. My husband again offered to pay Stev instulments each month which he would not except unless we payed him £900. (wich ment we had £400 to find) He said he wanted this to be payed by the monday. (4 days latter)

 

Stev Curnow then contacted my husband today (monday) and my husband told him that we can not raise that amount of money in such a short amount of time and would he give us longer. Stev Curnow would not give us more time and told my husband that he would be around to the house on Wednesday to empty our house of goods.

 

We just can not find this amount of money and I do not know what to do now. We have 3 children aged 12 years, 18 months and 5 months and I need to be able to feed and clothe them. I am really scard they are not even going to be able to have Christmas prescents.

 

Please Please can some one give me some advice. ASAP as this Stev Curnow is coming around in 2 days.

 

 

is this for council tax?

dont let rossendales bully you into paying what you cannot afford, ive had dealings with these people and they are not nice.

they want money and they dont care if its christmas or not.

i wont pay them anymore, i pay direct to the council...

dont let these people intimidate you. dont get scared...

if its for council tax keep paying the council...i would not pay rosendales a penny...

most of the money they take goes to their fees...

they can call at my home but they wont get in...

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Yes this is for council tax. When I went on maternity leave after giving birth to my 18 month old we began to have money problems and got our selfeves behind payments.

 

So if I pay the council direct will that mean they will call off this Steve Curnow guy from coming around. The ony thing is I just do not have any money left to pay the council this month as we have given Rossendales all the money we can find this month. (I had to take a lone out from a door stop company to find some of the £550 that was paid last week.) I wish I new about this site las week it has been really usefull.

 

The only thing is I am scard of this Steve Curnow, after being told by my husband what he is like and watching him on youtube. I will have 2 babies at home with me on wednesday and I am afraid for us all. Would it be better if we were out?

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Yes this is for council tax. When I went on maternity leave after giving birth to my 18 month old we began to have money problems and got our selfeves behind payments.

 

So if I pay the council direct will that mean they will call off this Steve Curnow guy from coming around. The ony thing is I just do not have any money left to pay the council this month as we have given Rossendales all the money we can find this month. (I had to take a lone out from a door stop company to find some of the £550 that was paid last week.) I wish I new about this site las week it has been really usefull.

 

The only thing is I am scard of this Steve Curnow, after being told by my husband what he is like and watching him on youtube. I will have 2 babies at home with me on wednesday and I am afraid for us all. Would it be better if we were out?

 

if it was me i would go to an upstairs window and take a photo of him

and try to record anything he has to say to you as long as your door is locked there is nothing he can do DONT be bullied or intimidated by this man

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Hello,

 

Hope someone can help.

 

I have received this morning a distress notice from Newlyn.

 

I was originally contacted by Haringey council and explained to them that the council tax debt was from previous tenants and could they send me a breakdown of charges/dates and also the account no. and sort code so i could make a payment.

She asked me to email - which i did on 12th November and again 11 days later and again today.

Have never had a reply from them but have recieved this notice from Newlyn.

 

I'm really not sure what i could do. If you have any advice i would much appreciate it.

 

Best regards

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Yes this is for council tax. When I went on maternity leave after giving birth to my 18 month old we began to have money problems and got our selfeves behind payments.

 

So if I pay the council direct will that mean they will call off this Steve Curnow guy from coming around. The ony thing is I just do not have any money left to pay the council this month as we have given Rossendales all the money we can find this month. (I had to take a lone out from a door stop company to find some of the £550 that was paid last week.) I wish I new about this site las week it has been really usefull.

 

The only thing is I am scard of this Steve Curnow, after being told by my husband what he is like and watching him on youtube. I will have 2 babies at home with me on wednesday and I am afraid for us all. Would it be better if we were out?

this is terrible you should never be left feeling in fear in your own home its supposed to be one the only places where you feel at your safest...i would contact the council and tell them about this how you are feeling threatened in your home they probably will not do anything but at least it will be on their record also contact your mp's councillors and any other form of person who is supposed to look out for you in your community also can a bailiff put pressure on you to take a loan out so you can make a payment think i have read somewhere that a bailiff cant pressure you to get into more debt to pay them..if this is wrong please someone correct me...wish you all the best with this real am feeling for you..take all the advice you get from here there is some truly wonderful people on here who will help you all the way..

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Yes this is for council tax. When I went on maternity leave after giving birth to my 18 month old we began to have money problems and got our selfeves behind payments.

 

So if I pay the council direct will that mean they will call off this Steve Curnow guy from coming around. The ony thing is I just do not have any money left to pay the council this month as we have given Rossendales all the money we can find this month. (I had to take a lone out from a door stop company to find some of the £550 that was paid last week.) I wish I new about this site las week it has been really usefull.

 

The only thing is I am scard of this Steve Curnow, after being told by my husband what he is like and watching him on youtube. I will have 2 babies at home with me on wednesday and I am afraid for us all. Would it be better if we were out?

 

thts what these people do from rosendales, bully you into paying what you dont have, they dont care how you get the money..they dont care if you get yourself into more debt, all they want is money,something should be done about these people,i dont know how they live with themselves doing this type of job...

you should never take out a loan just to pay these robbing theives..

dont answer the door to this person...

get in contact with your local MP and ask him to look into this matter..and tell him everything...you can look up your local MP online..and email him..i have, and my MP is looking into mine...

Are you on any hosuing benefits, or help with your council tax?

 

No not necessarily the council will call off this baliff, but it shows you are making an effort into paying council tax..

i wont pay any more money to rossendales, i pay my council tax, of which i can afford to the council...i dont see why i should pay these baliffs fees..

go into the council offices, and explain to them what is happening, have you had any letters from the council saying they were passing this matter to baliffs?

dont ever get yourself into these doorstep loans you will be forever paying it back...

thats what happenes these baliffs intimidate people so much, to get money, we go into despair...

i feel its a bad thing how people are frightened and scared so much by these baliffs, it should not be allowed to happen.

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Hello,

 

Hope someone can help.

 

I have received this morning a distress notice from Newlyn.

 

I was originally contacted by Haringey council and explained to them that the council tax debt was from previous tenants and could they send me a breakdown of charges/dates and also the account no. and sort code so i could make a payment.

She asked me to email - which i did on 12th November and again 11 days later and again today.

Have never had a reply from them but have recieved this notice from Newlyn.

 

I'm really not sure what i could do. If you have any advice i would much appreciate it.

 

Best regards

 

its not your responsibility to pay someones else's debt..

contact your local CAB office.,

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Thanks for the reply honeysuckle weeks,

 

They say because it's my property i am liable. And it is now with Newlyn and they can not do anything about it.

 

Also, i contacted Haringey again today and asked why none of my emails had been responded to.

 

Is there anything i can do about that? I never ignored their letters.

I believe the delay has resulted in Newlyn attending today.

 

Best regards

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Thanks for the reply honeysuckle weeks,

 

They say because it's my property i am liable. And it is now with Newlyn and they can not do anything about it.

 

Also, i contacted Haringey again today and asked why none of my emails had been responded to.

 

Is there anything i can do about that? I never ignored their letters.

I believe the delay has resulted in Newlyn attending today.

 

Best regards

 

if you were not living at that property at the time, how can you be liable..the council need to chase the owners of the property before you...

you need to go into the offices, a lot of the time, the council do not respond..

so they are saying everyone is responsible for others council tax, even tho we did not live there, dont make sense to me...

they need to make a new assesment of council tax for new owners.

what about your previous housing, you paid council tax there?

tell them you paid council tax at your previous place and give dates etc...it would seem your paying double council tax, and thats not right...it would seem they are not doing their job properly and need to chase previous owners.

contact CAB...

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Thanks again,

 

Sorry i did not explain properly.

 

I was staying there for a period of the time and the other rooms were rented out. The other tenants names were on the council tax bills.

 

So from my calculation i only only owe £330 for the period i was there but the total they told me was close to £3000!!

 

I dont mind paying what i owe but what about the outstanding.... am i still Liable?

 

Best regards

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every possibility that you could be held responsible

 

can you prove that you lived at a previous address for some of the time

 

send them a subject access request this will cost you £10 and it can take up to 40 days

 

    Joint and several liability: enforcement
    54.—(1) This regulation has effect with respect to the application of regulations 33 to 53 to a sum for which persons are jointly and severally liable under Part V.
     
    (2) In this regulation, "joint taxpayers" means two or more individuals who are jointly and severally liable to pay an amount in respect of council tax.
     
    (3) A final notice served in accordance with regulation 33 on every person against whom the application for a liability order is to be made may be addressed to two or more joint taxpayers in joint names.
     
    (4) A liability order may be made against one or more joint taxpayers in respect of an amount for which they are jointly and severally liable.
     
    (5) Where a liability order has been made against two or more joint taxpayers, subject to paragraph (6)—
      (a) an attachment of allowances order or an attachment of earnings order may be made against one of them, or different such orders may be made against more than one;

      (b) a distress may be made against one or more of them; and

      © a charging order may be made against one of them, or against more than one jointly, or different such orders may be made against more than one of them (as the circumstances require).

    (6) Where a liability order has been made against two or more joint taxpayers in respect of an amount, steps by way of any method specified in paragraph (5)—

      (a) may not be taken in respect of one of them while steps by way of that or another of those methods are being taken in respect of another of them; and

      (b) may be taken in respect of one of them notwithstanding that no steps by way of that or another of those methods have been taken in respect of another of them.

    (7) Where a distress has been made against two or more joint taxpayers in respect of an amount a warrant of commitment may, subject to paragraph (8), be applied for at any time against one of them or different warrants may be applied for against more than one of them: but no such application may be made in respect of any of them who has not attained the age of 18 years.

     

    (8) Where a liability order has been made against two or more joint taxpayers in respect of an amount, a warrant of commitment may not be applied for unless—

      (a) distress has been made against all of them; and

      (b) the person making the distress reports to the authority that, in relation to each of them, he was unable (for whatever reason) to find any or sufficient goods.

    (9) Where a liability order has been made against two or more joint taxpayers in respect of an amount, and a warrant of commitment is issued against (or a term of imprisonment is fixed in the case of) one of them under regulation 47(3), no steps, or no further steps, may be taken against any of them by way of attachment of allowances or earnings, distress, bankruptcy or charging in relation to the amount mentioned in regulation 47(4).

     

    (10) Where a liability order has been made against two or more joint taxpayers in respect of an amount and in making distress against one of them goods jointly owned by both or all of them are found, distress may be levied against those goods with respect to that amount; but in any subsequent proceedings under regulation 47 (commitment), charges arising under Schedule 5 from such a distress shall be treated as charges relating to the person against whose goods the levy was intended to be made when the joint goods were found, and not as charges relating to the other or others.

     

    (11) Where a liability order has been made against two or more joint taxpayers in respect of an amount, paragraph 2(2) of Schedule 5 shall have effect so that if a charge has arisen against one of them under head B of the Table in paragraph 1 of that Schedule as regards a levy in respect of it, no further charge may be aggregated for the purposes of regulation 45(2) under heads A or B in consequence of any subsequent levy or attempted levy against any of them in respect of that amount; and if a charge has arisen under head A against one of them, it shall be treated as a charge under that head with respect to the others as well as that one for the purposes of the calculation of any subsequent charge under heads A or B against any of them.


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Please can any one help me!!!

 

A bailiff came to my home and agained access tried to remove goods for an unpaid counil tax debt.the police arrived and he said hey has a liability order to remove goods but in the end we paid him x amount and he left and said we have 9 days to pay the rest or he will come in and remove goods even if no one is home.

Ive read that they need a levey to do this but i am not sure if he made list of goods and i did not sign anything before he left giving him walk in access please can some give me any advice

 

Thanks

Dec

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Hello, first time poster, and hope you can help.

 

By way of info. we purchased a property near to my parents. The property was smaller than my parents and they agreed to move into it as it had a toliet downstairs for my mother who is disabled. This was done a number of years ago, and we started paying the council tax for the house we were now living in by standing order (#55), and my parents started to pay council tax for the house they were living in (#49).

 

This April my father whilst on holiday found out that the company that he worked for had gone belly up and he had been made redundant. he decided to extend his vacation. In May I checked his post and discovered that he had rec'd a summons for non-payment of council tax. I called Harrow Council and advised them that my father was away and would not be returning for the foreseeable future (open ticket). I agreed to bring my father's council tax up to date, and done so, inc. summons costs. I then asked whether the names on 49 could be changed from mine to my father's so he could start paying the council tax by standing order. I was advised that this needed to be done by letter, which I did. I have since sent 5 letters to the council responding to their queries, etc. They still haven't managed to change the name on 49 to my parents.

 

In the meantime, and despite calls to Harrow Council, they have decided to send Newlyn Baliffs to collect (what is essentially my debt) from my parents at 49.

 

Following the bailiff's visit, to whom I explained the situtaion in full over the telephone, Harrow Council who the bailiff spoke to, suspended the debt for 21 days for enquiries.

 

We went to our councilillor, who was amazed why the names couldn't be changed, but advised us to pay the debt, which we did in full, and he would take the matter up on our behalf. This was 6 weeks ago, and we have heard nothing from him or Harrow Council. We have however, heard from Newlyn, who visited 49 again, despite them knowing from the first visit that, the debt, which is still mine as Harrow Council have not changed the name, live down the road at 55! The bailiff left a note saying that we owed £242.50 bailiff fees and that he would be returning some 3 days later to take goods from 49, i.e., my father's not mine!

 

After reading the CAG forums I sent Newlyn a letter asking them for a breakdown of the fees, as I believed there were excessive. I asked them to send a reply to 55 not 49. They initially sent their responte to 49, which we returned. Yesterday, I received a response at 55 from Dan Rose, senior correspondence officer. I attach a copy.

 

From what I've read on that CAG forums, I think there fees are wrong. Just to be clear, my parents have not signed bailiff forms. The first bailiff spoke to Harrow Council and then left after hearing the background to the debt. The debt was then paid. A Newlyn bailiff then came back to 49 to about the debt which had now been paid in full. I sent a letter to Newlyn querying the bailiff fees. We recevied a number of letters at 49 which were sent back. Yesterday, I received the attached letter at 55. Finally, I have heard from parents, that the bailiff is planning to visit my parents property 49 tomorrow re the unpaid debts. Can anyone shed any light. In particular, are there levy fee of £55 and enforcement fee of £145 correct. Even the visit fee 2, seems unfair, given the debt was paid. As you can see the original debt was for £1,050.

 

Thanks all in advance.

Newlyn_071209.pdf

Edited by 4849Pepe
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you have left a reference number on your letter please remove it for your own protection bailiffs read these forms

these are the regulations they are talking about in there letter

 

THE COUNCIL TAX (ADMINISTRATION AND

ENFORCEMENT) REGULATIONS 1992 (SI 1992/613 AS

AMENDED BY SI 1993/773, SI 1998/295, SI 2003/2211, SI 2006/3395 AND SI 2007/501

(SCHEDULE 5)

NOTICE OF

CHARGES CONNECTED WITH DISTRESS

1. The sum in respect of charges connected with the distress which may be aggregated under

regulation 45(2) shall be set out in the following Table-

(1)

Matters connected with distress

(2)

Charges

A For making a visit to premises with a view

to levying distress (where no levy is

made) –

i) where the visit is the first or only such

visit £24.50

ii) where the visit is the second such

visit:£18

 

 

2.—(1) In heads A and B of the Table to paragraph 1, "the relevant amount" with respect to a visit or a levy means—

  • (a) where the sum due at the time of the visit or of the levy (as the case may be) does not exceed £100, £12.50,

  • (b) where the sum due at the time of the visit or of the levy (as the case may be) exceeds that amount, 12½ per cent. on the first £100 of the sum due, 4 per cent. on the next £400, 2½ per cent. on the next £1,500, 1 per cent. on the next £8,000 and ¼ per cent. on any additional sum;
  • (2) Where a charge has arisen under head B with respect to an amount, no further charge may be aggregated under heads A or B in respect of that amount.

and the sum due at any time for these purposes means so much of the amount in respect of which the liability order concerned was made as is outstanding at the time.

 

=========================================================

basically they come to your house to levy goods and don't get a levy they can charge £24.50 if they get a levy they charge a levy fee and a walking possession fee but not the £24.50 visit fee

 

same rule applies to 2nd visit

 

if they don't get a levy they cant charge you any more fees no matter how many times they come to your home

 

if they get a levy they can charge a walking possession fee £12 and a levy fee the levy fee is worked out on the amount of the debt

 

where the sum due at the time of the visit or of the levy (as the case may be) does not exceed £100, £12.50, that should be £24.50 it was changed in 2006

when a bailiff charges a walking possession fee and a levy fee he cant charge a fee for any thing else the same day (van fee /enforcement fee and any other fee they care to make up:rolleyes:)

 

they cant charge a 1st or 2nd visit fee after a levy fee either in these regulations

 

obviously they have never been in your parent home to levy goods

they may have levied a vehicle if they have they should have left a notice of seizure of goods and inventory with the car make and registration

 

there is no such thing as an enforcement fee

your charges should be dated

 

date of 1st visit

date of 2nd visit ECT

 

 

 

 

 

 

Edited by hallowitch
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Has the refr been moved ?

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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p7 Protected goods

Since the writing of the code statute has been amended to specify those goods

which may not be seized in levies for council tax (S11993/773 amending reg.

45(1 )(a)). These are:

♦ such tools, books, vehicles and other items of equipment as are necessary for

use personally by the debtor in his/her employment, business or vocation; and,

♦ such clothing, bedding, furniture, household equipment and provisions as are

necessary for satisfying the basic domestic needs of the debtor and his/her

family.

The latter category of exemption also applies to distress for NNDR.

as i start work at 5am and the only other way for me to get there is to get a train at 11pm the night before, arriving at work at about 2am, with a 1 hour walk at each end, would my car be covered by this

I won £5289 heres how

 

http://www.consumeractiongroup.co.uk/forum/natwest-bank/40703-saint-luco-natwest.html

 

 

ITS NOT WHETHER YOU WON OR LOST, BUT HOW YOU PLAY THE GAME THAT MATTERS. ( OBVIOUSLY A LOSER THEN):D :D :D

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sounds like you are in the same situation as myself with Bristow and Sutor.

they too have over charged me in fees.

 

Detailed Assessment Judgment of Throssell v Leeds City Council where the District Judge ruled as follows:

“Turning to the taxation it seems to me that notwithstanding the fact that there were three liability orders but one visit was made by one bailiff and the maximum that the Council’s reasonable charges can be is the result of applying the formula contained in Schedule 5 paragraph 2 (1) (b) of the Regulations”

 

they cannot charge so many fees if only one visit is made

as for your car how old is it? I.E. would the sale of it actually cover a large percentage of the bill anyway?

a vehicle should only be removed if the proceeds of sale provide that there would be a surplus available to the liability order after deductions for the bailiff fees, , removal storages and auctioneers fees.

I'm no expert in things really but i do have 36 years of experience in life, and some of those years fighting off bailiffs.

Nicknamed Victor Meldrew among friends as i love to complain!;)

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... also can a bailiff put pressure on you to take a loan out so you can make a payment think i have read somewhere that a bailiff cant pressure you to get into more debt to pay them..if this is wrong please someone correct me...

Hi tottys, hope you are well.

You are absolutely correct. It is against the guidelines for a bailiff to coerce somebody into taking a loan to pay them. It does the person no good whatsoever and the answer to the bailiff on that point should always be NO!

The post you were replying to is a perfect example. They've been forced to feel that they had to take out a 'door step' loan to pay the bailiff. This will, probably, be a very expensive loan. Debt compounding debt. Not helpful and the bailiff should be strung up by his nether regions and pelted with unmentionables.

Yes, this practice does irritate me!

Rae

Edited by RaeUK
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