bailiffs and sheriffs

[MARTIN3030]

I was trying to look a little closer at some of the rules.

Basically the list of things Baliffs cannot touch are things that are essential for everyday needs.

Surely transport for a disabled person would fall under that.

I even found stuff I did not know about,for example they could still take a car car from a taxi driver I thought that was a tool of trade but the arguement is that he could go out and hire one.

I read another story where baliffs tried to take a stretch limo from limo company he claimed was a tool of trade......they told him he could hire another.

It was found that he would not be able to get insurance for a hired one so they couldnt take it.

These are examples how the bloody rules are so unclear how is anyone supposed to know their rights?

 

I was looking at the human rights act as there has to be something there,but again its looking as though it has to be determined who is and isnt the owner of this car.

[paulson1985]

No freebird they cant touch the car at all there just bullying you .

 

It is not your car,

 

My mum had a car on this scheme , I was

the registered driver but when she died they took the car back as her disability paid for it .

 

 

I was asked if I wanted to buy it but could not afford to and so it went.

[chrismc]

Martin / Freebird

 

This is taken form Manchester City Councils website and is classed as their Bailiffs Code of Practice:-

 

The bailiff should at all times use his professional judgement to refer back to the Council if he considers that, due to the personal circumstances of the debtor, it would be inappropriate to proceed to levy distress. In particular, cases such as:

1. Appears to be over 70 years of age and it appears may be easily confused
   
2. Appears to be severely physically or mentally ill, severely disabled or suffering mental confusion
   
3. Has young children and severe social deprivation is evident
   
4. Is disputing liability or claims to have paid, applied for rebate, discount or any other relief not yet granted, recommend, levy distress and then report to the Council
   
5. Is heavily pregnant
   
6. Is in mourning due to recent bereavement (within three months)
   
7. Is having difficulty communicating due to profound deafness, blindness or language difficulties
   
8. Is unemployed and provides proof that they are in receipt of Income Support or Job Seekers Allowance (Income Based), payments from the Department of Works and Pension (DWP) and details are obtained of the debtors National Insurance number
   
9. Is consulting his or her local councillor or Member of Parliament
   
10. Long term sickness or serious illness including the terminally ill

I think this needs pointing out to them next time they come!! There are a number of points here that would help Freebird, if these are in their CoP then it is because the problems have cropped up before and caused problems.

 

 

Also note Item 9 - that will surely give Freebird a way to escalate her case to a higher level and therefore try and get the bailiffs withdrawn

[chrismc]

and this is taken from the (The Council Tax Administration and Enforcement) Regulations 1992

 

 

ln the case of Council Tax debts, no goods should be removed from sale which fall within the categories listed in (The Council Tax Administration and Enforcement) Regulations 1992 (as amended) being:

1. Basic clothing, beds, bedding and household linen
   
2. The main form of cooking - if the debtor has a cooker and a microwave oven, it would be in order to seize the microwave oven. If the debtor only has a microwave oven, this must not be seized.
   
3. Fridges, freezers and essential room heaters
   
4. Dining table and chairs
   
5. Washing machine, vacuum cleaner and iron
   
6. Toys primarily for the use of any child who is a member of the debtor's household
   
7. Articles reasonably required for the care or upbringing of a child who is a member of the debtor's household (a car for a disabled child??????)
   
8. Medical aids or medical equipment reasonably required for the use of the debtor or any members of the debtor's household
   
9. Articles which are required for safety reasons in the home
   
10. Any goods bought with a Social Fund loan or grant ????
    
11. Any items of a personal nature with a nominal or no cash value, for example, videos of family occasions, family photographs / pictures, etc.
    
12. Any other items protected by law
    
13. Such tools, books, vehicles and other items of equipment as are necessary to the debtor for use personally by him / her in his / her employment or business

[chrismc]

(The Council Tax Administration and Enforcement) Regulations 1992

Only goods belonging to the debtor may be seized, goods subject to higher purchase or credit sale will not be removed in accordance with the Consumer Credits Act 1974.

[freebird]

thanks again for all your kind help gang, I'm going back to the car dealer tomorrow for confirmation of ownership and asking motability also for their stance on this. As far as I'm concerned, motability finance own the car, my daughter's DLA makes the monthly payments and I am the registered keeper and driver.

So it's definately NOT MINE for them to clamp or take. !

I've emailed the debt collectors/bailiffs again with a copy of the original letter I sent requesting the S7, awaiting their reply

cheers,

[MARTIN3030]

Good move.

 

If you read this before you go,dont forget to ask them to put something in writing for you there and then.......a couple of lines will do.

 

To whome it may concern,we confirm that this vehicle reg no.........

is owned by .................

Any enquiries relating to doubt as to the above should be directed to.........at this office,

 

 

There is of course always the possibility that the baliff himself/herself is not fully sure as to who the owner of the car really is.

If it was their intention to scare you by threats to clamp it,then it has worked but its essential not to let them see that.

Did you manage to get the letter to the bank ?

I am aware that behind the scenes quite a lot is going on to help you through this.

I hope you will keep people informed here who have genuine concerns about you and would equally do more if they were in a position to do it.

(by this I mean close to Merseyside)

 

Have a good day today..........its Sunday again and a day when mums should put their feet up.

While I know thats difficult for you to do,I hope you can find ways around being able to do it.

[freebird]

Hya Martin, thanks for your advice, will do.

It's good to have people close by who can help physically ( thanks mjanet) but you know it's good too to have an online community here too who rally round and, know and feel when another member is in fear of "sinking".....you all picked up my threads and near and far, you all jumped in to help out. I'm really touched, deeply by this because sometimes my faith in humanity is tested and through years of trauma and let downs beleive me, I sometimes wonder who we cantrust and lean on.....This place is a God send, especially for posters like me who don't actually have practical support to hand !

I'm a full time carer/Mum and voluntary worker for the Liverpool Parents & Carers Forum, a group of parents of children with disabilities, who support each other and try to effect change within children's services to make sure that our children's needs are met, I'm also a trustee of Down Syndrome Liverpool, and on various forums and committees for disability/parenting issues..so I know just how much support is appreciated.....I know my stuff when it comes to shouting up for disabled people but when it comes to money/financial issues and the law etc....I go to pieces.......and I'm useless at maths too !

 

You guys on here are the best and I'm so very grateful to you all, morning, noon and night there's always someone around to help out !

Thanks again Martin and all the admin, mods and helpers on here

[freebird]

yes it's Sunday too...hurray. windows open and kids can play out in the yard.........!!!!!!!!!!!!

going to Widnes I think as the kids like bmx'ing and their Dad will take them but I give them a lift to fit the bikes in the boot......me and the littl'un can walk around the shops, till they're ready to be picked up again.

Sunday..the day to get stuff prepared for the battle tomorrow..lol.....

[freebird]

GUESS WHAT, AFTER SEARCHING i FOUND MY ORIGINAL PARKING TICKET FOR LAST SUMMER, i'LL TAKE A LOOK AT THE PARKING TICKET THREAD TO CHECK OUT IT'S VALIDITY !

[MARTIN3030]

Thats good news!

Hope you had a good day.........wasnt it bloody warm?

 

 

We went to the car boot at Burscough was no sunshine but so humid.....bet you could have fried an egg in it ha ha.

[rambo]

Freebird, if you need to talk and it's the middle of the night call me, I cannot belive how these guys are treating you, I work nights and am always working so call me if you just want someone to listen.

[freebird]

Yes. Martin sweat drippin, the older two were BMXin and I walked around the parll about 20 times...lol...and couldn't get little'un off the swings etc......some of the older teenagers started hanging around with the booze so we beat it !

 

Rambo, thanks mate, very kind of you..yes they're the pits but with the help of all you lot on here, I'm challenging them and even the validity of the original ticket now...swines.....

 

Zooman, letter to bailiffs and copy to the Council went off in 2 recorded delivery letters today.. I'll await their reply eh ? thanks again for your help chuck.

[MARTIN3030]

Good to see you got things moving.

 

Lets hope soon they will start to get the message.I dont know which firm of baliffs are calling on you freebird but take a look at this link.

In particular the codes of practice they lay down for members.

 

they make references also to the 1995 disability act and also note the point about not giving details or passing comments to neigbours.

I only found this today.

 

Many of the firms that keep coming up on the forum has got their name as registered here.

Also some info about debt buying and selling.......another 1 I aint heard of before.

UK Members' List

[JonCris]

Yeah & most of them appear to fail to operate within their own rules

[JonCris]

Yes. Martin sweat drippin, the older two were BMXin and I walked around the parll about 20 times...lol...and couldn't get little'un off the swings etc......some of the older teenagers started hanging around with the booze so we beat it !

 

Rambo, thanks mate, very kind of you..yes they're the pits but with the help of all you lot on here, I'm challenging them and even the validity of the original ticket now...swines.....

 

Zooman, letter to bailiffs and copy to the Council went off in 2 recorded delivery letters today.. I'll await their reply eh ? thanks again for your help chuck.

Freebird xx

 

Freebird what's the name of the Bailiffs?

[MARTIN3030]

Yeah & most of them appear to fail to operate within their own rules

 

 

Dunno JC I was a little impressed to read their codes of conduct for complaints.

 

They say that they have the power to issue whatever action against members.

After warnings they even suggest a complaint to the OFT and expulsion from the association.

 

I am impressed,and will fire off a letter to them to seek clarification of this.

[Guest Zooman]

Freebird has active issues and I advise her not to post the name of the firm at this point.

[MARTIN3030]

Point taken Ashley.

[freebird]

As Zooman said, best not mention actual name but suffice to say, Martin I don't see them on the list on your link !!!!!

[MARTIN3030]

I am quite sure with Ashleys help you wont need my list

 

 

[JonCris]

Dunno JC I was a little impressed to read their codes of conduct for complaints.

 

They say that they have the power to issue whatever action against members.

After warnings they even suggest a complaint to the OFT and expulsion from the association.

 

I am impressed,and will fire off a letter to them to seek clarification of this.

 

I'm not.

Having dealt with many of these types of "Self Regulators" I can assure you they only exist to try & head off more stringent statutory regulation.

 

As we know most if not all of these DCA'a breach one or more their "rules" everyday so if they did enforce their code they would very soon run out of members

 

Also they should pay the OFT for copywrite as their code of conduct is lifted straight from the OFT guidelines & is nothing new

 

Ask them the last time they expelled a member

[JonCris]

Freebird has active issues and I advise her not to post the name of the firm at this point.

 

Why on earth should she not tell us. We all have active issues with someone but we all willingly disclose them on this site

 

That's the same as saying don't mention the bank/lender to compare notes.

 

To not name these people is in part to defeat the object of this site as there may be others on here or about to join who are also dealing with these people who may or may not have particular information about the DCA

[elsinore]

I agree. Someone else might have had specific dealings with those bailiffs and therefore might be able to assist freebird in solving her problem.

 

However, freebird did concur.

 

Elsinore

[seylectric]

Agree entirely. Name and Shame 'em.

 

As long as you stick to the facts, we NEED to know what these bandits are up to. Until recently most people were frightened of fighting back, ashamed of their problems and so on. More and more people are realising that we are being ripped off and it's not us that are "guilty" of getting into debt but the banks, DCA's bailiffs and so on that are illegally charging us and adding to our debt. Now we are fighting back we need to know how, which is where this site comes into it's own, but more importantly we need to know WHO we are fighting and what tactics they are using. The more info and insight we have, the easier it becomes to fight back and to help each other.

 

The tide is turning, don't hold back now.