bailiffs and sheriffs

[JonCris]

1st I think we need you to tell us the full story then you should get some useful advice

 

2nd if you have a Blue Badge then I don't think they are allowed to remove (or clamp) your vehicle

[freebird]

thanks for your reply, sorry I've been out all day, worried that they will come back.

Last Summer I parked in Rhyll on a road where I've parked many times before. single yellow line but lots of other cars there with blue badges.

came back to ticket and saw that my time clock was obscured slightly but didn't think they'd give me a ticket for it.

Fine was £30 and I did not think that it was fair so I didn't pay it. I phoned them and saud that it wasn't fair but they said, pay it or it will go up to £60.

It went up to £60 and then £90.

I still refused to pay it.

I had no toification of it going to court.

The bailfs came a few months ago and threatened to take stuff away but I phoned the mobile number and said if I paid it off monthly would they leave me alone. He said he couldn't arrange that, but I should phone their office. I phoned their office and they said ok I could pay it off monthly, by giro at a pay point.

I think I sent them one payment of ten pounds but havn't sent anything since.

I knew they'd be back and yesterday I went our early in the morning.

Left my liveing room window slightly open for air and when I came back in the evening, the window was open very wide as if someone had tried to climb through and when I got in the house, the net curtains had been pulled to one side as if someone was trying to look or get in !

I didn't want to alarm my two young daughters so I sat with the windows and doors locked, terrified that they would come back !

 

I noticed a letter, which I printed out and stuck to my front door, telling them that I was sending a copy to their office today.....the letter was saying that I had no debt with them and requested documentation to the same !

The worst thing is.......when I was leaving the house today, my neighbour stopped me and asked if she could have a confidential word with me.

She had been passing my house last night and saw a woman leaving my path way, going towards a parked car..she brushed past my neighbour and my neighbour said, is there something wrong and the woman said yes I'm a bailiff and this woman owes us £343 etc. and said to my neighbour, if she'd just have paid the fine in the begining , she wouldn't owe this much now ! My neighbour said to her, you shouldn't be telling me all her business and the woman said where is her car, and my neighbour said, she has the car foro her daughter who is disabled and you can't touch that and the woman said, we can and we will, we'll be here early in the morning to clamp it ! my neighbour, luckily is an old lady who I look out for and she wouldn't gossip about me, but she was then worried sick too.

I was going out very early this morning to avoid them and only just came back in now.....but I'm fuming that they dared to discuss my private life with a neighbour and make even more threats for her to pass on to me !

I'm going out again early tomorrow morning and I'll be out all day. I need the car to get my daughter around, it's on mobility finance, but I have no off road parking so it has to be parked on the opposite pavement by the pensioner's flats.

I just don't know what to do.

I've lost the priginal parking ticket and ditched correspondance from the bailifs, previous to yesterday's.

Any ideas please.

[freebird]

p.s on this boiling hot July evening, my windows, curtains and doors are all locked in fear !

[freebird]

please guys,

I'm going to have to attend to my daughter soon and like last night I think I'll be up and down stairs all night and then up at 6am to get the kids ready so we can disappear for the day, any advice would be appreciated please.

[MARTIN3030]

Mnnn

ok you must continue to keep them out and if you can keep the car out of sight all the better.

So they did not leave any notification today ?

 

You say the original ticket rose to 90.00.

 

As you would have recieved notification of court proceedings the court will say you did not bother to defend either by sending in a defence or turning up.

 

After a court hearing they usually send you notice of any warrants and its normally about 14 days after this that the baliffs make their first contact.

It is going to be quite difficult then to overturn the original penalty.

 

However the concern now is how you deal with things from here.

Moreover how you deal with these baliffs.

 

There are 2 courses of action as I see things which you could take but I dont want to say too much here before checking.

 

In fact there are dedicated baliff busting collegues here you will know maybe better than I who are well briefed on the rules as they apply.

Aside from that there is the issue of the ticket itself.

 

Try not to worry too much the answers will be here no doubt very soon.

[MARTIN3030]

Yoy can be fairly sure they will not return tonight.

And they certainly will not be there at 6 o clock on a Saturday morning !!

 

try to stay calm

 

Someone will answer you soon here

[freebird]

thanks Martin, I'm just feeling isolated and worried sick right now. I'll pay the bloody ticket ! but the jump from £30 to £343 ! how can they justify this ? I'm on my backside cos of the bank taking all my income support and my daughter's DLA, talk about kicking a dog when it's down .....

[MARTIN3030]

Yes I understand....I have been in the same position both with the bank taking all my tax credit and also baliffs.

 

You are naturally worried.

Remember tho....they cannot come into your house.

You are maybe fortunate in that the weekend is here.

There will be lots of advice for you...and I mean advice that will hopefully be some good and put your mind at ease a little.

[freebird]

thanks Martin, do Bailiffs call at weekends ever ?

[MARTIN3030]

They are expected to call at reasonable times I would say Monday to Friday 8-8 is the usual .

They do work on Saturdays but I would expect they visit the big money cases then.

As this is their first visit I dont think you will see them till Monday.

But I think its better being Friday night now.

Theres prob a 90% chance they wont call till after the weekend

[MARTIN3030]

Dunno where everyone is at the moment.....maybe a few have gone out for the night.

 

 

While you have time now,get a piece of paper and begin a log.

Record all the things they say or do.Include the times.

If anything is posted by them keep it together do not throw it away.

[MARTIN3030]

so lets be clear.........

They have not so far been into your house?

 

have they got you to sign anything ?

 

Do you have any idea what the amount was after court ?

[freebird]

They have not been in my house, to my knowledge, unless they climbed through the window yesterday !

I have not signed anything.

Don't know what the amount was after court, I don't even remember it going to court !

[MARTIN3030]

Ok just remember your rights.

 

They cannot come into your house other than by peaceful means.

 

They cannot threaten to bring the Police

 

You have a disabled daughter so I think there would be something here to prevent them taking your car.......you need it to take your daughter for medication/to therapy right?

Must be a human rights breach there somewhere.

 

Stay calm stay cool.

I have to go now as I have made some arrangements earlier.

I have pm a couple of the guys who will help you on their return...of that I am sure.

This time tomorrow I am sure you will feel better.

 

In the meantime....If you want to see some idea of how resiliant we are here have a read at some stories.

 

You wont be alone in this..........most of us on this thread have all been there too

And are now all the wiser in knowing they can be dealt with.

 

Believe me its true!!

[freebird]

thanks Martin for your support. Thanks for being there

[MARTIN3030]

Not a problem

 

Take care nothing will happen tonight now.

And baliffs are no different to anyone else whan it comes to having a pint on a Friday night..............theres no way they will be there rearly doors tomorrow...

if indeed at all over the weekend.

 

Spk tomorrow

 

Put your feet up !!

 

[Recycler]

you wont be pleased to hear that the Govt is slipping through a draft bill while parliaments on holiday

Promises to Unify the law relating to enforcement by seizure and sale of goods, including power of entry to premises;

 

The draft Tribunals, Courts and Enforcement Bill includes a range of Government’s proposals including: reform of the tribunal system; changes to the eligibility requirements for appointment to judicial office; unification of the law relating to enforcement by seizure of goods; measures to increase the effectiveness of the enforcement of civil court judgments; and measures to protect the over-indebted. It was published on 25 July 2006.

 

http://www.official-documents.co.uk/document/cm68/6885/6885.pdf

 

[paulson1985]

Freebird

 

Please try not to panic I know it is hard for you but try and keep calm.

 

Firstly the bailiff cannot take your car it is for your disabled daughter and they cant touch it.

 

Secondly do not ever let them in your home ever dont answer the door to them and more importantly do not sighn anything.

 

Thirdly on Monday morning go to your local CAB office first thing, I doubt very much you will get a visit on Saturday but just in case make sure your windows and doors are shut just keep the top windows open and be very wary just in case.

 

I know how hard it is for you believe me but try and keep calm for your children if you are worried just pm with your phone number and I will phone you and try to help.

 

I have been thriugh this myself and understand how you feel Martin is a star and so is Chris but if you need to talk to a girl about your fears I will do my best.

Try not to worry

[dolly]

I am so sorry I have been out tonight or else I would have been here to try and help you.

 

I've only read the thread really quickly but you must report her for telling the neighbours that she was a bailiff. I know it is the last thing on your mind at the moment but once this is over with you really must, at least to get your own back.

 

Elisnore is REALLY hot on bailiff issues and will know exactly the things you can do and Paulclarkson (posted above) has really recent experience so knows a lot. Chrismc, I think, is also great.

 

I am trying to look up things that might help so bear with me.

[dolly]

OK - here is something that might help (shamelessly stolen from a post earlier in this thread by ChrisMc)

 

Vulnerable situations

• Enforcement agents/agencies and creditors must recognise that they each have a role in ensuring that the vulnerable and socially excluded are protected and that the recovery process includes procedures agreed between the agent/agency and creditor about how such situations should be dealt with. The appropriate use of discretion is essential in every case and no amount of guidance could cover every situation, therefore the agent has a duty to contact the creditor and report the circumstances in situations where there is potential cause for concern. If necessary, the enforcement agent will advise the creditor iffurther action is appropriate. The exercise of appropriate discretion is needed, not only to protect the debtor, but also the enforcement agent who should avoid taking action which could lead to accusations of inappropriate behaviour.
  
• Those who might be potentially vulnerable include:
  • the elderly;
    
  • people with a disability;
    
  • the seriously ill;
    
  • the recently bereaved;
    
  • single parent families;
    
  • pregnant women;
    
  • unemployed people; and,
    
  • those who have obvious difficulty in understanding, speaking or reading English.

Here is the link if you want it Department for Constitutional Affairs - Enforcement - National Standards for Enforcement Agents

[chrismc]

She had been passing my house last night and saw a woman leaving my path way, going towards a parked car..she brushed past my neighbour and my neighbour said, is there something wrong and the woman said yes I'm a bailiff and this woman owes us £343 etc. and said to my neighbour, if she'd just have paid the fine in the begining , she wouldn't owe this much now ! My neighbour said to her, you shouldn't be telling me all her business and the woman said where is her car, and my neighbour said, she has the car foro her daughter who is disabled and you can't touch that and the woman said, we can and we will, we'll be here early in the morning to clamp it ! my neighbour, luckily is an old lady who I look out for and she wouldn't gossip about me, but she was then worried sick too.

I was going out very early this morning to avoid them and only just came back in now.....but I'm fuming that they dared to discuss my private life with a neighbour and make even more threats for her to pass on to me !

I'm going out again early tomorrow morning and I'll be out all day. I need the car to get my daughter around, it's on mobility finance, but I have no off road parking so it has to be parked on the opposite pavement by the pensioner's flats.

 

Free bird....this is terrible, not been on here much today at all, so I am just catching up and I haven't had time to read everything, but what you stated above is totallly out of order and they are definately breaching their terms of engagement.

 

 

This is what I suggest you do, doubt they will return this weekend, but you can never be sure, call tomorrow 0808 808 4000 National Debt Helpline they are very good and very sympathetic. It may take a while to get through but keep at it.

 

Tell them everything you have told us but make sure you lay it on thick about your disabled daughter and especially that they have discussed your personal business with a neighbour. That one point alone could get them withdrawn from the case.

Next report back here when you have spoken to them, I am sure they will be able to help. But in the event they cannot, you need to take action against these, first report what has happened Monday morning to Association of Civil Enforcement Agencies Tel 01242 241456 they can act on this, don't bother with any other agency, they are not worth the hassle for you.Also on Monday depending on what N D line say, go in and see the council who issued the ticket, tell them the story, and that you are going to report them to the Local Government Ombudsman (England) Advice Line: 0845 602 1983

 

That is three good organisations that can and will help you. Keep reporting back here and we will also advise, but this is a bit of an extreme case and you need some heavy artillery on your side and the above can help.

 

I know this is a lot of work and stress and hassle for you, but if you follow it through I am very confident you could get this debt written off, the Bailiffs off your back and the Bailiffs taken to task over what they have done.

 

In addition to all the above we also need to find out whether the ticket was in fact legal, can you post a copy of it here?

Good luck

Chris

 

PS some more info for you

HOW DO I COMPLAIN?

 

There are national standards for enforcement agents. These good practice guidelines set out general rules for how bailiffs should behave and what procedures they should follow. You can mention these standards in your complaint but the standards are not enforceable by law. We can give you details of the standards or they may be found on the Department for Constitutional Affairs website Department for Constitutional Affairs - Enforcement - National Standards for Enforcement Agents

 

GET ADVICE FIRST, bailiffs law is very complex, and even if you think that what they have done is unfair, they may still be acting within the law.

• From October 1998 bailiffs have to have a certificate granted by a court to collect council tax. A complaint from you can help get the certificate withdrawn. Ask your local county court if they have a form for making a complaint. If not, write in to the court manager with details. The court will hold a hearing and can cancel the bailiff's certificate, order compensation and order return of the goods. A bailiff can be fined for collecting without a certificate. However, even if the bailiff's certificate is cancelled, it continues to have effect for any previous possession agreement unless the judge orders otherwise.
  
• You can complain to the magistrates' court, and there have been cases recently where the debt has, in effect, been written off when it has been proved that bailiffs have acted illegally. This is done by making a complaint and asking for a hearing. The court can order return of the goods or compensation.
  
• You should complain to the council as the bailiffs are acting as their agent. They can ask the bailiffs to look at your complaint and change their procedures. If the council won't help you could talk to your local councillor who may be prepared to take your complaint up with the council.
  
• You can ask the Local Government Ombudsman to look at your complaint if the council refuse to help you. The contact details are in "Useful Addresses".

[dolly]

Thanks for replying Chris - if they do come back tomorrow, bearing in mind that she is in a vulnerable situation - should she call the police? (Just thinking out loud here and trying to get her advice in case they do reappear)

[chrismc]

Thanks for replying Chris - if they do come back tomorrow, bearing in mind that she is in a vulnerable situation - should she call the police? (Just thinking out loud here and trying to get her advice in case they do reappear)

 

I will tell you what I recommend here, no she should not call the Police, a better idea is for her to talk to her neighbour the one she looks after and knows, tell her to call the Police if they come back, her neighbour will have to say that there is a vunerable women in the house next door with small children and a disabled duaghter and she is being threatened by some thugs.

 

They will then act, if Freebird calls them it is unfortunately debatable if they will get invoilved, but if a third party does it on her behalf and it is a women that is being threatened and I am sure they will have to do something. At that stage Freebird needs to tell the Police everything, I am sure even they would be sympathetic to her.

 

You sometimes have to think outside the box with these things and not always do what you think you should, there are better ways to get people to work in your favour.

 

I hope this helps...because these people need some of their own medicine!!!

[chrismc]

Freebird

 

A bit more useful info for you;-

 

• If you are on income support, pension credit or job seeker's allowance, some councils have a policy for not using bailiffs and will accept an offer from you or agree to accept direct payments from your benefits. Ask your council if they are willing to take the debt back from the bailiffs so you can pay them directly.
  
• If the council won't help then contact your local councillor and ask them to take it up with the council for you. Explain what hardship you will be in if the bailiffs come to your home and take your belongings.

and more ways to complain

• If you wish to complain about a certificated bailiff because you do not think he/she is fit to hold a certificate, you need to contact the county court which issued the certificate.
  
• If you are unsure whether the bailiff holds a certificate you can contact the Court Manager at your local county court and provide him/her with the bailiff's name. The Court Manager will contact the Court Service Headquarters and ask for a search of the bailiff register. If the bailiff's name appears on the register, it means that he/she holds a certificate.
  
• If you are unsure which county court issued the certificate you can contact the Court Service Headquarters on 0171-210 1883 who will find this information for you.
  
• · You should set out your complaint on the bailiff complaints form which can be obtained from any county court and post it to the Court Manager of the court where the bailiff's certificate was issued.

What happens next?

 

• A copy of your reply will be sent to the certificated bailiff who has to respond in writing within a certain time. If no reply is received within the time limit, or the judge is not satisfied with the bailiff's response, the bailiff will be summoned to appear before the judge.
  
• You will be informed of the date of the hearing and you may attend the hearing and make a statement if you wish.
  
• If you wish to attend the hearing but cannot travel to the court where the hearing will be heard, you may apply to that court for the hearing to be transferred to a court with jurisdiction to issue bailiff certificates nearer to you.
  
• If the judge is satisfied with the bailiff's response, you will be informed of the judge's decision.

What can the judge do?

After the hearing the judge may take the following action:

 

• Order compensation to be paid to you. This means that the judge will award you a sum of money;
  
• · Cancel the certificated bailiff's certificate. This means that the bailiff will no longer be entitled to levy distress for rent or levy distress for road traffic debts;
  
• Dismiss your complaint.

[freebird]

thank you all so much