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bailiffs and sheriffs


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Exactly,

 

Since moving here I really have had my eyes opened so to speak. If you care to look at my previus posts the things I have come accross are scary. Bad doorstep lenders etc I really do believe our society is becoming more and more un caring leave them to rot etc and the sad fact is most of these people are really desperate and scared individuals who cannot fight for themselves and have nobody to fight for them. Like I said earlier most do not have access to a computer and if they did they would not know how to use them( Im talking about old people here)

 

 

Mostly the elderly are really vunerable because they are too proud to seek advice and these vultures walk all over them.

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Indeed they would.

 

My missus is Russian (she been here 3 years)

 

During our relation I visited her 4 times in Moscow .....very affluant very cosmopolitan and extremely expensive....just like London.

 

Following those 4 visits I decided I wanted to visit her family 2000km away in the South of Russia.

 

What a shocker to see so much poverty and misery yet they are relatively happy they complain about a government that does not care.

55% of all business is state controlled 98% of all the money is owned by 5% of its population.

 

I have been there a further 3 times and going again in August.

Its such a humbling experience it makes you feel like you arent so bad after all.

 

Funny thing is no one believes me when I tell them the money is there ...they just spend it all on weapons.

 

Now many nations are beholding to them for gas and oil which is plentiful there

 

will the poorest benefit ?

not a chance.

 

Amazing though how contented the elder generation are....they have known nothing else !

 

:rolleyes:

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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I have seen it on at least three sites now, here are two of them, the main one being the National Debt Helpline site for England & Wales.

 

Thanks for the links chrismc.

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Thanks for the links chrismc.

 

No problem BotB let me know what you think and if it helps.

 

Chris

Chrismc v Vertex Data Science Ltd

SD Set Aside WON + Costs

 

 

Chrismc v Barclays

Won - Settlement Agreed at 11th Hour.

 

Philips Bailiffs

Lost - Judge changed at last minute, it didn't help!

 

G-MAC Early Redemption Charges Waived

Won - Early Redemtion Fees Waived in Full.

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paulclarkson

 

Keep your chin up, you sound to be getting a bit more positive about all this now, it helps when you have like minded people to sound off with, may not directly help, but indirectly the information is bound to make you wiser and therefore give you the confidence to stand up to these bullies.

 

Remember we are all here to help, and we don't mind what you tell us, most of us have been in similar positions to yourself, there is a light at the end of the tunnel, I know sometimes it seems a long way off, but it is there!!

 

Chris

Chrismc v Vertex Data Science Ltd

SD Set Aside WON + Costs

 

 

Chrismc v Barclays

Won - Settlement Agreed at 11th Hour.

 

Philips Bailiffs

Lost - Judge changed at last minute, it didn't help!

 

G-MAC Early Redemption Charges Waived

Won - Early Redemtion Fees Waived in Full.

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Small update ,

 

I was in the house this morning (upstairs) I came down to find a letter behind the door hand deliverd and nobody knocked.

 

The baillife had been back and levied on my car parked in the drive. And just posted the form through the door . They said that if I do not pay the amount owing in 5 days they will return and take it.

 

Now can somebody advice me please If you can.

 

Will they return to try and get in the house?

 

Or have I got 5 days peace and quiet from them?

 

 

Thanks

P C

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Small update ,

 

I was in the house this morning (upstairs) I came down to find a letter behind the door hand deliverd and nobody knocked.

 

The baillife had been back and levied on my car parked in the drive. And just posted the form through the door . They said that if I do not pay the amount owing in 5 days they will return and take it.

 

Now can somebody advice me please If you can.

 

Will they return to try and get in the house?

 

Or have I got 5 days peace and quiet from them?

 

 

Thanks

P C

 

PC I would go in to the Council Offices, demand to speak to one of the enforcement officers, and tell them this is causing undue stress etc to yourself and your family, tell them about the Bailiff giving a notice to your daughter etc really lay it on thick, and get them to withdraw the Bailiffs actions. They may try and say they cannot do it, but they can if given enough hassle and pressure by yourself.

 

Also mention you have already sent in a letter to the council, and not had a response, tell them your current situation and anything else you can think off that helps your cause. See what they say.

 

Check out on the various sites on the net we have given you or on here to see if they can actually take your car if you have not signed anything, do you work, if so and you need your car for work, they cannot take it. A lot of this depends on your own personal circumstances, but in my view it has got to the point where you need to go and meet with the Council, remember they are there to help you aswell as chase council debts. I am sure if you present your case to them they will be able to call off the bailiffs.

 

If all else fails remember they cannot break in to your house though!!

 

Hope this helps a little

Chris

Chrismc v Vertex Data Science Ltd

SD Set Aside WON + Costs

 

 

Chrismc v Barclays

Won - Settlement Agreed at 11th Hour.

 

Philips Bailiffs

Lost - Judge changed at last minute, it didn't help!

 

G-MAC Early Redemption Charges Waived

Won - Early Redemtion Fees Waived in Full.

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Thanks for your reply

 

I will do as you suggest.

 

I was really wondering if they will come back within the 5 days as I am sick and fed up with having windows and doors shut (especially with the weather at the moment) I really dont mind if they do take the car as long as they leave us alone. Its the few possesions in the house I don.t fancy them getting at (not that there is anything of any value anyway.)

 

 

Fees so far they are charging.

 

1.Fees for bringing the two letters£39

 

2.Fee for levy on the car (this morning)£35

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PC, if you have a copy of the letter that you wrote to the council, take it with you as proof that you have written and are awaiting their response. Just in case they have 'difficulty' finding your original letter and think that you are making it up!!

 

Onwards and upwards

 

Elsinore

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Thanks for your reply

 

I will do as you suggest.

 

I was really wondering if they will come back within the 5 days as I am sick and fed up with having windows and doors shut (especially with the weather at the moment) I really dont mind if they do take the car as long as they leave us alone. Its the few possesions in the house I don.t fancy them getting at (not that there is anything of any value anyway.)

 

 

Fees so far they are charging.

 

1.Fees for bringing the two letters£39

 

2.Fee for levy on the car (this morning)£35

 

PC you don't want them taking the car even if they are allowed to, your account will only get credited with a very small amount, and you will still have them visiting you regularly, in fact the amount they get for it may just get swallowed up in their fees. You are better off keeping the car if you can. Even if the car is worth a lot you would get little credit for it. If it is worth very little, then it is of no use to them but more use to you than it's true worth, if you know what I mean.

Chrismc v Vertex Data Science Ltd

SD Set Aside WON + Costs

 

 

Chrismc v Barclays

Won - Settlement Agreed at 11th Hour.

 

Philips Bailiffs

Lost - Judge changed at last minute, it didn't help!

 

G-MAC Early Redemption Charges Waived

Won - Early Redemtion Fees Waived in Full.

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The 5 Days they have stated goes into weekend which gives only couple of real time days to sort it,but should be enough.

 

At the council ask to speak to a supervisor and ask for a private room (you are entitled to this and it shows your concerns)

 

It maybe a little late now to ask for an appointment (usually better as it will be handled by a specific officer)

 

I am sure you will be fine.

 

As Chris said make them aware of the improper conduct of the baliffs.

 

:)

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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Well just got back from the council.

 

They were not interested they stated that as it is in the hands of the bailliffs,

there is nothing they can do until the warrant is sent back.

 

 

As I said before I am not that bothered about the car in fact its not worth anything anyway and I was thinking of scrapping it but I even think junk yards would want me to pay for them to take it away. So they will be douing me a favoir so to speak.

 

I think my best course of action will be to let them take it refuse to let them in the house and refuse to sighn anything and hopefully when they realise I have nothing of value they will sent the warrant back to the council.

 

I just hope they dont keep coming back for the next 5 days as I have too much to do with the funeral and everything.

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Well just got back from the council.

 

They were not interested they stated that as it is in the hands of the bailliffs,

there is nothing they can do until the warrant is sent back.

 

 

As I said before I am not that bothered about the car in fact its not worth anything anyway and I was thinking of scrapping it but I even think junk yards would want me to pay for them to take it away. So they will be douing me a favoir so to speak.

 

I think my best course of action will be to let them take it refuse to let them in the house and refuse to sighn anything and hopefully when they realise I have nothing of value they will sent the warrant back to the council.

 

I just hope they dont keep coming back for the next 5 days as I have too much to do with the funeral and everything.

Who did you see at the Council PC, was it an enforcement officer or a general dogsbody?? I can't believe they just fobbed you off, they can withdraw the file from the DCA/Bailiffs I am sure of this. Did you ask if they received your letter?

 

Time for Plan 'B' if you really want to let the car go give it too them, one problem I see with this though is that the cost of removal will be added to the debt and this may amount to more than they credit you for the car and may just compound the problem. But if you do end up letting them have it, refuse to sign anything no matter what they say and don't let them in under any circumstances.

 

If you feel confident enough you may be better just standing uop to them when they come, tell them to take it, make out you are not bothered as you were going to srap it anyway, this will really wind them up, but as long as you don't weaken you should be OK, I worry how able you are to stand up to them though?

 

You could always go and see the CAB (Citizens Advice Bureau) and run it past them, it costs nothing and they may be able to give you some useful information?

 

 

Here is some more do's and don'ts that may help:

 

IF THE BAILIFFS HAVE NOT BEEN INTO YOUR HOME BEFORE TO COLLECT THIS DEBT, THEY HAVE NO RIGHT TO COME IN. THEY CANNOT BREAK IN. YOU CAN CHOOSE NOT TO LET THEM IN.

  • DON'T open the door to them as they may try to push past you. If they get inside, they may have a right to enter again and may break in to take your goods.
  • DON'T leave windows open or doors unlocked - bailiffs can legally get in through these. Bailiffs CANNOT get the police to help them break in.
  • BEWARE some bailiffs may leave you a phone number, and arrange to come round to 'have a chat'. Don't let them in, even if they say it's only to use the toilet or make a phone call.
  • Bailiffs MAY try to break into sheds, garages, greenhouses etc., even though this is illegal. KEEP VALUABLES SAFE! They may be able to take cars, motor-bikes and other vehicles parked near your home.
  • Politely but firmly refuse to let the bailiffs in. Offer what you can afford to pay. If the bailiffs accept your offer, ask them to return to their car, and go out and pay them. Make sure you get a receipt.

DON'T SIGN ANYTHING! If the bailiff leaves papers for you to sign and return, you do not have to do this. You don't have to sign agreements posted through your door either.

 

More info:

 

WHAT THINGS ARE THE BAILIFFS ALLOWED TO TAKE?

There are some things that the bailiffs are not allowed to take at all; such as goods that are rented or hired. The regulations also say that the following items are exempt and can't be taken:

  • "Such tools, books, vehicles and other items of equipment as are necessary for use personally in employment, business or vocation"
  • "Such clothing, bedding, furniture, household equipment and provisions as are necessary for satisfying basic domestic needs of the person and family".
  • This list is not very specific so you may find that bailiffs have a different idea of what items are necessary for you to keep and what can be taken. You can complain about what the bailiffs take if you feel the items should have been exempt.

CAN THE BAILIFFS TAKE THINGS WHICH ARE NOT MINE?

The bailiffs can only take goods belonging to you if you are named on the liability order. This means that if the council tax debt is just in your name, the bailiff should not take goods which are owned jointly with someone else. If they want to take goods that belong to someone else (your children, partner, lodgers etc.) explain that the goods do not belong to you. If you can, show a receipt or note as proof. The owner of the goods may have to provide a sworn statement in the form of a "statutory declaration" to say this is the case. They cannot take goods which are rented or hired. This includes goods on hire purchase agreements. Show them a copy of your credit agreement if you can.

WHAT IF I HIDE THINGS OR GIVE THEM AWAY?

If the bailiffs haven't yet been in, you can hide things or take them somewhere else. If the bailiffs have already been in, you are committing an offence if you remove goods that they have said they will take. You can hide them on your premises but the bailiffs can search for them. However, if the bailiffs have listed exempt goods on a walking possession agreement, the agreement may be invalid as it applies to these goods. You may be able to remove the exempt goods only.

 

BAILIFFS PROCEDURES

If the bailiffs are distraining for poll tax or council tax, there are certain procedures that they have to follow. They must have with them:-

  • written authorisation from the council for them to call. They should show you this if you ask.

They must leave you a copy of:-

  • the law setting out their powers and what they can and cannot do. These are the "Enforcement Regulations".
  • the charges the bailiffs are allowed to make for each visit. You should check they have not added too much on to your debt.
  • any agreement you have actually signed. This will be called a "Walking Possession" agreement and includes a list of goods the bailiffs have warned you they may take

HOW DO I STOP THE BAILIFFS?

  • You can try to make an arrangement to pay the debt back at a rate that you can afford. You can offer the money directly to the bailiffs, although it is easier to get them to accept your offer if they have never been into your home. Always get a receipt for any money you pay.
  • Bailiffs cannot send you to prison . If the bailiffs have never been into your home and they will not accept your offer, all they can do is to pass your debt back to the council. It is important to make an arrangement to pay the council, or they may try other ways of recovering the money, such as taking money out of your wages or your benefit.
  • If the bailiffs refuse your offer it is important to put the money you have offered aside so you can pay it to the council as soon as the debt is passed back to them. Write to the bailiffs and the council telling them you are saving the money up as the bailiffs have refused to take your payments.
  • 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.

If it has been a long time since the bailiff came into your home and you have not had any contact with them during this time, the future action they can take against you may be limited.

 

 

Good luck!

Chrismc v Vertex Data Science Ltd

SD Set Aside WON + Costs

 

 

Chrismc v Barclays

Won - Settlement Agreed at 11th Hour.

 

Philips Bailiffs

Lost - Judge changed at last minute, it didn't help!

 

G-MAC Early Redemption Charges Waived

Won - Early Redemtion Fees Waived in Full.

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Here is some more do's and don'ts that may help:

 

QUOTE]

 

Right at the start of this thread jonni2bad gave consideration to elevating it to a forum or sub-forum.

 

pc's problems (and others) and chrismc's excellent advice and support illustrates vividly what a difficult area this is, and points up the scurrilous behaviour of many bailiffs.

 

Perhaps jonny2bad and other mods will look again at making this a forum/sub-forum, where individual threads could be better dealt with. chrismc's advice panel in his last post would make an excellent sticky (unless I've missed it!)

 

Onwards and upwards

 

Elsinore

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Here is some more do's and don'ts that may help:

 

QUOTE]

 

Right at the start of this thread jonni2bad gave consideration to elevating it to a forum or sub-forum.

 

pc's problems (and others) and chrismc's excellent advice and support illustrates vividly what a difficult area this is, and points up the scurrilous behaviour of many bailiffs.

 

Perhaps jonny2bad and other mods will look again at making this a forum/sub-forum, where individual threads could be better dealt with. chrismc's advice panel in his last post would make an excellent sticky (unless I've missed it!)

 

Onwards and upwards

 

Elsinore

 

Thanks Elsinore

  • Haha 1

Chrismc v Vertex Data Science Ltd

SD Set Aside WON + Costs

 

 

Chrismc v Barclays

Won - Settlement Agreed at 11th Hour.

 

Philips Bailiffs

Lost - Judge changed at last minute, it didn't help!

 

G-MAC Early Redemption Charges Waived

Won - Early Redemtion Fees Waived in Full.

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Seems a bit of a B****r

 

I too cant understand why the council stood still on this.

Its generally accepted that they dont re-intervene until the file is returned BUT they do have discretion to do that,and given the circumstances here ...........

 

I had over 6 visits from the baliffs it spanned a period of about 3 months.

 

During this time I was bombarded with letters threatening all kinds of stuff.

After looking on the net I was able to sleep easy knowing they could only take action if I forgot to take mine.

 

Windows/Doors........they only need a minute and the hot weather is great for them.

As hard as it is for you................makes it more harder for them.

 

You will have to ride it out.

 

Before they are ready to return the file to the council.........they will send you letters threatening to return the case to the council with a reccomendation that you be sent to prison........this is when you know you have at least beaten THEM.

 

As they have no say or jurisdiction on any committal proceedings once the file is returned then you can have your day and your say.

Before any action is made for commital proceedings you will be given the chance to again come to an agreement and fill out a means enquiry.

 

The council will not take you to court as long as you say you are prepared to pay what you can afford and show the evidence to prove you cannot pay anymore.

 

:)

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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PC - Plan C

 

Does this apply to 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.

If it does, it just may be another option, but if you end up having to stand up to them remember If the bailiffs have never been into your home and they will not accept your offer, all they can do is to pass your debt back to the council.

 

Chris

Chrismc v Vertex Data Science Ltd

SD Set Aside WON + Costs

 

 

Chrismc v Barclays

Won - Settlement Agreed at 11th Hour.

 

Philips Bailiffs

Lost - Judge changed at last minute, it didn't help!

 

G-MAC Early Redemption Charges Waived

Won - Early Redemtion Fees Waived in Full.

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Share on other sites

Chris this is only usually accepted either before Baliff intervention or after the file goes back

 

And again can only be taken at the rate of 2.60-3.00 per week which is all thats allowed to be taken as a priority debt.

 

 

Actually if taken to a mags court for commital this is usually the arrangement thats made last gasp..........but can obv be set up well before this stage.

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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Chris this is only usually accepted either before Baliff intervention or after the file goes back

 

And again can only be taken at the rate of 2.60-3.00 per week which is all thats allowed to be taken as a priority debt.

 

 

Actually if taken to a mags court for commital this is usually the arrangement thats made last gasp..........but can obv be set up well before this stage.

 

Yes I agree Martin it is a long shot, but there aren't a lot of other options available. If the council today had agreed to take back the file Ok but there still seems to me something is wrong there, maybe the person PC saw did not know what they can and cannot do, maybe they wern't high enough up the line of command, lots of ifs and buts and we are grasping at straws a bit but beggars can't be choosers!!

Chrismc v Vertex Data Science Ltd

SD Set Aside WON + Costs

 

 

Chrismc v Barclays

Won - Settlement Agreed at 11th Hour.

 

Philips Bailiffs

Lost - Judge changed at last minute, it didn't help!

 

G-MAC Early Redemption Charges Waived

Won - Early Redemtion Fees Waived in Full.

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Yes true

 

I think he should have asked to see a supervisor,and in fact maybe should go back again tomorrow to do that.(being last day before weekend)

 

But as you know his mind is on other things too and he has got another important duty tomorrow.

 

From my experience they are not very active at weekends or after 8 pm because If I am not mistaken they cannot visit outside certain hours.

 

The guy obviously needs to be left alone at this time.

 

Reading into this their deadline for the car is Monday?

 

So little can be done between now and then to stave off that unless he tries again on Monday morning.

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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Yes true

 

I think he should have asked to see a supervisor,and in fact maybe should go back again tomorrow to do that.(being last day before weekend)

 

But as you know his mind is on other things too and he has got another important duty tomorrow.

 

From my experience they are not very active at weekends or after 8 pm because If I am not mistaken they cannot visit outside certain hours.

 

The guy obviously needs to be left alone at this time.

 

Reading into this their deadline for the car is Monday?

 

So little can be done between now and then to stave off that unless he tries again on Monday morning.

 

Yes agreed, I think Monday is D Day!!

Chrismc v Vertex Data Science Ltd

SD Set Aside WON + Costs

 

 

Chrismc v Barclays

Won - Settlement Agreed at 11th Hour.

 

Philips Bailiffs

Lost - Judge changed at last minute, it didn't help!

 

G-MAC Early Redemption Charges Waived

Won - Early Redemtion Fees Waived in Full.

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Thank you all for your support and wisdom.

 

 

I have since found out that the bailliffs had no right to call.

 

Apparantly the council have to write to you and give you 14 days notice that the baillifs are coming and give you a contact number at the council to try and make an arrangement. They have not done this so they are in the wrong apparantly it is the rules I am not sure if this is new legislation or not.

 

But in the light of this I have more ammo so to speak.

 

May I if I may say that I am not a male person, My son did the registration when I first came on the website as I was not sure how to do it.

 

I am in fact a single mum.

 

 

My problems started when I lost my buisness and everything went downhill at a rapid pace.

 

I managed to get a job but was made redundant in March (no redundancy pay)

 

I tried to sighn on but because I had my own buisness they wanted accounts I no longer had so would not give me jsa ,

 

I have been douing temping work to make ends meet and have now thank god found a full time job starting on Monday next week,

 

Hopefully things will get better once I am control of my finances I am also waiting to hear about council tax and housing benefit but it is taking them forever to deal with my claim.

 

 

Martin I notice you live in StHelens my dad was a rugby player who played for Wigan he held the record for the most apperances at Wembly and played 3 times for Great Britain and as you propably know played against StHelens a few times.

 

If he were alive he would sort out these baillifs no problem.

 

 

Anyway thanks again for all your help and support who have all been marvellous.

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Well pc, one thing you have got is courage.

 

Courage to tell your story and courage to tackle your problems.

 

Your rehabilitation has already started.

 

Good on you, gal.

 

Elsinore

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