Jump to content


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5158 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I had bailiff call this evening at 6.30 and he banged the window rather than just knocking the door.

 

When asked who he was he refused to say other than he was a bailiff and had come to seize goods or be paid. When asked for identity he held a card up but would not let me look at closely or give his name. The paperwork he had was out of date, going back to March and when questioned he just shouted that he was a bailiff and that he knew who we were as 'surveys had ben sent out to all our neighbours' to identify us by decription'!

 

The case in question is Council Tax which is being paid directly to the council but the man just wouldn't listen or look at the receipts I have.

 

His intent was to remove a vehicle from the drive of our property but my husband locked himself in it, or rather I did as he gave me the keys to do it. The car is used for both business and vocational purposes to which I proved but he wasn't interested.

 

Bailiff then goes on to ask that the ignition is turned on to see that the headlights work!

 

The bailiff then goes on to show his phone to my husband saying that he has called the police and showing the time. My husband calls a few minutes later and they have no log of any calls but log our complaint.

 

All during this time the bailliff is banging on both the vehicle, the windows and the front door despite being asked to stop as we have a child that is ill in bed upstairs. He tried climbing the back gate and has damaged it somewhat. He called his manager and a tow tuck company in front of me me and was laughing about the £175 figure he was given. He refused to give us any numbers we could cal either to verify his identity or that the calls were real.

 

What infuriates me is that he was looking through a window and staring at my 5 year old as she was getting undressed for bed. I told him to go away as it was harrassment staring at a half naked child and is not in a bailiffs remit. We have CCTV that picks up sound and with the TV on he was clearly heard to say 'I'll look at what I like you white ......' My husband heard him say it and I'm just glad he didn't react.

 

A tow truck turned up and they sat and sat but did nothing other than the leading bailiff keep banging . Eventually at 8.30 pm they said they would be leaving but would be back again to take the vehicle that evening ..charging us £200+ for the tow truck and the same again when they returned plus their own costs.

 

Instead they drove a street away and dropped incomplete paperwork through the letterbox which at least gives the persons name on but it's all complete twaddle regarding the account .

 

I've had time to calm down now and I think this is a serious complaint but the call to the police was made prior to what the person said or did to cause distress.

 

Where to go from here? I've put the complaint in writing to the local council but should I call the police again to make a complaint? The company is Bristow and Sutor and I'm not sure complaining to them will get anywhere.

 

Steleey

Link to post
Share on other sites

Absolutely report the full incidentback to the police, this is absolutely disgusting behaviour and there certainly appears to be at least 2 criminal laws broken but not being a lawyer I don't want to state them (in case wrong) but they should be plain to see.

I would go to the police station today armed with the correspondence & CCTV tapes then to the Council.

:p :p If my advice as been of help, please give me a quick click on the scales to your right ;) ;) :)
Link to post
Share on other sites

Id find out whether this thug was certified PM herbie and she will let you know this then I would write and complain to the county court that issued him with his certificate (Form 4) plus the council and most certainly the police. this is disgusting behavior but im not suprised

Link to post
Share on other sites

Guest Herbie

Your livid, I can tell you I am a furious. The local authority nneds to know wjat their agents are doing.

(EDIT)

Link to post
Share on other sites

Just an update on the situation.

 

I've traced that the bailiiff does have a certificate and made an official complaint to the police about his actions.

 

If anyone wants to check a bailiff is registered they can call the Court Service Headquarters on 0845 456 8770 or 020 7189 2000 and they will search for you and tell you the name and number of the court that issued it along with the date.

 

The next step now is to contact the court that issued his certificate and request a complaint form.

 

As a preventative measure should he return, we have installed a security post as well as clamping the vehicle. Unless they break the post which ,I would assume to beyond their remit of peaceable, they would have to lift the vehicle vertically at least 5ft rather than just dragging or towing it off the drive. As I'm writing this I've had an idea to install a padlocked peg set into the ground through the towing eye as well.

 

I've calmed down now and I'm determined to see this through although it's left us shaken. No-one should have to go through this type of unlawful harassment and his next victim may be vulnerable.

 

I'll keep posting as to what happens next as I think it will help anyone else that encounters the same thing.

 

Steeley

 

Steeley

Link to post
Share on other sites

Oh my giddy aunt - you poor thing - I have heard many horror stories but this is one of the worse.

 

Do you have the cctv evidence still?

 

As an above poster says you must go to the police as his actions are criminal,

 

I will post up the link to the Form 4, all you need to do is use it as the front peice to your complaint.

 

I would love to help you but I am infact going away on holiday tomorrow, I am positive that Herbie will help you.

 

Please use your anger to motivate you - and my thoughts are with you.

 

SFx

Link to post
Share on other sites

Report to the police how he was staring at your undressed child too, thats the sort of thing that gets people on the sex offenders register, I would say its almost assault - normal people do not stare at naked children.

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

Oh my giddy aunt - you poor thing - I have heard many horror stories but this is one of the worse.

 

Do you have the cctv evidence still?

 

As an above poster says you must go to the police as his actions are criminal,

 

I will post up the link to the Form 4, all you need to do is use it as the front peice to your complaint.

 

I would love to help you but I am infact going away on holiday tomorrow, I am positive that Herbie will help you.

 

Please use your anger to motivate you - and my thoughts are with you.

 

SFx

 

Thanks for your support and help with the form.

 

I've looked to (or it feels like) regarding bailiff law. I've spent several days trying to get advice and it's all conflicting without very much in case law. Some advice agencies say that they have to have the police with them if they have to break into a property or break something to stop a car being removed , such as a clamp or bar and others say they don't. Some say they cannot take a vehicle from the street but can from a driveway and others vice-versa. Some say they can take any vehicle and it's up to you to prove usage, some say the value has to be in proportion to the debt and others say they are just not sure what the exact nature of a levy is or when it is made.

 

Is it made on a driveway where a bailiff enters or is it made when contact is established or on some form of written communication given to the debtor ? I've been told that a full check on ownership has to be made before a vehicle can be taken by a member of staff for the company...yet the bailiff insisted that the owner of the car has to give details to stop the car being taken and they have no duty to check anything.

 

 

There is nothing really in detail about what can and can't be done. Small issues such as the fact they hadn't provided any documents to levy or posted them until after the vehicle was moved away, or the fact that they list keys and documents on the levy which were not available to them unless they had gained entry to the house.

 

We didn't have the CCTV set to record but I put it on so I could hear and see what the bailiff was doing as it covers the driveway and the side of the house. From now on we will be prepared.

 

I've written letters to all the bodies that need to know including the company and their association which happens to be the Enforcement Service Association.

 

We have spoken with the police today and told that the routine would be to have my daughter questioned under video evidence with an appropriate adult present. She was unaware she was being watched until I saw him and I couldn't put her through that as we would not be present. The police didn't recommend that route either and one commented on what he would have done...not entirely lawful. They have given us a reference no. and if the company does call again they will attend but said ..(kick myself) that if an immediate report had been made they would have arrested him whilst he was on the property bailiff or not and taken him away to explain his actions.

 

The police response is that the bailiff can argue back with his rights and it's our word against his so it's borderline if it would get any further via the CPS.

 

The council seemed to have lumped the liability order with this years amount and all under one reference no. so it appears that we are paying off this years quickly but not the arrears propotionately. Under this I have been told that another complaint can be made and taken to the LG Ombudsman as the council is not particularly being fair by doing this.

 

I have been told I can claim for the damage to the gate but to get quotes which i will and then send on to the Bailiff company. It won't be for much but it is the principle that the person they sent should not have broken it.

 

I've been so stressed the last week..I've come out in a rash and the whole family is just down and getting at each other. It's not about the money owed but just the threats and actions made by one person.

 

I am angry but hopefully in a positive way as I would never stoop to the level the bailiff did and hopefully never will. I'm just going to do what I can and see what response I get as it's not just us it's everyone that bailiff visits as i can't see his attitude or method differing.

 

Yes, I know I've made loads of typos in this post but I'm struggling to find any energy at the moment but I won't give up.

 

Saffronflowers, have a lovely holiday and I hope the sun goes with you. Thanks again for the link as it's one less thing I have to do.

 

Steeley,

 

XX

Link to post
Share on other sites

Steeley

Although I can only imagine what you and your family are going through at this particular time, you have at least got all the support and knowledge that you need here on CAG. There are some very up to date people here and as you have found, they are all willing to help you, maybe not with advise but with a friendly ear and a shoulder to lean on if needed.

 

After reading some peoples experiences with bailiffs on this site, I really dont see how the Government can even think about strengthening the bailiffs powers. We will be heading back to the middle ages if they do.

 

Stay strong and focus on the future.

 

Geoff.

Tip us a wink on my scales if you think I may have helped at all;)

Link to post
Share on other sites

Steeley

 

After reading some peoples experiences with bailiffs on this site, I really dont see how the Government can even think about strengthening the bailiffs powers. We will be heading back to the middle ages if they do.

 

Too late, I'm afraid ... the Bill passed last month (although the Government has promised that the new powers will not be enacted until bailiff law is reformed. But we all know what Labour promises mean, don't we?)

Link to post
Share on other sites

We will be heading back to the middle ages if they do.

 

Stay strong and focus on the future.

 

Geoff.

 

Dont be silly!!! :eek: In the middle ages we people had legal rights against Bailiffs! hence, the laws just overturned by the government pretty much date back to then. As that 17th century lawlord said, (misquoting) the King with all his might and force can be defied by the most humble peasant debtor, should they choose to close their door and window against the bailiff....

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

  • 2 weeks later...

All the letters have been sent and received according to the recorded delivery service.

 

The council received theirs on the 25th but as they hadn't replied I called them last Thursday to be told that they had no record of it and would call back. On Friday I had a call at 1.11 pm to say that they still couldn't locate it. I assurred them that I had proof of delivery but they then asked what the complaint was about. When I mentioned bailliffs the person was quick to say that it was not a council matter and I should write to the bailiffs as it was no longer anything to do with them.

 

I pointed out that it was their concern as the bailiffs were acting as their agent and a letter plus a copy of the council letter had already been sent to the bailliffs. I gave brief details of the damage and complaint and refused to send them another copy of the letter when asked to. I told them that if they needed another copy then they should ask the bailiffs for one as it was their fault if they have lost it. He argued that it wasn't lost but it couldn't be found, so I argued back that if it can't be found then they must have lost it and the onus wasn't on me to provide another copy.

 

I stayed calm and insisted that it was sorted out and also said that the Government Ombudsman would be involved due to them putting the liability orders and the current year all under one reference no. leaving it open to interpretation as to what is being paid of the arrears. I told him it was a serious issue regarding the conduct of their agent and it was going to be taken further, without going into any details of the letter.

 

His attitude changed and he said he would look into it. 19 minutes later ,(I'm logging everyone I speak to and times of calls), a lady calls to say they have found the letter and it will be looked into. Did they just all lift up their coffee cups to find it so quickly or rifle through the bin?

 

I've had nothing from Bristows other than a letter that states NOTIFICATION PRIOR TO SALE OF GOODS, which tells me that they have instructed auctioneers to advertise the goods, subject to distraint, at public auction. The bill has now come down to £768.85 (!) to be paid by 6/8/07.

 

From what I have found they should either have taken the car there and then, had a walking possession order signed or controlled the goods with a bailiff present or by clamping. This bailiff left without leaving any documents and returned later after I had already removed the car.

 

I feel like I'm banging my head against a wall but if I don't follow it up then he could do the same thing again.

 

Steeley

Link to post
Share on other sites

I received letters today from both the bailiff company and the council.

 

A summary of the councils letter says that that the police should be involved, but it's nothing to do with them. They also say that payments weren't being paid off the arrears and that the bailiffs had not been met in amicable circumstances whenever they have attended ( I take that last statement as reference to us refusing to deal with them and allow them entry).

 

The letter concludes that they have instructed the bailiffs to take action still and that bankruptcy proceedings will be forthcoming unless full payment is made.

 

Now to the bailiffs letter which they bullet pointed on the points raised but I'm going to try to keep it brief.

 

1. The bailiff did knock the door initially (what with? a piece of cotton wool?)

2. He introduced himself fully with ID and disputes that he shouted..

3. Council have told them no payment has benn made to the arrears and the bailiff denies shouting.

4 The bailiff did ring the police but was informed of a backlog of calls and would be 2-3 hours before attendenc. (something we have again checked and no such call was made). Bailiff denies shaking the car or making any requests.

5. The bailiff states I 'ran' into the property with the keys and locked the door. ( I walked away with the keys and then shut the door as I wouldn't waste the effort by running). He denies looking through the window or saying anything abusive or knocking on the windows and doors repeatedly.

6 The bailiff completed the levy but left to locate the other vehicle that drove away. on his return the vehicle had gone and he left the paper work.(levy on 2 vehicles well in excess of the amount owed?)

7. The bailiff states that he puts all correspondance in a private and confidential envelope addressed to the defaulter and if this was not the case he apologises for this oversight.

8. The bailiff states he did try to enter the rear of the property but denies any damage.

 

And a nice sentence added at the end.

 

'Clearly the bailiff was frustrated by the sequence of events and this led to him failing to complete the paperwork fully'.

 

They they go on to say about deliberatly avoiding the bailiffs and misleading them whilst wilfully not paying the debt.

 

None of this is true as by refusing to speak to them or ignoring is not misleading and all payments have been made to the council directly. There are many points they haven't answered such as their claim to have sent 'surveys' out to neighbours.

 

The last part concludes that they will still pursue the debt and their figures differ somewhat from the councils even without the fees.

 

I called the person that wrote the letter from the council and after still being told it was nothing to do with them and that at this point they were looking into bankruptcy. I read the bailiffs letter out to them and the incorrect facts they had also put in their letter , the delay in response, the fact that the bailiff was their agent and that none of the figures from either the original bills, the receipts, balance of account or their letter from both sided tallied.

 

After a pause he said that they would only except payment directly of £100 per month on top of the current years payment to stop any action. I told him that amount was unaffordable and I was already paying directly to the council under one ref. no for all the arrears and the current year as much as I could afford to get the arrears down and I wasn't going to be bullied into committing to payments that I may not be able to keep in the future, given the current state of interest rates.

 

At that point I mentioned that fact that we would be seeking compensation for the damage and going to the Local Government Ombudsman to resolve it.

 

Magic words again..On mention of the LGO he suggested £50 per month and waiving this months current tax payment till next month on condition it wasn't raised with the LGO 'as it would be wasting our time as well as theirs'. I don't mind wasting my time with the LGO..I've got nothing to lose....

 

He asked for a Standing Order but I told him that it had to be Direct Debit. He agreed and sent the details through by email. By reply I asked him to confirm the conversation and that all bailliff action would be stopped and no further enforcement action taken under the agreement.

 

He confirmed it and and we have it writing. It just goes to show that a bit of resistance pays off as we were previously paying, on average, more than £50 per month when and as we had the money available. It just annoys me that

 

We will still pay more than that when it can be afforded and will still pay the equivalent to this years monthly payment in February and March just to reduce the debt.

 

I can't help but smile at the councils back-tracking in less than a 10 min conversation but we will be taking it further with the bailiff concerned and their company as that wasn't a laughing matter.

 

It's a huge relief to know we now have an agreement in writing.

 

Thanks for all your help and I would urge anyone not to ignore a bailiffs illegal actions or deviation from the Enforcement guidelines, or those issued by your local council.

 

 

Steeley :)

Link to post
Share on other sites

A good result in the end - just proves that you should stand your ground and refuse to be bullied !

 

As for the bailiffs ... did we really expect them to tell the truth? They are criminals - of course they will lie to get out of being caught !

 

Sadly, many people (esp the vulnerable) will not have the strength to stand up to them and will be robbed blind.

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...