rosendale bailiff advice please

[alexteh]

If a genuine levy was signed, then there are a bunch of different fees they can and do tend to claim - mostly to do with expenses (van attendance, locksmith, etc) but with no levy they can't claim for any of that.

 

What I would definitely do is put in writing (add it to your complaint) that you never signed a levy and state exactly what the bailiff said about signing for you and that he then forged your signature.

 

Did the bailiff leave you a copy of the levy/posession order he signed?

 

I am actually wondering whether you ought to be collecting your evidence together and going to the police to report what to me is looking more and more like a clear case of fraud.

[honey**]

i cant remember there were 2 seprate ones,i have not ever signed anything he just asked me which veichle i wanted it on i said neither and i wont sign he filled in something said i dont need you to sign i can do it anyway.was a couple of months ago,did write to rosendales recorded delivery and tell them they couldnt levy as had not signed and could they remove levy charge which they ignored.

 

but i presume they are still counting it as they have added van charge?? but then they havent a levy on anthing inside either??

[alexteh]

They can only charge for a van if they actually turned up with a van to remove goods. As they don't have a signed levy, my understanding is that, even if they did turn up with a van, they must have done so because they fancied a nice drive and cannot therefore charge you for it.

[B.A.Ts]

I think you will find that a Levy or walking possession order dosnt have to be signed by the debtor, as long as the bailiff has left a copy with you and he has signed it, he can charge for these. Unfair I know, but dispute them by all means. I have found that most bailiffs drive around in vans now so they can charge for a van fee. always ask for a break down of charges when they visit as they tend not to respond to letters asking for break downs of charges as half the time they dont know what they are charges and mostly fabricate them.

[honey**]

oh bottoms so it doesnt matter if its signed or not he can take what he wants:evil:

 

that car has been removed,and is no longer parked here.there is another that doesnt run can he just take that if its not on a levvy or does he need to levvy it first??

 

also if he has never been in my home but has a levy i havent signed can he still not come in my home or can he just say it doesnt need to be signed??

 

am watching a little silver van that has been hovering for about 45 mins here

[alexteh]

I also believe that with no debt there is no longer a liability order against you (confirm this with the council) and that they are therefore unable to levy against you anyway and if they really want to get their "fees" they will have to deal with it the same way anyone else would - through the court themselves.

[B.A.Ts]

oh bottoms so it doesnt matter if its signed or not he can take what he wants:evil:

 

that car has been removed,and is no longer parked here.there is another that doesnt run can he just take that if its not on a levvy or does he need to levvy it first??

 

also if he has never been in my home but has a levy i havent signed can he still not come in my home or can he just say it doesnt need to be signed??

 

am watching a little silver van that has been hovering for about 45 mins here

The bailiff has to list items and cannot just put down for example; 'electrical goods' each item has to be listed. He has to of entered your property to liste these items and cannot look through a window to do so etc. How ever they can levy on your vehicle, but they MUST leave the relevant paperwork when doing so.

If they have not entered your property then they cannot Levy items, they cannot force their way in. If you have paid the debt to the council and they are just after their fee then they cannot pursue their charges under the same court order. They have to take you to a small claims court and justify the fees that they have charged you.

If they come to your door or call you either tell them to take you to court for their fees or pay them what you think you owe them, tell them if they pursue you by ie phone or letters then tell them you will report them for harassment.

[honey**]

well he has been,i was in the bath got down stairs just in time to here him going into back garden,rushed out in towel and kicked him out of the garden lol.

 

any way the long and the short of it is i made him give me a list of fee,s

 

1st visit 2nd visit ect plus £25 levy and £110 for attending with a van says he has a legal right will be attending monday to remove goods

[The Watcher]

He can charge first vist (£24 isn't it?) and second visit (£18.50?) but he has NOT made a levy so cannot charge for that and therefor has no "vcan attendance fee" (as this can only be charged AFTER a levy has taken place and AFTER you have broken any agreement made at that levy.

 

(Personally - if you had just got out of the bath and were only wearing a towel - I would have phoned the police and told them there was a pervert in the garden).

[honey**]

i never made an agreement at levy but he is saying a levy was made even if i didnt let him in or sign anything and he did attended with a van on the 16 th of june (even though he was in a car)

 

apparently it doesnt matter if i have paid the councill he will come every day untill i pay him and has every right to !!

 

so looks like i have to find alot of pennies from somewhere,thats the school uniform out the window

[The Watcher]

i never made an agreement at levy but he is saying a levy was made even if i didnt let him in or sign anything and he did attended with a van on the 16 th of june (even though he was in a car)

 

He has FORGED your signature - thats NOT a legal levy.

 

Either make a complaint to the police and Court, or just accept that you are going to let him get away with forgery and deception.

[honey**]

owww im so confuse ok i have now been told they do not need my signature on a levy which makes it legal,my signature is not on it his is

[The Watcher]

owww im so confuse ok i have now been told they do not need my signature on a levy which makes it legal,my signature is not on it his is

 

He has not been into your house - so no levy made there.

 

You said he did a levy on a vehicle that does not belong to you - so that's not a legal levy (as they can only levy on things that belong to YOU).

 

If he has forged your signature (to imply that you accept this illegal levy) then he is committing an offence.

[B.A.Ts]

honey.. this may help

Department for Constitutional Affairs Website

[honey**]

ok im off to work now will look later thanks so much he is driving me mad

[honey**]

thanks ive had a good look at that site balliff has called again this morning left a message saying he was just asking if i had decided how i wanted to pay his fees and that they were payable by 9am monday morning or they would sieze goods.

[alexteh]

Personally, I would tell him you planned on not paying his fees. As the debt is now paid off to the council there is no longer a liability order so the bailiff has no right to remove goods and he's trying to scare you into paying him.

 

I would start lodging formal complaints at this point and if the bailiff phones again tell him you will only deal with him in writing, that there is no outstanding liability for council tax and that if he continues phoning you will consider it harassment. Or just hang up if it's him

 

If you complain hard enough and make sure you copy the council on everything then they will almost certainly stop hassling you.

[tezviper]

Just so you know I took this up with the council because i am having the same issue regarding fees as there is no longer a council tax debt and they quoted me legislation stating that the liability order covers the debt and fees up until the time of tender and so the fees need to be paid or goods can still be siezed. I am not sure about the legality of this as I have yet to get any advice on this. But this was the council quoting this to me and they were pretty adamant that the bailiffs need to be paid.

 

Any one got any views?

 

TezViper

[alexteh]

Surely the bailiff fees are added after a liability order has been granted so I'd be surprised if that was the case. Did they specify which legislation or can you get them to confirm which legislation they are referring to?

[B.A.Ts]

Just so you know I took this up with the council because i am having the same issue regarding fees as there is no longer a council tax debt and they quoted me legislation stating that the liability order covers the debt and fees up until the time of tender and so the fees need to be paid or goods can still be siezed. I am not sure about the legality of this as I have yet to get any advice on this. But this was the council quoting this to me and they were pretty adamant that the bailiffs need to be paid.

 

Any one got any views?

 

TezViper

they can pursue the fees if they are legal fees but its totally up to you to refuse payment,you really need to go through the proper channels if you are disputing them where the debt will be put on hold until an agreement can be made to what fees are legal etc. its a debatable subject where some organizations say they can and some say they cant, I suppose if they havnt got a WPO then theres not much they can do about it but take you to a small claims court.

[The Watcher]

Just so you know I took this up with the council because i am having the same issue regarding fees as there is no longer a council tax debt and they quoted me legislation stating that the liability order covers the debt and fees up until the time of tender and so the fees need to be paid or goods can still be siezed. I am not sure about the legality of this as I have yet to get any advice on this. But this was the council quoting this to me and they were pretty adamant that the bailiffs need to be paid.

 

Any one got any views?

 

TezViper

 

I doubt very much that this is legal. I agree with the above poster - any "fees" are added AFTER the LO has been obtained (and if you paid immediately would obviously noit attract fees anyway).

 

What was the legislation that they quoted?

 

Councils rarely know much about this section of the law - and if you approach another council member you will probably get an entirely different answer !

 

One good thing, though - is that the bailiff will have to justify the fees and that can be checked.

[The Watcher]

I suppose if they havnt got a WPO then theres not much they can do about it but take you to a small claims court.

 

... and the Judge would then be looking at what they were trying to charge ... so I doubt they will follow THAT route !

 

The reason they are persuing you is that they know they are on dodgy ground by any legitimate method. Bullying may work !

[tezviper]

Ok thanks for that. I will contact council on monday for the legislation that they quoted to me and I will post any relevant info on here or on my thread. I am certainly disputing this and have 3 courses of action. My first is with the recory dept manager at the council as I feel this is all their fault and I should not have to pay bailiffs fees. If that fails I will take the abandonement route with regards to the WPO as its over 6 months old and I never heard from them in over 3 1/2 months, apparently I have a strong case for this and if all else fails I will dispute the fees totally and go to court if necessary.

 

TezViper

[honey**]

he has called again today and now basicaly said that he will call every day add more fees for the walking possesion and he is supported 100% by the council and the court.

[B.A.Ts]

has this bailiff ever entered your home and made out a levy on items in your home has he ever done a WPO.. if he has not then this bailiff CANNOT force his way into your home.

if when levying on the car that was not yours then he CANNOT charge for that levy. he can ONLY charge for the first and second visit where a levy has not been made. so he can waste his time by calling everyday if he likes but he will only be wasting his time and money by doing so. report this bailiff to the court where he was certified and tell him that you have done this. If he carries on calling then report him to the police for harassment. What this bailiff is doing is illegal. so what ever you do DO NOT LET HIM IN or let him intimidate you. keep a record of all the calls and what he has said to you. dont be threatened by his threats of him calling the police etc of even prison its just a bluff. if he came to your house today then thats another no no they know that they cannot call on a sunday etc. dont be fobbed off by the council either tell them you are going to place a compliant against them if they dont tell the bailiff he has and is breaking the law.