Bailiff pushes pass child to gain entry

[sanj]

Re: Bailiff pushes pass child to gain entry

Goods listed..on 13/12/2011..42" t.v samsung...1 logik cd player...1 sky hd box..glass tv stand..1 samsung dvd player...black leather 3 piece suite...1 glass coffee table..1 dell lap top...1 silver blow heater....2 lamps...dining table +6 chairs....1 cross trainer...1 tread mill...1x 22" tv..1 ps2..vauxhall mervia keys & doc's(car has since been sold)

[bluebottle]

Re: Bailiff pushes pass child to gain entry

How long has it been since the bailiff attended?

[sanj]

Re: Bailiff pushes pass child to gain entry

last came 13/12/2011

[ploddertom]

Re: Bailiff pushes pass child to gain entry

last came 13/12/2011

Are you saying that all this happened nearly a year ago?

[alsagerman]

Re: Bailiff pushes pass child to gain entry

If a temporary agreement has been reached for example 5 months,After 5 months what happeneds?As the agreement is temporary is it still temp?

Am i reading correctly. Have you / they made an agreement to pay the CT arrears over five months but didn't stick to the agreement, following which you / they had a visit from a bailiff? And then 12 months after the event come on LB for advice?

Please tell me I've mis-understood.

[sanj]

Re: Bailiff pushes pass child to gain entry

Sorry tell me try to explain this a bit better...
When Bristow & sutor bailiffs came on the 13/12/2011 ,they came to a temp agreement which was to pay
£500 on 16/12/2011 then £100 for 4 months...on top of the £500 we gave on 13/12/11
So on there receipt it says temp agreement so how long is this agreement?

[ploddertom]

Re: Bailiff pushes pass child to gain entry

I think what we are trying to establish is when all this happened. If the visit you describe above happened on 13/12/2011 did they then keep to the payment agreement outlined above. Or did they default on the agreement? What you outline above comes to some £1400 & I find that hard to bear for a family that appear to be on Benefits. I wouldn't take too much store over the "temp agreement" as not matter what can be thought of it the Bailiffs idea will be somewhat different.

To take matters further there needs to be a timescale of events that have happened. First of all the questions I posed in Post 2 need answering. Secondly they need to send off for a breakdown of the fees the Bailiff has charged - see Letter 1 http://www.legalbeagles.info/forums/...Useful-Letters - I would advise send this initially by email followed by a copy in the post, don't worry that they are nearly a year down the line as they have 6 years in which to do this. Thirdly it would be advantageous if they were to give a timescale of events as they remember them.

There does appear to be exempt items, items of little value & goods belong to a child on the levy all of which can be challenged. If removed then it would then pose the question of whether the Bailiff actually carried out his levy with due diligence or was he just after inflating his fees.

[sanj]

Re: Bailiff pushes pass child to gain entry

Have today been to the local council handed in a very strong letter asking them to explain there bailiffs actions,also break down of charges also as family being of,Vulnerability.
Lets see what they come off with...
Again thanks for the great help.

[sanj]

Re: Bailiff pushes pass child to gain entry

Hi Ive this morning got a reply back from Bristow & Sutor with regards to enquiry the contents of the letter basically i believe is one sided and they know there bailiffs messed up...

1)They say that they want to apologise for any upset caused this is not our intention.
2)The bailiff does not work for them any more. (There was 2 bailiffs no mention of the other bailiff!!)
3)We can confirm the bailiff recorded that he gained peaceful entry, and then levied distress before making a temporary agreement for 4 months,which expired in April 2012,we were supposed to have got back in touch with B/S to review our account,but we did not.We just kept on making payments.
4)Unable to investigate your claim any futher as bailiff does not work for us ,but are happy to make further agreement to repay arrears.
5) In closing we would like to make it clear that by placing somebody in a vulnerable category does not automatically exempt them from C/T.nor does it mean that the council will want to stop a case being dealt by the bailiffs.
6) We are happy to make an agreement with you to reply your arrears and await contact from you.

I think i need to write back to the council or even take this matter to the courts any advise would be appreciated.

[wales01man]

Re: Bailiff pushes pass child to gain entry

4)Unable to investigate your claim any futher as bailiff does not work for us ,but are happy to make further agreement to repay arrears.
This must be crap just because he no longer works for them they cannot investigate him?

[sanj]

Re: Bailiff pushes pass child to gain entry

Basically that's what there saying,ive E mail the council and told them clearly its down to them to investigate as they work for them as agents.If they start to be all innocent il go with my complaint to the ombudsman to investigate. Nothing more i can do.

[bluebottle]

Re: Bailiff pushes pass child to gain entry

It doesn't make any difference if the bailiff doesn't work for them anymore. If he engaged in any misconduct whilst in their employment and whilst acting on behalf of a client, the local authority is liable and so is B & S, but only up to and including his last day of employment with them. The local authority continue to be liable for B & S's actions.

[sanj]

Re: Bailiff pushes pass child to gain entry

Your 100% right i think there trying to worm them self out and i should basically just put purssure on the council to explain as they are there agents,working for them obversely B/S are not going to put there hands up to any wrong doings.

Also with regards to a temporary contract,the contract was for 4 months which finished in April 2012,B/S now what us to contact them to renew the contract,on there paperwork there is no mention to renew this,are we obliged to renew this or is another bulls up by them.

All views will be appreciated

[sanj]

Re: Bailiff pushes pass child to gain entry

We this morning received a hand delivered letter from the council with regards to our complain against Bristow & Sutor.

Firstly our complain is with the conduct of there bailiffs,and not our council tax account with you
All the council seem to go on about is this L/O that L/O this is how much you owe etc etc.

There is no mention of the 2 bailiffs that attended and brushed pass our little girl(who at the time was recovering from a RTA and was under order of her G.P,my wife was the same and she was on SSP as she was off work after the RTA.
The bailiff were fully aware of this as we mentioned to them our current position but fell on deaf ears,surly if this was the case the bailiff should return the L/O back to the council to await instructions,but No.
Now i believe the council have screwed up and are trying to cover things up,but did remove £105 in respect of the levy and may remove £125(waiting fees charged.

Is this a unlawful levy,should i stick to my guns...Merry Xmas.

[bluebottle]

Re: Bailiff pushes pass child to gain entry

I think you will find the removal of the £105 levy fees is an admission by the LA that the levy fees are illegal. The Waiting Charge is illegal in any case as it is not permitted under the relevant legislation. In order for a levy to be valid, a bailiff must not have to push past ANYONE in order to gain entry. This bailiff did push past someone in this case. I think you will also find the LA are fearful of a Regulation 46 complaint that would expose them to damages for trespass and court costs as a CT debtor has a right to appeal to a magistrates court in such circumstances and the court can award damages against the LA for Irregular Levy.