rossendales walking possesion

[Guest]

Re: rossendales walking possesion

Hi

Really, with a blue badge on it? so if i put my badge on my brother in laws car, which i have a perfect right to do if he is driving me, then he cannot get his car levied for council tax arears?
Or even on my car since i own it. This is excelant news for the dissabled. Could you show the authority.

Peter

[labman]

Re: rossendales walking possesion

Vehicles needed for transporting disabled family members have no protection in law. However, the terms of the Equality Act and the provisions of te Naional Standard on the treatment of vulnerable persons, and on the avoidance of discrimination, provides a basis that such vehicles should be treated as exempt.

Ref: Law of Seizure of Goods - Debtor's Rights and Remedies by John Kruse.

[Guest]

Re: rossendales walking possesion

Vehicles needed for transporting disabled family members have no protection in law. However, the terms of the Equality Act and the provisions of te Naional Standard on the treatment of vulnerable persons, and on the avoidance of discrimination, provides a basis that such vehicles should be treated as exempt.

Ref: Law of Seizure of Goods - Debtor's Rights and Remedies by John Kruse.

So my blue badge in itself would not be enough to stop a levy being raised then, what a shame.

Peter
------------------------------- merged -------------------------------
I suppose you could argue this if your vehicle had been addapted for your specific use.

Peter

[labman]

Re: rossendales walking possesion

They tend not to levy if your own blue badge is displayed in your own car. It's regarded as sound advice to advise anyone disabled facing bailiff action to keep the badge on clear display.

As you know, and so do the bailiffs, motor vehicles are a bit of a hot potato, but equally very desireable to the bailiffs as they are easily accessible without gaining peaceful entry. The bailiffs also know that they will usually be called to account for levying on a disabled persons' vehicle.

Sadly it uses legislation other than that governing bailiffs, so even then it is not 100% clear cut.

Anyway Peter, if you're facing bailiffs, pop your badge in the window!

[Guest]

Re: rossendales walking possesion

They tend not to levy if your own blue badge is displayed in your own car. It's regarded as sound advice to advise anyone disabled facing bailiff action to keep the badge on clear display.

As you know, and so do the bailiffs, motor vehicles are a bit of a hot potato, but equally very desireable to the bailiffs as they are easily accessible without gaining peaceful entry. The bailiffs also know that they will usually be called to account for levying on a disabled persons' vehicle.

Sadly it uses legislation other than that governing bailiffs, so even then it is not 100% clear cut.

Anyway Peter, if you're facing bailiffs, pop your badge in the window!

No fortunately not ,at the moment anyway, there for the grace of god, and all that.

However many dissabled are, and this could be very useful, unfortunately i have heard of cases wher even cars that are owned by motorbility finance are levied, in the full knowledge of the authority, as we have seen, so i dont hold out much hope of the effectiveness.

Peter

[labman]

Re: rossendales walking possesion

Indeed, I agree. However, one can and should put every deterrent in place that one can. It all helps when it comes to the complaint!

[Guest]

Re: rossendales walking possesion

Hi found this i my archive

National Standards for Enforcement Agents – Page 9

Published by the Lord Chancellor’s Department – April 2002.




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 if further 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.

§ Enforcement agents must withdraw without making enquiries if the only persons present are children who appear to be under the age of 12.

§ Wherever possible, enforcement agents should have arrangements in place for rapidly accessing translation services when these are needed, and provide on request information in large print or in Braille for debtors with impaired sight.

§ 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,
[FONT='Arial','sans-serif']those who have obvious difficulty in understanding, speaking or reading English[/FONT]
[FONT='Arial','sans-serif'][/FONT]
[FONT='Arial','sans-serif']Peter[/FONT]

[labman]

Re: rossendales walking possesion

I nearly posted that exact extract up yesterday. Sadly it does not say they cannot levy, though it hints they perhaps should not.

The reality is that many bailiffs consider themselves above the law anyway and do not pay much regard to any of the guidelines or legislation.

Thanks for posting it up though!:beagle:

[Guest]

Re: rossendales walking possesion

HI
Yes it is pretyy toothless and mostly ignored. just had an email from Paul Nichols about this very subject i will ost it on my Bailif Regulation thread.

Peter

[outlawlgo]

Re: rossendales walking possesion

Rossendales
Wavell House,
Holcombe Road,
Helmshore, Rossendale
BB4 4NB

Can't find an e-mail for her immediately, but if you phone 0844 701 3984 they should give you her e-mail address.

If I come across it, I'll post it up.

A little late probably, but through a series of trial and error, the email address for Rossendale's Julie Green-Jones is likely to be jgreen-jones@rossendales.com