newbie here

[debbieday]

hi .
just like to thank everybody for all the help i have found on these forums.
at the moment i am arguing with a bailiff from rundles about unpaid council tax .which i have since made full payment to the council
i have sent letters of complaint to rundles .the council and today the court that issued his certificate , he is coming back friday to take away my husbands motorbike which was park inside the drive ,even though i told them it is his vehicle for work.i have offered to pay the first visit fee .but no they want 219.00 .they never made any other visits or vans .and when i told the bailiff this .he bloody laughed at me and said he will get his money,he been doing the job for 20 years and always wins .he is a nasty piece of work .and he hasn't followed any of the correct rules.im going to keep fighting them.i have not let them in or signed anything,will keep you all posted .just want to let everybody know .dont get frighted and just cough up

[Amy]

Re: newbie here

Is the bailiff aware of the Form 4 complaint against him?

I would advise you move the bike and park it elsewhere until this is sorted out. Is this bailiff certificated? You can check this here Bailiff Guide - Legal Beagles Consumer Forum

[debbieday]

Re: newbie here

thanks gona move the bike today .i did check the register and his name was not on it .that is why i asked the court if he was certificated no reply back from them yet .my husband just wants me to pay the 219 cause he frightened to lose his bike . i have not spoke to the balliff since and i have not filled in the form 4 yet .
am doing the right thing ?

[Amy]

Re: newbie here

Sometimes the list is not up to date. Telephone the Ministry of Justice on 020 3334 6355 and they can check for you.

Do you have a breakdown of the charges?

[debbieday]

Re: newbie here

the fees are
visit 1 24.50
visit 2 18.00
attendance with van 150.00
levy fee 27.00
i swear he did not call other than 1 visit .

have copied and pasted letter i sent to rundles.they have not answered it
Dear sirs
In response to your letter dated 12th April 2010 . Unfortunately there seems to be quite a few discrepancies of facts supplied in your letter .
There were no attendances made to this property by your bailiff on the 24th and 25th of march 2010 as stated and therefore no paperwork was left
.if the said bailiff can give us the time of his supposed attendances on both days .we will be able to provide further proof of this .
Also when myself and mr day spoke to the bailiff to discuss the costs on the notice as they were no breakdown of fees given .at no point did he advise us this was a third visit and indeed I did not know the cost breakdown until I had written to you on the 8th april asking for it
The first visit by the bailiff was indeed at 8th April 2010 there was not a van present in fact the vehicle used was a private car of a Suzuki and Mr day did not promise to make payment ,he advised your bailiff that the matter of finances are dealt with by myself and that I will be telephoning him after I finished work .
I telephoned the bailiff mr leadley at 17.09pm that day and told him there is an error of the council side concerning this money .I had previous letters from the council stating that I did not owe them any more council tax this year 2009 as I had overpaid .. He said I would have to take matters up with the council and to make payment to himself and try to get it payment back from the council
he then said they would seizure my husbands motorbike and I replied that he couldn’t has it is a vehicle to travel to work .he then argued the case saying he could ,and because my husband needed the motorbike to travel to work the following night so I offered to make half the payment , the job in Attenborough 35 .3 miles away and no other means of transport to get there no public transport available at my husband working hours of 9.00pm till 4.00 am (security sector ).
I have since sorted out the problem with great Yarmouth borough council . And the only balance outstanding of bailiff fees are indeed a first visit fee of £24.50.
Which is the first visit fees I had previously queried ( although your fees were very much higher) in my correspondence to you and the complaint about the bailiff fees I made to great Yarmouth borough council on 8th April 2010
I can contact the bailiff to make this payment ,or send it to your address .please advise


thanks for your help amy so far

[Amy]

Re: newbie here

As usual, the charges are a work of fiction and I suspect they know it, which is why they haven't answered you.

Have you also copied this letter to the council, because they are vicariously liable for the bailiffs as they employ them?

[debbieday]

Re: newbie here

yes ,i have .still no answer back from them even phoned them today and a manger was going to call me straight back .but they didnt .
the bailiff left a notice of seizure /inventory with us last visit just listing my husbands motorbike ,and said he owns that now and we not allowed to move it .we have move it and hid it around the locked back garden ,but my husband is frighted he will be arrested for moving it .will he
x

[Amy]

Re: newbie here

No, he will not be arrested for moving it. He will not and cannot be arrested because the levy is illegal. Therefore, the bailiff does not own the bike.

However, if the levy was legal and he did own the bike, then yes, it would be illegal to move it and/or sell it.

[debbieday]

Re: newbie here

sorry .but i want to quote why the levy is not legal to the bailiff tomorrow ,can you tell me why it isnt in the legalish terms lol , thanks again for all your help .you seem to be a light shining at the end of a dark tunnel x

[Amy]

Re: newbie here

No problem, do you want to go into the chat room? Legal Beagles Consumer Forum

[debbieday]

Re: newbie here

hi amy , re telephoned the council today, they say they cannot help me , i have to deal with the with the bailiff alone . it is out of there hands .but rundles sent them a letter reducing the fees to £177 as the bailiff had not completed his paperwork on the 1st or 2nd visit .
then just had the bailiff round . i offered to pay him 42.50 and have emailed the offer to rundles .
the bailiff said they had dozens of bailiffs looking for the bike and that they can seize it whenever they see it. and he wont accept less than 177. now husband is frightened again that if he goes to work .they will follow him and snatch it
have copied letter i sent rundles below
dear sirs .
following the no reply to the letter i sent you,12th april and the legal advise i have received . Great yarmouth borough council have advised us that you have now agreed to reduce the fees .as your bailiff mr leadley did not act correctly and fill in paperwork .
i can offer to pay as final settlement

I agree to pay to discharge the debt the legal amount owing of 42.50
1st and 2nd visit fee. Ist visit being 8.4.2010 and 2nd visit being 4.5.2010 as I had offered 24.50 in my previous letter to rundle & co ltd dated 12.4.2010. To which i have had no reply .
The levy was illegal therefore I do not have to pay attendance/van fee or levy fee .
the levy is illegal on the grounds that
1. No peaceful entry has been gained
2. No walking possession has been signed
3. Statutory regulations state that items used personally and necessary in employment business or vocation must not be taken .
please advise if this is acceptable by return as i wish this matter to close , due to my ill health , the stress is making it much worse
your faithfully
mrs deborah day and mr paul day

[Amy]

Re: newbie here

This is outrageous.

You need to send a letter to the council, not an email and head it with "COMPLAINT" make it forceful and forthright. If you need any help then post up a draft and we can take a look at it.

It is absolute rubbish that the council cannot help you. They employ the bailiffs for crying out loud and it is not good enough for them to wash their hands of the problems caused by their bailiffs.

They do not have dozens of bailiffs out looking for the bike, this is a lie and should be included in your complaint letter. Have a search around the bailiff forum for "fraud."

The only reason the fees have been reduced is because they are fraudulent.

[debbieday]

Re: newbie here

last email from rundles
I can advise that a full response was issued by our office which clearly states our position and what payment is required in this matter. I have attached a copy of this response for your information.

Whilst I note your offer to pay £42.50 in full and final settlement of this matter, I am afraid that we cannot accept this offer and would refer you to the attached response for details of the required payment to conclude this matter, as agreed with our client Great Yarmouth Borough Council. I would further point out that as the levy conducted by Mr. Leadley is legal and correct, the vehicle in question is now legally the possession of our company and therefore any attempt to remove or sell this vehicle will in itself be an offence of Pound Breach. This vehicle remains the property of our company until the full outstanding balance is discharged and can therefore be removed by Mr. Leadley legally from any property in England and Wales.

Regards

Natalie
and my reply back

Dear madam
in reply to your email (10th may ) can you please just confirm the statement as you sent to me to be true the required payment to conclude this matter, as agreed with our client Great Yarmouth Borough Council

as i have being constantly complaining to great yarmouth borough council and told me there is nothing left for them to do , this would be included therefore in my complaint against them with the local ombudsman
also i wish to point out your other statement the vehicle in question is now legally the possession of our company and therefore any attempt to remove or sell this vehicle will in itself be an offence of Pound Breach

Can i point out Lord Denning judgement on this .....goods are not validly impounded unless they are locked up in a room or otherwise secured in such a way that is manifest that they are not to be taken away. “Walking Possession”may be sufficient as against the tenant who agrees to it,
i did not agree or sign a walking possession
waiting your reply
deborah day



hope i am all right with this
any news as yet
and thanks to you both for all your help xx

[Amy]

Re: newbie here

God, they do like a fairy story!

If there is no paperwork how are you supposed to know that the vehicle is seized? Therefore, it follows that you cannot be guilty of pound breach.

No other news as yet, hopefully will have some for you soon though and yes, you are doing absolutely the right thing.

xx

[Amy]

Re: newbie here

Debbie, send them this letter from this thread post #4 at once Urgent Advice BAiliffs - Legal Beagles Consumer Forum

Dear Sir/Madam

TAKE NOTICE

That any visit to the above property post (add date of this letter) by yourselves, your agents, or those otherwise acting on your behalf or upon your instructions, stating either verbally or in writing an intention, unlawfully or by force, or guile (and other than by express invitation) to enter these premises and remove property, will result in the arrest of the agent/person concerned for attempted burglary. Steal shall mean any removal or attempted removal, or intention to remove, any property in which you have no lawful Title or Property therein.

I reserve the right to produce a copy of this Notice to the Court in future proceedings.

Yours faithfully