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Bailiffs. taking my pets + more

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  • Bailiffs. taking my pets + more

    hi all :beagle:
    where do i start????
    i have an out standing debt with stafford council tax , in 2008. which was being paid out of my Job seekers allowance at sauce at a rate of £3.25 a week. i come off Job seekers allowance and started to work on the 1 of june this year. had a new council bill come and i owe £1,192.00. £650.44 for this year and £541.56 for the out standing debt. phoned them upto say that i was making a clame for houseing and council tax benafit as i only got £300 every 4 weeks and to ask for a payment plan for the debt that i owned and one was sent on the 15/6/2010 and the first payment was to be on the 3/7/2010 for £83.44 but i could not pay on that date as i did not get any wages till the 25/7/2010. did phone and explain why it was going to be late. was told that i would get a instalment reminder letter sent out, it came on the 10/7/2010. i thought that the payment plan included this years and the debt. then i got a letter from Bristow&sutor on the 14/7/2010, stating that they were actting on behalf of stafford council and that i owed £850.68. which i must pay immediately or to contact the office. so i did and was told i had to ring the bailiff on his mobil phone. having used up most of my credit on my phone i sent the bailiff a text stating who i was and a ref no: and to please ring me back to arrange a payment plan. he did not ring me back at this point. then on the 3/8/2010 he came to the house . i was not in and he left a letter headed final warning. again i rang him got no reply. next day i rang again and again the day after . he then rang me back on the 5/8/2010. said he had to come round and do a levy and i would have to pay the full amount. I said i was not in and he could come round on the 6/7/2010/ no he came round les than 20 mins after the call inspite of me telling him that i was out. he could not get in the house but he did go round the back and make a list of goods in the garden that he could see from the path at the back looking over the fence. then put a letter through the letter box notice of seizure of goods and a list of the goods.

    can he do this by just looking over a fence and with out my permision the path that he went down is not a public right of way but access to the back of our houses only.
    also can the bailiff list any amimals on the levy.?
    and can he take them in 5 days time if i have not signed any of the paper work or seen him face to face?

  • #2
    Re: Bailiffs. taking my pets + more

    No he can't! Do not in any circumstances let him into the house or leave a door unlocked or window open! Do not sign anything.
    Read the Baliff Guide by Amy and see what their powers are.

    Comment


    • #3
      Re: Bailiffs. taking my pets + more

      Good advice from cedric, you will find the guide here A guide to Bailiffs
      Any opinions I give are my own. Any advice I give is without liability. If you are unsure, please seek qualified legal advice.

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      Comment


      • #4
        Re: Bailiffs. taking my pets + more

        thanks Cedric
        i will not even open the door to any one unless i know them. IE my mum or my kids and Friends. so hes got NO chance of me opening the door for him. and i never sign for any thing. all my doors and windows are lock all the time but i do have a big dog flap that he may try to get in if he can get past the very nasty dog i have. my dog will bit if any one comes in the yard at the back of my home but it has a 6 foot wall and a padlocked gate to stop any one coming in to the yard.

        now you said" No he can't!" is that to taking my pets IE parrot in an aviary, rabbit in hutch, ferrets in pen and chickens in hen house. including all their pens and feeders. yes lots of pets not all mine some belong to my kids or i foster them.
        or no he can not levy good that he see over a fence in to my garden from a path that is not a public path but is a privet path/ right of way for other neighbors access to their back yard/ gardens only . i live in a mid terraced house that has a small entry that gos down between me and my next door neighbors house but my bedrooms are is over the top of the entry at the bottom of the entry the path go both to the left and right past the back yards on one side and with the garden on the other side of the path. this entry and path are privet and not a public right of way. and the bailiff was not invited to come down that path by me or any of my neighbors. so did he trespass. as at that time he did not have a levy on my goods.
        he did do a levy at this time on things like cloves parasol, garden bench, builder spirit level builders trowel, garden spades,yellow hoe and a black empty bird cage. all these this belong to a Friend that is helping to do the garden for me and as for the black empty bird cage it is in fact black ferrite cage and it had a ferrite in side it be he could not of seen that as it was partly behind a rabbit hutch .
        can he come back and take these as i have not signed any forms and did not invite him in to the back garden?

        Comment


        • #5
          Re: Bailiffs. taking my pets + more

          Concentrating on the animals for a moment, I would give the RSPCA a bell. Just what exactly would a bailiff do with a van full of animals? Whilst it's perfectly feasible they could be disposed of at auction, I find it hard to believe that they would possibly be able to house those animals until such time as that happened. So surely there will be welfare issues.

          And even if they managed to find a temporary home for them, I would imagine they would attempt to bill you for boarding fees. And if they didn't sell at auction? What then? Destroy them would be the only route open to them.

          Shower of heartless feckers.
          My Blog
          http://cabotfanclub.wordpress.com

          Comment


          • #6
            Re: Bailiffs. taking my pets + more

            If you don't mind the publicity contact the media as no doubt they'll love the story Show the feckless barstewards for what they are, money grubbing toerags

            Comment


            • #7
              Re: Bailiffs. taking my pets + more

              The pets + anything else! They are not allowed to remove anything unless you have signed! These are bullying tactics and you should keep a log with a view to an official complaint.

              What he did write down was not a levy! Just a list designed to scare you.

              Contact your local County Councilor.

              Comment


              • #8
                Re: Bailiffs. taking my pets + more

                hi all
                thanks for all your help every one of you.

                did not get any sleep last night, was bissy reading all the info on the bailiffs and what they can and can not do and what i can do too.. also printing out tons of info and all the form/ templats that i can ues like, a take noitice letter, a sar letter, i know my riright letter and a form 4 form and any other letters and forms that i could find that i can and WILL use.
                now just one last thing pleases.
                if he does come on to my proprty ie my yard or back garden and the dog attaces him can he legaly do any thing like have my dog put down. i have got very big signs up all a long the wall informing peple that the dog will bite and to keep out.
                well off now to post lost of letters and then some sleep
                thanks all

                Comment


                • #9
                  Re: Bailiffs. taking my pets + more

                  From the animals act 1971, section 5

                  (1) A person is not liable under sections 2 to 4 of this Act for any damage which is due wholly to the fault of the person suffering it.
                  (3) A person is not liable under section 2 of this Act for any damage caused by an animal kept on any premises or structure to a person trespassing there, if it is proved either:
                  (a) that the animal was not kept there for the protection of persons or property; or
                  (b) (if the animal was kept there for the protection of persons or property) that keeping it there for that purpose was not unreasonable.

                  In a nutshell, dont say its a guard dog (and if you have signs saying so, take em down - the normal 'dogs here, dogs running free etc signs will suffice). Its apparently easier to use a defense that a family pet bit an intruder as opposed to using the (3(b)) defense and having to argue it was 'reasonable' for you to have a guard dog - there isnt much comeback to a prosecution when you say 'its our pet' but they could argue a guard dog was unreasonable in the situation.

                  Of course, if the bailff has right of entry then they are not an intruder. However from what I read of your case here they dont have that right at this time, but you need to clarify that point with legal advice I would think
                  Last edited by shamen; 9th August 2010, 12:54:PM.
                  Advice given is offered as personal opinion only. I always recommend you seek professional legal advice.

                  Negative, I am a meat popsicle

                  Comment


                  • #10
                    Re: Bailiffs. taking my pets + more

                    If the dog does bite the bailiff, please make sure you take the dog straight to the vet as he would most likely have picked up something from the verminous, slime bellied, piece of ***t.

                    Give the dog a hug from me please.

                    Comment


                    • #11
                      Re: Bailiffs. taking my pets + more

                      What you are all forgetting is that bailiffs lie. Therefore, it must follow that they are lying about taking your animals. What is actually on the levy?

                      What you should be concentrating on is sending a Subject Access Request, which you will find in the link Tools gave you at post #3, in order to find out what fees have been applied and what for. Then we can go about getting them reduced, because they are probably a work of fiction (rather like him threatening to remove your animals).

                      Comment


                      • #12
                        Re: Bailiffs. taking my pets + more

                        Not sure if I am allowed to post links.. if not, please remove.



                        Are the bailiffs able to remove all of my goods?
                        • Certain goods are protected from removal by the bailiffs. These include: -
                        1. Such tools, books, vehicles and other items of equipment that are necessary to the debtor for use personally by him in his employment, business or vocation.
                        2. Such clothing, bedding, furniture, household equipment and provisions as are necessary for satisfying the basic domestic needs of the debtor and his family.
                        3. Pets/Live animals

                        Comment


                        • #13
                          Re: Bailiffs. taking my pets + more

                          What you have to understand, is that these people are trained to get money, even by using underhand and harsh tactics...they will tell you anything.

                          The Bailiff cannot take your pets!

                          I feel enraged on your behalf, especially at a time when we have record numbers of pets being abandoned.

                          The bailiff is a moron and a cruel moron at that.
                          ------------------------------- merged -------------------------------
                          Originally posted by Amy View Post
                          What you are all forgetting is that bailiffs lie. Therefore, it must follow that they are lying about taking your animals. What is actually on the levy?

                          What you should be concentrating on is sending a Subject Access Request, which you will find in the link Tools gave you at post #3, in order to find out what fees have been applied and what for. Then we can go about getting them reduced, because they are probably a work of fiction (rather like him threatening to remove your animals).

                          Agree!

                          Please make a FULL Subject Access Request!
                          Last edited by Angry Cat; 10th August 2010, 19:19:PM. Reason: Automerged Doublepost

                          Comment


                          • #14
                            Re: Bailiffs. taking my pets + more

                            Originally posted by Mr Muffet View Post
                            Not sure if I am allowed to post links.. if not, please remove.
                            You are, and thanks.

                            I'm not sure that domestic pets are yet under the exempt goods thing, Citizens advice were on about having got the government to commit to it but a consultation last year on enforcement orders stopped short of it preferring to discuss exemption on value only. Also the hansard discussions on the TCE Bill added Domestic Pets, but it didnt make the final Act, along with the other stuff about powers of entry, and they stuck with the standard bedding / basic household goods stuff.

                            I could be completely behind the times though but I would like to see the legislation that is in force that states pets can't be taken, as I can't find it, and its nice to be 100% on these issues.
                            #staysafestayhome

                            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                            Received a Court Claim? Read >>>>> First Steps

                            Comment


                            • #15
                              Re: Bailiffs. taking my pets + more

                              As has been pointed out on this thread already, there are issues with the seizure of animals. If the animals were to be seized, they would need to be taken care of in the interim and the bailiffs have no premises to do this much less any inclination or intent.

                              Therefore, just because it is not expressly forbidden does not mean that it is expressly allowed.

                              Comment

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