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Balliff take money from relative?

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  • Balliff take money from relative?

    Hi Every one, and well done on an excellent site.

    Hopefully you will be able to give me some advice to pass on to a friend whos uncle has just paid the baliffs

    Friend owed council tax from a property that he was renovating, it was empty and uninhabitable, he was under the impression that he was exempt from council tax. As he was working away most of the time he took over a year to finish the work , so the council had sent out bills which for one reason or another were either not seen or put aside.

    Eventually he had a visit from the baliffs trying to collect outstanding money. He contacted the council explained the situation, received a revised council bill which he paid to the council imediatley. The council informed him that was the end of the matter, and although the baliffs may call again he should tell them he'd paid the council and certainly not pay any money to them.

    Several months later the baliffs returned whilst he was at work and spoke to his uncle who is visiting from the U.S. Not sure what happened on that visit except the Uncle confirmed my friend lived there and was at work.

    Yesterday my friend left for work at 6.30 AM to find the baliff clamping his car which was parked on his drive. An early morning heated argument to place, which resulted in my friend trying to break off the clamp with a hammer.

    The baliff rang the police who strangly managed to turn up 5 handed in seconds. ( wish they done that when I've needed them!!! ). Friend was warned he faced arrest as he continued to hit clamp. The police were not interested in anything which he said and just kept advising him to pay . The police told him to pay £270 and it would all be finished. The baliff said he was going to get a tow truck and tow his car away. This all continued for an hour and a half, my friend eventually parked his uncles car across the drive infront of his own and told everyone he was off to work, advising baliff he didn't need car for a couple of weeks. He left for work.

    Once he had left the police left. The baliffs remained.

    After a while the uncle ( 70 years old ) got involved in conversation with the baliffs, he was eventually convinced the car was going to be towed and the bill for removal and storage would run to thousands. The baliff convinced him it would be better for everyone if the Uncle paid. He was pressured into paying on debit card £550. The baliff tried to get him to get the cash but he refused. The only paperwork he was left with was a simple receipt for £550.

    He phoned my friend who was dumbstruck. My friend rang the police to report the matter, telling them his uncle had felt menaced into paying..

    I advised him today to have his Uncle speak with his bank and try to block the payment . he did this and the bank are looking in to it.

    Would any of you have any ideas of other avenues they might be able to try to get the money back. None of the baliffs actions sound very ethical to me.

    Sorry for the long post, but this is all i've heard about at work for the last 2 days.

    Hopeing for any advice to pass on

    Regards

    Simon
    Tags: None

  • #2
    Re: Balliff take money from relative?

    If I understand you correctly this should be straightforward. The council tax bill had already been paid in full - yes?

    Assuming this is right and the council say the bailiffs may call but don't pay them, you need to go to the council, see the person in charge of Council Tax and tell him that the council is vicariously liable for this. What are they going to do about it? What are they going to put into place to ensure it NEVER happens to someone else. Emphasise that this has caused huge stress to both your friend and his uncle.

    Vicariously liable means that as the council employed the bailiffs they are just as liable for the bailiffs actions as the bailiffs themselves. Being reminded of this fact in this situation should put the fear of God into Mr Bossman who is likely, I would imagine, to remedy the problem.

    Maybe then you can discuss the issue of compensation!

    Comment


    • #3
      Re: Balliff take money from relative?

      Well actually no it won't put the fear of God into anyone. Because a) council workers are generally stupid and don't know the rules, or choose to ignore them and b)Bailiffs don't believe in God, their religion is cold card cash, which they seem to have cconned your uncle out of.

      Call the bank immediately, if it was a Visa payment insist on a chargeback.

      By all means write and complain to the Council, as an offical complaint as they obviously have not followed correct procedure.

      Write to the Bailiffs in very strong terms demanding a full and immediate refund of monies paid, whcih were obtained by duress. Give them a set time limit to reply and refund. Read the Bailiff Guide at the top of this forum, sorry I can't do a lionk at the moment.

      Come back and shout if you need any more help.
      Is no longer here

      Comment


      • #4
        Re: Balliff take money from relative?

        Originally posted by WendyB View Post
        Well actually no it won't put the fear of God into anyone. .
        You honestly don't think the Head of Council Tax won't realise the implications for the council of them being vicariously liable for this?

        He certainly was in my case!

        Comment


        • #5
          Re: Balliff take money from relative?

          One would have thought that, as Head of the Council he/she would already know the implications, if not, one would have to conclude that he's not very good at his job, otherwise measures would have surely already been put in place to stop this sort of thing happening, wouldn't they?
          Is no longer here

          Comment


          • #6
            Re: Balliff take money from relative?

            Since you have now had the inconvenience of the car being clamped, despite no money being owed to the council, you can file a claim against the council including the loss of use of your car and you have a right to demand that the council pay you compensation for the distress and upset that this has caused.

            I would also write to the Chief Constable of your Police Force and ask why his officers helped the bailiff to gain a payment to which they were not entitled.

            If it were me, I would also consider filing a Form 4 complaint.

            Comment


            • #7
              Re: Balliff take money from relative?

              Thanks for the replies . I have shown them to my friend who extends his thanks. He is keen to follow up by writing to the suggested parties. Would these have to be actual letters, or are email sufficient ?
              What is a form 4 and where would I get one.
              Friend said hindsight is a wonderful thing, and wishes he had video recorded the whole thing .
              Regards

              Comment


              • #8
                Re: Balliff take money from relative?

                Here you go - should be self explanatory:

                http://criminal-bailiffs.angelfire.com/complaint.htm

                Comment


                • #9
                  Re: Balliff take money from relative?

                  You can download the Form 4 from here (at the bottom of the page)
                  Bailiff Guide - Legal Beagles Consumer Forum

                  Comment

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