Removal question

[G41979]

To keep it simple, just after an answer as to what the bailiff can take, in relation to whats on the walking possession order / levy?

Cutting a long story short, Ive had an agreement with a bailiff, (signed the levy.. I know!!) paid them money as and when possible but due to being made un-employed at the moment (self employed motor trader with a driving ban) Ive had the dreaded removal notice, with removal due for tomorrow.

Ive rang them saying Ive managed to secure half the money for Friday and Im waiting to hear tomorrow whether they accept my proposal but if removal takes place tomorrow, what can they actually take? The original levy is for a 42" TV, PS3, surround sound system and laptop which I use for work. Can they actually take other goods or will it just be these and Il have to find the shortfall?

[di30]

Re: Removal question

Hi and welcome to LB

I'm sure someone will be along to help you soon, and I take it you have also checked the link below too?
http://www.legalbeagles.info/forums/...splay.php?f=76

and here

http://www.direct.gov.uk/en/MoneyTax...rs/DG_10034289

Wishing you luck and hope this matter is resolved very soon.

[Amy]

Re: Removal question

They can only take what is listed on the levy.

Tell us more about the levy, did you invite the bailiff into your house to sign the walking possession? Do you have children in the house?

A dramatic change in circumstances such as this, the council should take the debt back and try and help you, but you will need to force them to do this.

[G41979]

Re: Removal question

Thanks for the replies.

I actually let the bailiff in thinking that it was the easiest way to resolve the problem; worst thing I could have done it would seem..

I have a daughter, but she doesnt live with me, I know its only a small thing but since the levy shes sinced claimed the PS3 so its in her bedroom, will that make a difference?!

Waiting on a call from the bailiff at the moment, not holding out much hope of an agreement though, think it will be a case of removal. Would it be worth calling the council?

[G41979]

Re: Removal question

Just an update..

Rang the bailiff just now, and they've agreed to my proposal although 'my boss seriously isnt happy and he wanted to remove.' Appointment scheduled for 2pm Friday for them to collect their money.

Im intrigued though, what are my options regarding the council, what would I have to do to try and get them to take the debt back, as Im borrowing the money to pay the bailiff, something I didnt really want to do..

[Amy]

Re: Removal question

As above, because your circumstances have changed, you should write to your council since they do actually have a duty to help those unable to pay. If this happens, you will need to pay the fees for the work carried out by the bailiff. However, they have a tendency to inflate their fees. Do you know what fees have been added to your account?

[G41979]

Re: Removal question

Would telephone contact be with the council be enough, as writing to them probably wouldnt resolve it within the next few days?

Not sure about charges as all Ive got is a balance figure from the bailiff. If I ask them, do they have to give me a breakdown of what charges have been added?

Sorry for all the questions, totally new to all this!

[Amy]

Re: Removal question

Start with having a read of this Bailiff Guide - Legal Beagles Consumer Forum

Writing is always better, because the number one function of a bailiff is to lie and they are very adept at it.

[G41979]

Re: Removal question

What would be the best way to approach the council about this? I realise I am leaving it a bit late now, but Im sure its worth a shot. Has anyone had experience getting their account passed back to the council?

[Mrhopeful]

Re: Removal question

What would be the best way to approach the council about this? I realise I am leaving it a bit late now, but Im sure its worth a shot. Has anyone had experience getting their account passed back to the council?

The council has taken my debt back, but it came about from initially he bailiffs taking my fathers vehicle.

Every time I rang somebody, I could not believe how unhelpful and rude they often were, so much so i decided that if i was to make any more phone calls, I shall record them. A 6 minute conversation with the bailiff yesterday certainly added a new twist to the outcome of this matter, not that the council or the bailiffs have ever accepted this as so, since I told them about things he said in the conversation, I have had my matter resolved pretty quickly !!

So my advice is, Do what Amy advises, she knows what shes doing, and if you do need to ring them, which you will often get advised not to, but its not always that easy, then record the convrsations.. You may get a bailiff telling you some stuff he isnt allowed to

[G41979]

Re: Removal question

Im going to avoid ringing the bailiff if at all possible, first stop tomorrow is a telephone conversation to the council to see what they have got to say about it; Im expecting total unhelpfullness but never mind..

Thanks all for you help anyway!

[G41979]

Re: Removal question

Last update..

Spoken to the council today who have said that they can only call the account back from the bailiffs if they feel it has been wrongly passed to them in the first place and that in my instance its best to pay the bailiff tomorrow and carry on paying the debt off with them.

[ben13]

Re: Removal question

Last update..

Spoken to the council today who have said that they can only call the account back from the bailiffs if they feel it has been wrongly passed to them in the first place and that in my instance its best to pay the bailiff tomorrow and carry on paying the debt off with them.

Its all bull*****!!! The council can take back the account whenever they like!!!

I think a complaint to the CEO of your council is in order. However, Amy is the best person to advice you on all matters bailiff.
If you follow Amy's advise you will be ok

[WendyB]

Re: Removal question

Which council is this?

The council can and do take debts back but you have to keep on at them to do it.

As time is running short you may well end up paying the bailiffs as agreed, if it comes to this then you can fight the rest of it afterwards. You need to find out from the council exactly how much your debt was in the first place, and how much you now owe. You also need to find out what charges the bailiffs have applied to your account as you can bet your bottom dollar that some of the charges are fraudulent and are inflating the balance owing.

You need to send SAR to the bailiffs and the council to see exactly what has been happening on your council tax account, this will also show what charges the bailiffs have applied to the account.

Have you read the Bailiff Guide as posted by Di and Amy earlier on?