sooner go to prison that pay a debt i don't owe

[lisa123]

Re: sooner go to prison that pay a debt i don't owe

I have also read that they have been known to levy on a dog but 4 of them might be a bit tricky x especially the jack russell whose the worse of the lot xxx anyway will be fun to watch via cctv xxx

[Caspar]

Re: sooner go to prison that pay a debt i don't owe

Are bailiff bones any good for making soup or would they putrify it?

[lisa123]

Re: sooner go to prison that pay a debt i don't owe

the dogs and cctv are there originally for my ex husbands benefit but that's another story xx ex husbands and bailiffs would both benefit from purification xx

[CleverClogs]

Re: sooner go to prison that pay a debt i don't owe

Thanks for the imput. For those who think that I have just sat on my laurels and not taken any advice given - I wrote a 3 page letter to South Derbyshire District Council on 06/08/11 complaining about the actions of the bailiff ( A Boston ) and that I will be holding them jointly reponsible for any action taken by Equita sinced they are employed by the council, also the reasons why the debt should not of incurred in the first place, sent them original copies of my daughters EMA notification letter (which I should not of been asked to provide in the first place, since it is a letter not addressed to me and to my mind they should have written to my daughter for this confirmation) also originals of notication of seizure notice and removal of goods notice. I have made photocopies of all of the above. Decided that putting it in writing rather than speaking to someone on the phone (which I already have) would be the better way to go about it.

Yes, indeed it was - well done!

Did you check to see if Mr Boston was actually a certificated bailiff working for Equita? I checked last week and he did not appear to be.

To whom at the council did you write? You should have written to the Revenue Officer, cc'd to the CEO.

In my first response, I alluded to the celebrated "outsourcing" company, Crapita, having assumed that they had taken over the administration functions of the council. The reason for this assumption was that Equita are part of the Crapita group. This assumption was actually a mistake; although the administration has indeed been "outsourced" for the past year, quite another company (Northgate IS - link) is involved.

This was hand delivered by me to South Derbyshire District Council on saturday night.

That may not help very much as, unless you obtained a receipt for it, they will be able to claim that they never received it.

I know that Special Delivery costs money, but you should try to think of it as an investment.

Also emailed the same council this morning with said bailiffs illegal actions to inform them that if any bailiff atempts to remove any goods from my property that I would be calling the police to have him arrested for trepass and harrassment and since he is employed by them they will be held responsible.

Good job i have cctv.

All good stuff, but don't expect the plods to do a damn thing other than to recite their usual mantra, "It's a civil matter, madam" (translated: "It'll be your word against his and it'll mean a lot of awqu ... orqua ... aqua ... nasty paperwork for a conviction that we either won't get or will end up with the bailiff getting a smack on the wrist, so we'd prefer to sit here and munch our doughnuts in peace.").

[CleverClogs]

Re: sooner go to prison that pay a debt i don't owe

the letter for removal arrived on saturday morning 06/08/11 which reads:

'Despite previous applications for payment you have failed to pay the outstanding Council tax due to South Derbyshire District Council.

Therefore I have been issued your case so that I can call at your home this coming weekend with a removal contractor when I will [r]emove your goods to the local auction house.

I would prefer that you were in attendance when your goods are removed and should another day be more suitable I urge you to contact me on the number below immediately.

Should you prefer to pay the balance outstanding I will require the full payment to be at this office in good time before I call.

Your sincerely



Bailiff Manager
Equita Limited.'

It looks like bluff and bluster, but I do wish you'd given the name of that putative "bailiff manager".

Still, I believe it would be wise to write to that Chief Numpty, cc'd to the CEO of the council. telling the fellow that Mr Boston had tried to levy on a motor car that has never belonged to you and that, as no walking possession agreement exists and no lawful levy was made, any attempt to remove goods and chattels would also be an unlawful act for which you would hold Equita and the council jointly and severally liable.

Needless to say I haven't contacted the bailiff apart from speaking to him on the phone when the notice of seizure was sneaked through my door. Have no idea whether they meant the weekend just gone or next weekend.

It really does not matter which weekend was intended, as an improper levy was made - which would be immediately apparent once the numpties checked the registration of the Nissan Micra with the DVLA.

Anyway my dogs will have a field day xxx

Poor dogs, :tung:

[lisa123]

Re: sooner go to prison that pay a debt i don't owe

When i wrote to the council I have gone through everything that their bailiff has tried to do and written illegal action, This was also repeated in the email I sent this morning.
The reason the letter says Bailiff Manager is because that is exactly what it said. There was no signature.

[CleverClogs]

Re: sooner go to prison that pay a debt i don't owe

When i wrote to the council I have gone through everything that their bailiff has tried to do and written illegal action, This was also repeated in the email I sent this morning.
The reason the letter says Bailiff Manager is because that is exactly what it said. There was no signature.

He seems either to have been a coward, slightly wise or, perhaps, both; either way, he knows better than to append his name to threats like those.

[Celestine]

Re: sooner go to prison that pay a debt i don't owe

At the request of the OP, all off topic posts have been removed. Please keep the topic of the thread to assisting Lisa with her particular issue. Any further off topic posts will be removed.
Many thanks

[lisa123]

Re: sooner go to prison that pay a debt i don't owe

Received this email yesterday afternoon. I think they've lost the plot. Council don't seem to understand why I have included my daughter's EMA papers (they asked to see them to prove that my daughter was/is on Ema) that is the reason they took me to court in the first place. Not sure about the data protection act but since it was emailed to me I consider it to be my property

Good Afternoon,

I acknowledge receipt of your letter dated 06 August 2011 and your e-mail dated 08 August 2011. I hope the following clarifies the recovery actions taken on your account.

Please find enclosed copy documents relating to your 2010/11 liability upon which there is an outstanding amount of £196.97.

A Liability Order was made at Derby Magistrates' Court at the hearing on 14 April 2011. The making of a Liability Order against the liable persons immediately provides the authority with the power to obtain relevent information about the financial and other circumstances of those concerned and to apply any of the following remedies to obtain the monies due -

a distress
b attachment of earnings
c attachment of local authority members' allowances
d deduction from benefits
e bankruptcy or winding-up
f charging orders

The £196.97 amount covered by the Liability is currently in the hands of the Council,s bailiffs, Equita Ltd to levy distress on behalf of the Council.
Equita Ltd, the bailiffs, are appointed to act on behalf of South Derbyshire District Council and as such are required by us to follow a code of conduct in addition to their own internal policies. I have attached a copy of this for your attention.

A Boston is a certified bailiff acting on behalf of Equita Ltd and as such is allowed by law to make peaceful entry onto the driveway of your property. This is not classed as trespass.
I note that he levied on a car parked on your driveway. This is not illegal as ownership can be presumed. However ownership would need to be confirmed at a later date prior to removal. If you are not the owner or the car is under finance or leased he would not be allowed to legally remove it.

You letter mentions your daughter's entitilement to EMA. Although you do not state the reason you have supplied this documentation I have reviewed your account and think it may be to apply for a student discount in respect of ***************. I have therefore requested the billing section to issue the relevent forms. These will be issued under separate cover by post.

I have put a 30 day hold on your account at Equita Ltd, to allow time for these to be completed and returned. If your application is successful and your liability is amended the recovery on your account will also be reviewed and amended,

Regards

S Heldreich

Debt Recovery & Management Officer

South Derbyshire District Council

E Mail Stephanie.Heldreich@south-derbys.gov.uk

Telephone Number 01283 595832

Fax Number 01283 595857

www.south-derbys.gov.uk

************************************************** ******************** Please consider the effect on the environment before printing this email. Content: The views expressed in this email are personal and may not necessarily reflect those of South Derbyshire District Council, unless explicitly stated otherwise. Confidentiality: This e-mail and its attachments are intended for the above named only and may be confidential. If they have come to you in error you must take no action based on them, nor must you copy or show them to anyone; please reply to this e-mail and highlight the error. Senders and recipients of e-mail should be aware that under the Data Protection Act 1998 and Freedom of Information Act 2000, the contents may have to be disclosed. South Derbyshire District Council reserves the right to monitor both sent and received emails. You can find out more about South Derbyshire District Council by visiting South Derbyshire District Council

[lisa123]

Re: sooner go to prison that pay a debt i don't owe

whose that intended for?

[Celestine]

Re: sooner go to prison that pay a debt i don't owe

I think (hope) it's aimed at the council officer but I'll remove it as it's not exactly adding much to the debate eh?

[charitynjw]

Re: sooner go to prison that pay a debt i don't owe

Hi lisa,

The end bit of the email is a standard disclaimer, as re the DPA, they can only disclose info to the Data Subject (unless an exemption applies)
If you are the intended recipient of data which identifies you, then there is no conflict with DPA principles.

[CleverClogs]

Re: sooner go to prison that pay a debt i don't owe

A Boston is a certified bailiff acting on behalf of Equita Ltd

According to the Ministry of Justice, he isn't.

He does not appear anywhere in the list of bailiffs working for Equita - link - but a bailiff of that name does seem to have a certificate stating that he works for GSD Collections Limited - link - which latter company, according to Companies' House, was dissolved 25/01/2011.

[lisa123]

Re: sooner go to prison that pay a debt i don't owe

They also included the court order (which is the first time i've seen it dated 14/04/11 at which time I was on JSA and daughter was on EMA). Also their bailiff code of practice which I have tried to cut and paste on here but I can't get it to do it, so will have to type it in when I get an hour. Even that's laughable, I'm sure they make it up as they go along. If anyone wants tp see their Bailiffs code of practice email me on lisas aun@hot mail.co.uk and I will forward it.
------------------------------- merged -------------------------------
I wrote to them and told them that A boston wasn't on the list but they claim he is. I know he isn't I looked xxx

[CleverClogs]

Re: sooner go to prison that pay a debt i don't owe

I think (hope) it's aimed at the council officer but I'll remove it as it's not exactly adding much to the debate eh?

Do you mean that it had already been established?