Desperate Baliff Plea, Please Help!

[Roland Browning]

Re: Desperate Baliff Plea, Please Help!

Please Please advise this one seems out of my hands and playing into theirs now.

I understand how you feel P-T-D. I have been in the same canoe recently. If you dont mind I will subscribe to your thread. i am new user to this forum and am interested in what you have to say

[Amy]

Re: Desperate Baliff Plea, Please Help!

When a bailiff is permitted entry to a property, he seizes enough goods to cover what is outstanding. In order for this to happen, there must be a valid walking possession in place and this means, peaceful entry to the property must be granted. It is not enough to post a walking possession or merely view goods through a window.

The goods seized are levied on, which means that the bailiff owns them now. However, he allows the goods to remain at the property if the repayments are kept to. If the repayments are not kept to, then the levied good may be removed and sold at auction to raise the money to pay what is owed.

At one time, a bailiff had to physically touch the items he seized and of course, this would not be possible by looking through a window. This is no longer the case now, but as a wrote earlier, you have moved from the property where the peaceful entry was granted - so all this is irrelevant now.

[WendyB]

Re: Desperate Baliff Plea, Please Help!

Inform the council that you are willing to pay the outstanding council tax and any legitimate charges. Bear in mind that of the money you have already paid, the bailiffs will have deducted their charges first before handing over what is left to the council. This is why you need to contact the council and ask them exactly how much CT remains outstanding. Also tell B & S that you want a breakdown of your account. From this you will be able to see what charges they have added on to the account, then you will be able to argue the illegal ones and get them credited bak to your account. I found that I didn't need to send a SAR to B&S, I just rang them and they sent me a breakdown of the account in the post, it took about 5 days.

You will need to then write to B &S, copying in the council, and dispute the charges. You should also write to the council and point out the shortfalls in the bailiffs whom they employ, and remind the council of their vicarious liability.

In the meantime, if the bailiff should return, tell him to go away (or something along those lines). Don't let him in and don't give him any money.

Don't contact the bailiff direct, either by phone or otherwise. Deal with B & S office directly. The one I dealt with were fairly compos mentis. Once they realised we weren't backing down (Myself and Amy, that is) they gave in fairly sharpish, in both my case and my friend's

[PocketTheDifference]

Re: Desperate Baliff Plea, Please Help!

Thanks Guys, I'm off to work shortly and I will be calling Derbyshire county council about the matter. I will keep you posted.

[PocketTheDifference]

Re: Desperate Baliff Plea, Please Help!

Just a quickie as I am going to call them soonish, will they put a stop of charges on the account for a few days if I ask them for a breakdown.

[PocketTheDifference]

Re: Desperate Baliff Plea, Please Help!

Just had a missed call from the bailff asking me to call them back....
I've not had chance to call the council yet, But i have scheduled a half day with work so I can call them at half 12 and sort this whole mess out....any advise if there is any would be great

[Mrs James]

Re: Desperate Baliff Plea, Please Help!

Just had a missed call from the bailff asking me to call them back....
I've not had chance to call the council yet, But i have scheduled a half day with work so I can call them at half 12 and sort this whole mess out....any advise if there is any would be great

The only advice I can give is not to speak to the Bailiff under any circumstances and follow Amy's advice in post #12

[PocketTheDifference]

Re: Desperate Baliff Plea, Please Help!

Just spoke to high Peak Council about this, They needed to put me through to recovery team, where nobody is answering at the moment, what a joke, she couldn't even guarente that they would call me back today.
i wasn't sure if she was having a laugh.

[WendyB]

Re: Desperate Baliff Plea, Please Help!

The Recovery team is definitely who you need to speak to. Keep phoning until you can get to speak to them. Or get an email address and email them direct.

Don't ring the bailiff.

[PocketTheDifference]

Re: Desperate Baliff Plea, Please Help!

Edit

[PocketTheDifference]

Re: Desperate Baliff Plea, Please Help!

Have just spoken to council, They have "assured me that in the first instance" the complaint is with Burtow and Suitor and they will look at the fees, and then the council will over look this to make sure i am being treated fairly, Should I contact B & S then for this?

[PocketTheDifference]

Re: Desperate Baliff Plea, Please Help!

**UPDATE**

I feel a slight accomplishment here right now,
They have put on Hold until Monday, The woman was reluctant until I quoted out "The Council Tax (Administration and Enforcement) Regulations 1992, Schedule 5" she is saying, they are a "legitimate renowned" company and will not try and break the law, because I did not keep to my agreed schedule that i will incur charges.
To which I said, You cannot charge me "£160" for the Van fee, I said a fair charge i will pay but not a fee for the whole recovery.

She said I wont get anywhere, but I this is what she will do. Now I guess it's time to get some letters out and get this sorted.

My first objective was to get this stay for a few days now after a rant and a few kind words she has done so.

p.s the whole time i was speaking to a manager (which i was unaware of)


How reliable is this, Certificated Bailiff Register Justice UK

Because there are only 13 people reg for bristow and sutor, and the name "chris" doesn't appear on any of them? EDIT - on refresh it does now appear, just not in my area nvm.

[Amy]

Re: Desperate Baliff Plea, Please Help!

It is not always terribly up to date. Call this number and they will check it for you 020 3334 6355.

[PocketTheDifference]

Re: Desperate Baliff Plea, Please Help!

Has anybody got any example letters that they have sent of with relation to this case?

would be much appreciated.

Pocket

[WendyB]

Re: Desperate Baliff Plea, Please Help!

PM me your email address and I'll forward you a letter that Amy did for me in my friend's case. It's not exactly the same as yours but you an use it as a base to work from. I can't copy it onto here as my MS Word free licence has run out lol.