Desperate Baliff Plea, Please Help!

[Caspar]

Re: Desperate Baliff Plea, Please Help!

Thank you - now we are in a more informed position we can put on our thinking caps.

[PocketTheDifference]

Re: Desperate Baliff Plea, Please Help!

Few, For a minuite, I read that letter they sent and thought, end of the line.

I know Amy wouldn't agree
If you can think of anything and could let me know that would be great. I have My Firefighters Interview looming on Monday so I need to concentrate on that, this is an unwelcome distraction at the moment.
Cheers Guys.

Pocket

[Caspar]

Re: Desperate Baliff Plea, Please Help!

There is nothing here that won't wait until after your interview on Monday, so concentrate on that, then read this if you want.

Your situation is not straightforward. As they gained peaceful entry to your previous address and obtained a valied levy and Walking Possession there, it is my belief that they could still force entry into your new property, though this would always be a last resort.

In terms of what you should do, you could ask for Abandonment, though I doubt you would get this. You could pursue a complaint through the bailiffs, then on to the Civil Enforcement Agency.

Perhaps the best thing to try first would be to write to your local council pointing out you are aware of their Anti Poverty Strategy (they have to have one of these) which will state that they have a duty to do what they can to stop your debt increasing unnecessarily and asking them to take it back.

I would see how they respond to this.

[Amy]

Re: Desperate Baliff Plea, Please Help!

Your situation is not straightforward. As they gained peaceful entry to your previous address and obtained a valied levy and Walking Possession there, it is my belief that they could still force entry into your new property, though this would always be a last resort.

This is incorrect and very straightforward.

The bailiffs need to have gained peaceful entry to this property, which they have not. Ergo, no valid walking possession is in place, no valid levy = no automatic right of entry.
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PTD, have you checked your email recently...?

[Caspar]

Re: Desperate Baliff Plea, Please Help!

Amy, National Debtline, CIVEA and John Cruse all disagree with you as I phoned or read all before posting. That is not to say all three could not be wrong, but I did do my homework on this.

[PocketTheDifference]

Re: Desperate Baliff Plea, Please Help!

Hi Amy/Casper,
I have checked the stuff you send last night, (as per Below) I guess as before I would need to construct my next letter to them (now does this go to botht he council and bailiffs)
If im wrong hold me back, But even the Levy doesn't interest me, because I will pay what I have to when I have to but they have added £150 just for turning up at my door. this is what I justify as unfair. So the levy won't need to come to that stage. So I guess we can sort of ignore that part?

My initial thoughts are:-


1. There is no Van/Abortive Removal Fee
1(a) what are the 'many other factors' if transport is one?
1(b) it is not about agreeing, if the charges are not prescribed in Schedule 5 then they cannot be claimed


2. If a visit takes place, how can it be both a van and an abortive removal, for which 'abortive' is not a prescribe fee?


3. If there is no walking possession in place, as they admit, they cannot remove any goods (NB the peaceful entry was granted at other premises, thus rendering the walking possession (that they claim to not need) invalid). This makes absolutely no sense at all.


4. To add to their ineptitude, bailiffs are never 'certified' for the purposes of their work - they are 'certificated' -

[Caspar]

Re: Desperate Baliff Plea, Please Help!

4. To add to their ineptitude, bailiffs are never 'certified' for the purposes of their work

.... though perhaps many should be!

[PocketTheDifference]

Re: Desperate Baliff Plea, Please Help!

I would probably agree, Just reading around at the moment, I should possibly mention that the debt with the council stands at £80 I had a payment (the last one) of £110 missed that was all this debt was a petty amount that if requested I would have paid in an instance. so now they are more than doubling the debt to add insult to injury.

Pocket

[PocketTheDifference]

Re: Desperate Baliff Plea, Please Help!

Scrap that "levy doesn't matter" part, because I think it is neccesary as it decides if they can charge or not apparently??

[ploddertom]

Re: Desperate Baliff Plea, Please Help!

Amy, National Debtline, CIVEA and John Cruse all disagree with you as I phoned or read all before posting. That is not to say all three could not be wrong, but I did do my homework on this.

I've followed this thread with interest as the question of levies, WPA & moving house is one that crops up at times. I would agree with Caspar over this as a "Distress may be carried out anywhere within England & Wales" which suggests the levy on goods will remain valid. I would agree however that as peaceful entry has not been given to the new address then the Bailiff may struggle with any threat of "forced entry" particularly as he would have to apply to do this and agreement is very rarely given.

This is of course just my opinion.

PT
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Have you actually sent off for a breakdown of their charges? If so when & have you received a reply?

[PocketTheDifference]

Re: Desperate Baliff Plea, Please Help!

I havn't asked them for a breakdown in a seperated letter no, However the issue I would say at this point although obviously with very little knowladge, key here is "resonable and unresonable fees" I doubt that my debt being £80 and for missing that last installment through lapse is now pushing it up £250, I mean i know they have no need to in their own right but a simple letter or telephone call requesting these amounts would have cost £0.36p at most.

I know this is not a valid point with legislations etc, but We are all human right?
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I wonder if this is taken into consideration as they sent NO reminder to myself that I had missed the last installment...

Failure to pay instalments

• <LI class=first>1992 No. 613
• PART V
• Regulation 21

23.—(1) Subject to paragraph (2), where—
(a)a demand notice has been served by a billing authority on a liable person,
(b)instalments in respect of the council tax to which the notice relates are payable in accordance with Part I of Schedule 1 or, as the case may be, a Part II scheme, and
(c)any such instalment is not paid in accordance with that Schedule or, as the case may be, the relevant scheme,
the billing authority shall serve a notice (“reminder notice”) on the liable person stating—
(i)the instalments required to be paid,
(ii)the effect of paragraph (3) below, and
(iii)where the notice is the second such notice as regards the relevant year, the effect of paragraph (4) below.

[ploddertom]

Re: Desperate Baliff Plea, Please Help!

I am afraid you are looking at this with rose tinted spectacles. Companies & the Bailiffs they employ are only motivated by one thing - money. How many times have we seen folks missing payment by 1 day or paying by cheques & being told it hadn't cleared by the due date - all done for the object of extracting another £150 from the debtor.

The idea of asking for a breakdown is so you can see exactly what they have charged, when they have done it & does it comply with the Legislation as needed. Some people I have heard of have been paying for 3 years then finding out because they missed 1 payment at the beginning extra charges have been applied making them still owe the same amount. Extraneous fees must be challenged.

In my view you should ask for breakdown ASAP.

[CleverClogs]

Re: Desperate Baliff Plea, Please Help!

I would hesitate before concluding that a valid WPA was in place; since the bailiff had been admitted to a flat by a flat-mate when the debtor was not present and, as the flat-mate could not be considered to be the agent of the debtor, anything that flatmate may have signed could hardly be binding on the debtor.

Indeed, in the midst of the BS from BS, their spokes-numpty has admitted (or appears to have admitted) that no WPA was in place though he/she/it would doubtless try to argue that "you have not entered into such agreement" has some meaning other than that commonly conveyed by such words; such odious people would try to twist the skin off a fart if they imagined they might benefit thereby.

[PocketTheDifference]

Re: Desperate Baliff Plea, Please Help!

I had to laugh at this comment CC, the fart example made me giggle.

I think Myself and Amy are in agreement, But it is good to hear from the other side as it has no prepared me for alternatives Thanks PT,
I have just re-read the letter sent to myself and yes it does say I have not entered intoa WPA, I only because of lack of knowladge am not sure what this actually means but I know you guys do.

Again I wasn;t there to sign anything so I would agree with CC.
Does the fact that no reminder was sent or arranged with me come under the 1992 No. 613
PART V
Regulation 21 ??

Thanks All, once i have all these parts together I will contruct with your help... a new letter to send out asap.

You guys are awesome..

Pocket.

[Amy]

Re: Desperate Baliff Plea, Please Help!

Amy, National Debtline, CIVEA and John Cruse all disagree with you as I phoned or read all before posting. That is not to say all three could not be wrong, but I did do my homework on this.

Most of these associations are toothless and meaningless since they are in existence for the benefit of the employers of the bailiffs, as opposed to the debtors.

If you mean John Kruse, then yes I am aware of this but I don't agree with him.