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urgent help needed please

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  • #31
    Re: urgent help needed please

    Sorry, have had a busy schedule over the last few days and have only got your PM.

    There is no law that says you have to deal with or even speak to a Bailiff. Wherever possible you should always try & record any calls/conversations with the said people - they do appear to have very selective memories when it comes down to recalling what is said.

    I agree with what others have said re the levy but I don't doubt the Bailiffs will argue otherwise. I note what you say about your husband & yourself re health, is he having current treatment & does your migraine pop up on a regular basis. You should notify both Council & Bailiff's of these conditions as you may well be classed as "vulnerable" [ARCHIVED CONTENT] Department for Constitutional Affairs - Enforcement - National Standards for Enforcement Agents , you will need to provide some proof - letter from GP or other medical professional should suffice. As the Bailiff is already aware of health issues he should be already considering handing back your account to the Council - may explain his change of attitude.

    The figure you have for the money you owe is this confirmed by the Council? If not you should contact the Council and ask:
    1 - how many Liability Orders they have
    2 - the dates they were obtained
    3 - how much each one is for
    4 - the exact period of time they cover
    5 - how much is still outstanding on each
    6 - the date they were passed for enforcement

    I note you are advised to submit a SAR to the Bailiffs for a breakdown of the fees charged. I have to be honest and say I disagree with this as:
    a - it costs you £10
    b - it allows them up to 40 days to reply
    c - a simple request will do

    I have advised in another place to submit something similar to that below. If using it adapt as you see fit and send initially by email backed up by a copy in the post;

    "From:
    My Name
    My Address

    To:
    Acme Bailiff Co
    Bailiff House

    Ref: Account No: 123456

    Dear Sir

    With reference to the above account, Can you please provide me with a breakdown of the charges.

    This includes:
    a - the time & date of any Bailiff action that incurred a Fee.
    b - the reason for the fee.
    c - the name(s) of the Bailiff(s) that attended on each occasion a Fee was charged.
    d - the name(s) of the Court(s) the Bailiff(s) was/were Certificated at.
    e - the date of the Certification.

    This is not a Subject Access Request under the Data Protection Act S7 1998 so does not incur a fee of £10. You are obliged to provide this information.

    I require this information within 14 days.

    Yours faithfully

    Ripped off customer"

    Comment


    • #32
      Re: urgent help needed please

      Originally posted by sue123 View Post
      quick update, the bailiff rang me again this morning and i again attempted to renegotiate with him, i informed him my partner was vulnerable due to his skin cancer and also that the goods levied were unreadable, he was very aggressive and argumentative but i kept my cool and fought my corner very well i thought.
      Never mind your partner being 'vulnerable', so are you if stress or anxiety causes hemiplegic migraines.

      his response to me saying he could not take items as the items were unreadable was that he would bring the bailiff who wrote the wpa to read out the items, i told him he could do what he wanted as it was an improper levvy and he was getting nothing.
      Good for you, Did you write down the name of that boorish ba:censored:rd?

      i also informed him i intended to speak with the head of revenues in rochdale and the ceo if necessary and that if he continued to be aggressive towards me i would contact the police and ended the call.
      Excellent!

      Even though the bugger seems to have come to terms, do not trust him.

      Bailiffs tell lies.

      Whilst it may not be worthwhile actually to remove goods, the bailiff may claim that he 'had to attend' with a van to remove goods, thereby giving him an excuse for charging a 'van fee' of £150 - £200.

      I believe you should now email (or write, via recorded snail-mail) to the Head of Revenues and/or CEO, reporting what has happened and stating that, as you feel unable to trust the bailiffs, you would like the debt to be recalled so that you may set up a standing order with the council.

      an hour later the bailiff called me back apologising for his attitude and that he was sorry that my partner was unwell and hoped all went well for him,
      Had some fair enchantress temporarily turned him into a human being?

      he then proceeded to inform me he had spoke with his boss
      That is probably a lie.

      and if i could make a payment of £190 by the 5th Dec they would then put me back on the arrangement!!!
      Get that in writing.

      i advised him i would make the payment as we had always been willing to pay. he then sent a text advising me we would get a letter to say they were removing goods but to throw it in the bin and ignore it and to have a good day!!!
      Keep the text - back it up on your computer, if you can. Also keep the letter, if it turns up - and note the date of that letter, for correspondence with the senior Council Tax wallahs.

      his bully boy tatics backfired and i think this is one for joe public and nil for the pitbuls
      Bailiffs are not really like pit bull terriers.

      The dogs have to be castrated whereas bailiffs merely should be.

      Now that you have this immediate problem resolved, you should go to your local Welfare Rights service to enquire about Council Tax Benefit for your poorly partner and yourself. You should also ask about a claim for Disabled Living Allowance for your partner - he may qualify on the care component, if not on the mobility component.

      Comment


      • #33
        Re: urgent help needed please

        Are you also aware that even if the Bailiff has a WPA and he returns to remove goods because you have defaulted on payment that you do NOT have to allow him back into your home to do his evil deed.

        Granted he may utter allsorts of threats including, Police, Locksmiths etc but you will find that the following has to be his course of action:
        1 - you deny him access
        2 - he has to gain the permission of his Client - and if they agree
        3 - he has to back to the Magistrates Court for an Order allowing him to force entry - very rarely given - and if they agree
        4 - he has to write to you giving a date & time when he will attend and if you then refuse
        he may make a forced entry.

        Play him at his own game and once he realises you know as much as he does he will move on.

        Comment


        • #34
          Re: urgent help needed please

          Absolutely right. I mentioned this last night. Always good to have it reinforced by a real expert though.

          Comment


          • #35
            Re: urgent help needed please

            WELL DONE SUE GREAT RESULT


            and well done to labman (I didn't forget you this time lol) great work last night

            Comment

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