urgent help needed please

[Gorang]

Re: urgent help needed please

Sorry but i am not much clued up on bailiff issues but I know that Amy, wendy and Ploddertom is (and they are the best) and I often see them posting this link to peeps regarding bailiff issues

Its Amy's bailiff guide so you may find a lot of your answers in here
http://www.legalbeagles.info/forums/...ad.php?t=14113

Well worth a 15 mins to have a read of it

there are also more sticky's in the bailiff tab at the top of the page with more info that could help you with this

[labman]

Re: urgent help needed please

A VERY important question that has not been asked. In the 6 week period between you making the initial payment arrangement which never happened, and the letter two weeks ago, did any further court action get taken against you? Was a judgment made against you? You would know if it had as you would have had letters.

You are clearly extremely distressed about this, but it is very very rare for a bailiff to break in and remove goods. They have to go back to court to get a warrant to do so first, and this is unlikely to be granted. Please try to calm down - I honestly know how you feel as I've been in the position more than once.

Tomorrow morning, you need to phone the council, speak to the Council Tax Recovery department and ask how much the Liability Order was for and how much remains owing on it. Do not speak to the Council Tax switchboard, insist on the Council Tax Recovery Team or the Head of Revenues.

Explain that your husband is vulnerable due to his cancer and ask if you can set up a repayment plan with them to avoid the stress of bailiffs. If they say you have to deal with the bailiffs e-mail the CEO immediately at the address given above stating what is stated above.

If the above is successful, great.

Also contact the bailiffs - who are they? Explain again that your husband is vulnerable due to the cancer. Also explain that the goods impounded under the Walking Possession arrangement would not cover the value of the amount outstanding, and you are willing, as you always have been, to set up a repayment plan. Do not be bullied or pressured into agreeing to anything more than you know you can afford and stick to, otherwise this will happen again.

Try to make a first payment to show your good intent either to the bailiffs, or to the council. Ask for their bank account details so that you can set up a Standing Order for the agreed monthly amount - you control a Standing Order, they control a Direct Debit!

Try to stay calm, they will quite likely be horrible, but steel yourself and stay calm. Do not go above what you can afford and remind them that the National Standards for Enforcement Agents state they have to agree a repayment plan with you - one was in place, but due to no fault of your own, the direct debit was not set up.

I would be very surprised if they don't come to an arrangement, as they do not like the hassle of removing goods - they are bullying you.

I am assuming everything is still being dealt with at County Court level. If you have had a CCJ against you regarding this or you know it's being dealt with by a different court you must let us know as the whole thing changes.

Assuming everything is still with the County Court the following may help you in your discussions:
The bailiff is personally liable for any wrongful act or omission done on behalf of the principal (the council) as if it was done on his own behalf. Examples of such liability include:

the bailiff signed a distress warrant and then after issue refused an offer of payment.

This seems to be the case here.

[Gorang]

Re: urgent help needed please

PS sorry I forgot to add labmans name to my post above as labman is also very good too and will keep you right

My appologies labman, how could I forget you, I'll now be the one in the corner with my wrists slapped lol

[sue123]

Re: urgent help needed please

thank you so much to everyone for your support, im starting to feel a little calmer now and hoping to sleep tonight. i suffer from hemiplegic migraines which leave me paralysed down one side for upto 48 hours and this can be triggered by stress so i know i need to chill.
i feel more prepared to contact the council etc tomorrow and argue my case.

my husband is a miracle and very logical where i panic.

i dont know if this is legal but incase the bailiff does arrive tomorrow...as the levy of goods is not specific or detailed and in some parts unreadable:

the glass tv stand i have is now a plastic tv stand
the satelite ..???? im assuming my sky box is now an old BT Vision box no longer used
they can have the dvd player its £25 from asda
the tv is 3 years old but i can get a replacement off a family friend

these are the only readable items on the wpa and thats all their getting if they come

one of the items that is on the list as far as im concerned reads setme lustra bra!!
i will offer the bailiff the setme lustra bra im wearing from marks and spencers with an auction price of £2.

joking aside im ever so grateful for all your help this evening and i will be in touch tomorrow to let you know how i get on

the sad thing is my daughter sang at the christmas light switch on for free for the council that are threatining to remove her mothers goods

[labman]

Re: urgent help needed please

Hi Gorang,

I pointed the OP to that link in post 2.

I'm keen, but I do get things wrong and am learning very quickly as the subject fascinates me. I'm confident so far, and have used some excellent books to try to help me with this tonight in the absence of anyone else being around. However, while loads talk about bailiffs seizing goods well in excess of the value, none I have mention where the goods are insufficient to cover the value.

OP - I do know if the goods in your house are insufficient to cover the value of the debt, then the bailiffs should return it to the council - again assuming we're still talking County Court.

[Gorang]

Re: urgent help needed please

Hi Gorang,

I pointed the OP to that link in post 2.

So sorry labman I complettly missed that in your post, My sincere appologies goes to you sir

I should of know that would of been the first palce you would of sent the OP, me wrists deserve to be bl**dy sore now lol

I'm confident so far, and have used some excellent books to try to help me with this tonight in the absence of anyone else being around.

and your doing a cracking job mate as far as I can see

However, while loads talk about bailiffs seizing goods well in excess of the value, none I have mention where the goods are insufficient to cover the value.

I must admit this went through my mind also as with all the threads I have seen others coment on, I don't recall one when the goods DON'T cover the debt, but i did wonder if there is goods of more value listed that sue can't read what they are

thank you so much to everyone for your support, im starting to feel a little calmer now and hoping to sleep tonight. i suffer from hemiplegic migraines which leave me paralysed down one side for upto 48 hours and this can be triggered by stress so i know i need to chill.

Sue I know its easy for me to say at the other end of a puter screen BUT, try not to let them affect your health too, as they are NOT worth it, stick with labman here as I know he WILL get you on the right track to fight this


Here sue was you wearing this bra when they listed everything

one of the items that is on the list as far as im concerned reads setme lustra bra!!
i will offer the bailiff the setme lustra bra im wearing from marks and spencers with an auction price of £2.

this is maybe why the list is not readable, the bloke had been getting all exited with seeing you in that bra lol

seriously

you WILL get this sorted as you have a lot of people on this site that is 100% behind you to give you as much advice and help as you need

[sue123]

Re: urgent help needed please

thank you so much i think the setme lustra bra is actually settee leather brown but im ready for a fight with this guy....im just waiting for the can i use your toilet??? i'll say yes if you can get past the dogs or no theres a tree over there.

the sad thing is im a support worker for the vulnerable and can hold my own when its not me.....but when its me i fall to pieces x
and again thank you so much to everyone for the support......i dont feel as distressed or alone anymore xx

[charitynjw]

Re: urgent help needed please

Hi Gorang,

I pointed the OP to that link in post 2.

I'm keen, but I do get things wrong and am learning very quickly as the subject fascinates me. I'm confident so far, and have used some excellent books to try to help me with this tonight in the absence of anyone else being around. However, while loads talk about bailiffs seizing goods well in excess of the value, none I have mention where the goods are insufficient to cover the value.

OP - I do know if the goods in your house are insufficient to cover the value of the debt, then the bailiffs should return it to the council - again assuming we're still talking County Court.

Hi labman

I saw this if it's any use

http://www.lgo.org.uk/news/2011/apr/...charging-fees/

[labman]

Re: urgent help needed please

Thanks for that link. I read something similar and it is not simple. For example, it states claiming something worth £10 against a £100 debt is likely to be disproportionate. However, although the same percentage, it states claiming something worth £100 against a debt of £1000 is likely to be seen as fine.

The other thing that confuses me, and hence my repeating I assume we're dealing with County Courts, is that sometimes the debt can be enforced my Magistrates Court. This is always the case when a CCJ has been awarded, but not necessarily before, hence my question.

Personally if she attacks the council in the right way tomorrow morning I think she'll be fine, and it would not surprise if the bailiffs do not even turn up.

[CleverClogs]

Re: urgent help needed please

No - they can only take things that have been listed.

And, besides, that levy is clearly improper, as they ought not levy on a table unless (1) there are more than one table at the premises and (2) the table is more clearly specified. If the ba:censored:rd had been told that the computer did not belong to the debtor, he ought not to have listed it.

[CleverClogs]

Re: urgent help needed please

There's one detail here that everyone seems to have missed - who is the Council Tax debtor?

[sue123]

Re: urgent help needed please

good morning everyone

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.

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.

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.

i attempted to contact the council and then realised everyone is on strike today and panic set in....then a twist in the tale !!!

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, he then proceeded to inform me he had spoke with his boss and if i could make a payment of £190 by the 5th Dec they would then put me back on the arrangement!!!
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!!!

his bully boy tatics backfired and i think this is one for joe public and nil for the pitbuls

thank you everyone for your advise

take care and best wishes
sue

[charitynjw]

Re: urgent help needed please

Nice one, sue123,

Best not to bin that letter, if it turns up.
I would keep it along with a copy of the latest 'text' message, as proof of the arrangement.

[labman]

Re: urgent help needed please

Thanks - I told you in my pm this morning you'd be OK. When push comes to shove, it just is not worth them taking stuff over a debt that size when they know you want to pay.

As Charity says, keep the text, and it is probably a good time to send a Bailiff SAR now:

Bailiff - SAR - Legal Beagles Consumer Forum

It will cost you £10 and they have 40 calendar days in which to reply. The reason for this is we can then look at the charges and identify those which are unfair - I bet you get more than your £10 back!

We won't throw those at them just yet.

Finally remember that rather than letting them set up a Direct Debit, get their details and you set up a Standing Order so you retain control of your money, not them. Also remember that if they say they want a payment by-eg- the 30th of each month, you should set the SO for around the 25th so that CLEARED FUNDS are available by the 30th, otherwise they'll say you have broken the agreement again. Bailiffs really are swines. Which bailiff company is it?

Finally finally, really well done for keeping your calm. Once they realise you won't be bullied, they have no choice but to start playing by the rules - brilliant - well done you! (((Hugs)))

[Mrs James]

Re: urgent help needed please

Well done, sue123, you should be proud of yourself.