Naive bailiff encounter

[Skeptikz]

Re: Naive bailiff encounter

By the way - you guys have already elevated into legendary status in my eyes for replying well into the hours of Saturday morning. Now, In response to your posts:

Did you tell the oaf that some of the items belong to you?

They'll tell you otherwise, but they are not lawfully permitted to seize goods belonging to someone other than the debtor.

Yes - as soon as they mentioned taking things, I explained that most of the items in there were mine & that there was no chance my mums items could cover the costs (he claimed they would need £10k worth of items to cover the debt). There are more items upstairs that they didnt look at, most of which I can prove doesnt belong to my mum...again the things I cant prove would only add another £100 - £200 at the most.

Excessive, as one would expect. Can you say which firm of thugs was involved?

Certainly I have no reason to protect them! Firm is called JBW

That's quite different from the £3000 he mentioned but, then, bailiffs tell lies.


For that size of debt, the correct levy fee would be (24.50 + 16 + 87.3*0.025), rounded up to £43.

He's charged two visit fees for a single visit, which seems a bit naughty.


That is certainly naughty, as it is an "up front fee" - they may not charge for "removal" or a "van fee" without giving their victim a chance to pay.


What is that supposed to mean?


Also naughty - they are not permitted to charge any fees not listed in the regulations.

Please see the attached file/

Thank you for the document - had a quick look but my ability to decipher even mild legal jargon might be impaired at this hour!

If your mother was already paying this debt off, what was the bailiff doing at her home, behaving like a football hooligan? That could amount to harassment on the part of the council, the bailiff or both. Someone at the local council has some explaining to do. Get onto your local ward councillor and the elected Leader of the Council.

She is heading over to the council on Monday morning about this.

Please be aware that the behaviour you have experienced can be curbed with something called a Regulation 46 complaint to the magistrates court that issued the LO. The court can order the council to desist from that sort of action. It was a Regulation 46 complaint that resulted in the ruling in Rai & Rai -v- Birmingham City Council [1993].

Again that is good to hear. I will have to look up Rai & Rai -v- Birmingham City Council in the morning (if possible). How long does a Regulation 46 complaint take to go though? In the meantime can they still come and try to seize goods forcibly? Do they need to give notice before they do this?

[ploddertom]

Re: Naive bailiff encounter

You will need to send off for a proper breakdown of the costs involved including dates they allege they have made them on. Use Letter 1 from http://www.legalbeagles.info/forums/...Useful-Letters , best way to do it is to send initially by email followed by a copy in the post. When you get a response we will help you sort fact from fiction. Don't forget to check the amounts owing etc with the Council on Monday.

[ploddertom]

Re: Naive bailiff encounter

As for your goods that he levied on you must write a letter to the bailiff making a 3rd party claim that the goods are yours - include receipts or payment details - and ask that they are removed from the levy.

[CleverClogs]

Re: Naive bailiff encounter

As for your goods that he levied on you must write a letter to the bailiff making a 3rd party claim that the goods are yours - include receipts or payment details - and ask that they are removed from the levy.

As the bailiff had been told at the time that the more valuable items did not belong to the debtor, is the levy still valid?

[wales01man]

Re: Naive bailiff encounter

Can the OP claim the money back from card company as he paid underduress and it was not his debt

[bizzybob]

Re: Naive bailiff encounter

As the bailiff had been told at the time that the more valuable items did not belong to the debtor, is the levy still valid?

The bailiff will argue that as OP didn't show receipts, so is valid, council will likely back them; which as it is JBW, the bailiff may then have snatched if produced and pocketed or ripped up, said proofs of ownershi.

Send copies of any proofs to the Council, layiong claim to the levied items and JBW stating that as most of the goods levied are yours, and you (the council) will likely refuse to deal with you under data protection, you have advised your mother the actual debtor, to initiate Regulation 46 Complaint with the magistrates with the council as defendants, they being wholly liable for the irregular levy of their agent, the muppet Jamie Waller's JBW goons.

You could also involve your local councillor and MP,. you can find them via www.writetothem.com

[ploddertom]

Re: Naive bailiff encounter

As the bailiff had been told at the time that the more valuable items did not belong to the debtor, is the levy still valid?

Yes it is

[Skeptikz]

Re: Naive bailiff encounter

The bailiff will argue that as OP didn't show receipts, so is valid, council will likely back them; which as it is JBW, the bailiff may then have snatched if produced and pocketed or ripped up, said proofs of ownershi.

Send copies of any proofs to the Council, layiong claim to the levied items and JBW stating that as most of the goods levied are yours, and you (the council) will likely refuse to deal with you under data protection, you have advised your mother the actual debtor, to initiate Regulation 46 Complaint with the magistrates with the council as defendants, they being wholly liable for the irregular levy of their agent, the muppet Jamie Waller's JBW goons.

You could also involve your local councillor and MP,. you can find them via www.writetothem.com

Thanks again for the continued help!

So at this stage I need to:

- Send a letter to both the bailiffs & the council claiming ownership on items belonging to me with proof of payment & reciepts.



My mum needs to:

- Visit the council and get all the information on what is owed (as listed by ploddertom) from the council (+ ask them to call off the bailiffs as she is already repaying the debt?)
- Email the bailiffs regarding exactly what charges they a claiming - using letter 1 from this site


Is there anything I've missed?

[Skeptikz]

Re: Naive bailiff encounter

1 more thing regarding claiming ownership - most of the things I have were bought online, so if the name, billing & shipping addresses are different to the name & address of the debtor, is that sufficient or do I still need a bank/credit card statement?

[ploddertom]

Re: Naive bailiff encounter

Thanks again for the continued help!

So at this stage I need to:

- Send a letter to both the bailiffs & the council claiming ownership on items belonging to me with proof of payment & reciepts. You write to the Bailiffs with a copy going to the Council.



My mum needs to:

- Visit the council and get all the information on what is owed (as listed by ploddertom) from the council (+ ask them to call off the bailiffs as she is already repaying the debt?) Info from the Council could be done by phone & ask why as she is paying have the Bailiffs called.
- Email the bailiffs regarding exactly what charges they a claiming - using letter 1 from this site - Yes


Is there anything I've missed?

PTPT

[Skeptikz]

Re: Naive bailiff encounter

PTPT

OK great.

BTW What does PT mean???

[ploddertom]

Re: Naive bailiff encounter

OK great.

BTW What does PT mean???

my nom de plume - Ploddertom

[bizzybob]

Re: Naive bailiff encounter

1 more thing regarding claiming ownership - most of the things I have were bought online, so if the name, billing & shipping addresses are different to the name & address of the debtor, is that sufficient or do I still need a bank/credit card statement?

even better as they will be your name different (when purchased) address so bailiff cannot argue. Credit card statement as secondary proof would be an added bonus.

[Skeptikz]

Re: Naive bailiff encounter

my nom de plume - Ploddertom

Oh I see!

even better as they will be your name different (when purchased) address so bailiff cannot argue. Credit card statement as secondary proof would be an added bonus.

Great news - that should be fairly straight forward then.

[Skeptikz]

Re: Naive bailiff encounter

Hi again,

I have a few more questions:

1 - how many Liability Orders they have against you
2 - the dates they were obtained
3 - the addresses they were for
4 - the period of time each covers
5 - how much each one was for
6 - how much is still outstanding
7 - the dates they were passed on for enforcement
8 - the dates & amounts of any payments

Before my mum had a detailed look at the levy form she thought she had approx £600 outstanding to the council (according to the form - Liability order & court costs: £587.30), which is again promising. If it turns out there is just the one liability order against her, what is the next step with the council? Is there a specific law we can quote that states they cannot resolve the debt with direct monthly payments + bailiffs?

Can all of the bailiffs fees be removed or will we still have to pay some of them + can I get the amount paid on the credit card back?

Also regarding the bailiff's charges, are they required to levy on all outstanding debts...or more importantly, if they have only levied on 1 LO can they forcibly enter regarding a different 1??