Equita Bailiffs and a PCN - Distraught newbie seeking help

[CleverClogs]

Re: Equita Bailiffs and a PCN - Distraught newbie seeking help

and here is their response....

It is curious that they should rely on the assertion that the bailiffs were "equipped to remove goods".

"Going equipped" (link 1, link 2) is a crime contrary to section 25 of the Theft Act 1968.

[CleverClogs]

Re: Equita Bailiffs and a PCN - Distraught newbie seeking help

As stated above CC, the LGo may well be the best way to go, but they might direct the OP to the county court, as per the letter from the council.

In the same way that the LGO directed Mrs S. of Blaby to the county court? (link)

[labman]

Re: Equita Bailiffs and a PCN - Distraught newbie seeking help

Removing goods under a valid levy is not an offence. More likely they would have asked for a WPO to be signed, so why go equipped to remove goods, and not knowing what goods were there, how do they know what size vehicle they would need to remove the goods - eg - did they turn up with a car transported in case they were to levy on a vehicle? A van in case of levying a piano and a granfather clock? A car in case of levying a painting?

They had no way of knowing, so could not have gone prepared unless they took all vehicles with them.

That's usually the argument that eventually stuffs them.

[labman]

Re: Equita Bailiffs and a PCN - Distraught newbie seeking help

In the same way that the LGO directed Mrs S. of Blaby to the county court? (link)

Indeed, if the LGO investigate they may find failings - hopefully for the OP they would. As stated twice already though, they may not investigate:

• If your complaint concerns the bailiffs’ actions in collecting council tax, business rates or traffic enforcement penalties arrearsthen the Ombudsman would normally investigate your complaint.
• However, there is an alternative remedy by way of complaint to the courts and in some cases the Ombudsman may expect you to use this remedy.This is because the courts can decide whether or not a bailiff's costs or actions are either excessive or unreasonable (such as the removal of too many goods, or the making of undue threats). Disputes about ownership of goods removed should also be resolved in court. Each complaint to the Ombudsman will be considered on its merits. Furthermore, the Ombudsman cannot consider a complaint decided by a court of law, including the issue of a warrant of execution or the recoverable sums involved.

[lauraloo]

Re: Equita Bailiffs and a PCN - Distraught newbie seeking help

Thank you for the advice again, I will write to the LGO and see what happens