Can bailiff charge for a tow truck that wasn't used?

[TVJonesClassic]

Re: Can bailiff charge for a tow truck that wasn't used?

provided it could be established that the police officer(s) involved knew or had reasonable cause to suspect that a bailiff was about to commit, or was in the process of committing, or had committed an indictable offence, or their actions were such that, if the police officer did not act and arrest the bailiff, a third party could suffer injury as a result.

I showed the police officer the F7 with the excessive charges, one of which was "including VAT", and when it came to paying I paid with a debit card and the bailiff added card charges of £1.50 x2 (I used two cards) which I was under the impression are illegal. Again I made the officer aware of this.

[CleverClogs]

Re: Can bailiff charge for a tow truck that wasn't used?

"Doc, I keep seeing flying pigs."
"Have you seen a psychiatrist?"
"No, just flying pigs."

I've never seen a purple cow.
I never hope to see one.
But I can tell you, anyhow.
I'd rather see than be one.

[CleverClogs]

Re: Can bailiff charge for a tow truck that wasn't used?

A couple of points have stuck with me about this, especially as teaboy2 asks about the previous visit. I wasn't sure if they needed to levy then leave time and return before removing goods. Is this so? Is it bailiff guidelines and/or law? Is the previous visit and levy void because a) it was an Abandoned levy, and/or b) it was a levy for a different debt? Thanks.

Edit to add: So I got the impression they were stung by my complaint and decided to teach me a lesson by responding as quickly and brutally as they could.

That is very likely.

However, they cocked it up, as it is axiomatic that they cannot levy distress on the same goods for two different debts.

Hence, the second form F7 and all the charges arising therefrom were invalid.

[bizzybob]

Re: Can bailiff charge for a tow truck that wasn't used?

They cannot lawfully levy the same goods twice for different debts as effectively they have levied their own goods after the first one, so consequently, the subsequent levy (s) and ALL ASSOCIATED FEES must be refunded, if this is the case a Formal Complaint must be raised with the Council Revenues dept, copied to CEO, and the bailiff, quoting the findings of the LGO in the Blaby council and Rossendales investigation. Copy the complaint to the elected leader and your MP also.

[TVJonesClassic]

Re: Can bailiff charge for a tow truck that wasn't used?

CleverClogs and bizzybob, am I correct in assuming that the first levy became invalid when the bailiff left the premises, i.e. it became an Abandoned levy? If this is the case, then the main issue would be whether, as teaboy2 says, they had left time in between the second levy and removal, which they didn't. (Threat of removal, anyway.)

[TVJonesClassic]

Re: Can bailiff charge for a tow truck that wasn't used?

But I can tell you, anyhow.
I'd rather see than be one.

Exactly how I feel about the gross, ugly specimen of pondlife scum who visited the other day.

[bluebottle]

Re: Can bailiff charge for a tow truck that wasn't used?

If a bailiff obtains a valid and lawful levy on goods and the bailiff does not return to collect either payment or the goods within, say, 5-7 days of obtaining the levy, it will be said that the bailiff has abandoned the levy. Also, a bailiff cannot levy twice on the same goods. The card processing charges, as you correctly assert, are not in accordance with legislation and, therefore, cannot be charged.

As for the tow truck fees, I would question the legality of this and the bailiff's actions pertaining thereto. If he abandoned the levy and then did a second levy on the same vehicle, I am doubtful he could lawfully charge fees for the tow truck.

[bizzybob]

Re: Can bailiff charge for a tow truck that wasn't used?

This bailiff seems to be working for Fred Karno's Army, or even is a colleague of The Chuckle Brothers.... to me to you!!

[bluebottle]

Re: Can bailiff charge for a tow truck that wasn't used?

Am I allowed to post my flying pigs now?

Not unless you want me to turn them into bacon.

[bluebottle]

Re: Can bailiff charge for a tow truck that wasn't used?

This bailiff seems to be working for Fred Karno's Army, or even is a colleague of The Chuckle Brothers.... to me to you!!

What goes around comes around, BB. I have no doubt this bailiff will get his comeuppance eventually.