Newlyn bailiff charges car clamped!!

[jobo]

Re: Newlyn bailiff charges car clamped!!

Hello Jobo. Just read through the thread. What the bailiff did after he was told that the LO had been lifted is quite illegal, I am sure that a decent Police Sergeant would find a couple of criminal charges that would fit like a glove, and perhaps a leasurly walk down to the local Cop Shop, for an informal chin wag with the Station Sergeant would not go amiss, however this is my advice to you.
Thank you Sir Vere Brayne d'Emmidge for replying,

I have been in touch with the council this morning to check to see if the l/o was lifted - Bas council say they dont 'lift' l/o's, you pay it and its done! i requested a letter to this affect (dated 10/10/13 ) as a matter of urgency to my email address and the lady suggested i call back to confirm. On call back at arranged time no one available, so i shall try tomorrow am.

Take the clamp and the sawn off padlock to your local Knick, with the form that you mentioned, and leave it with the person in charge of lost property .... do not forget to make a note of the padlock make, size and model, because you might have to buy a new one .... do state somewhere that the clamp was applied at 05:45, because that is one mistake that the bailiff made, enforcing outside permissable hours.

Ive been unable to do this tonight due to working late and little one in bed, but shall do it tomorrow if you think this is what i should do,- i must admit im a bit apprehensive about this


Second big mistake he made was discussing your affairs with the neighbours, for this I would write to Newlyn, register with them a formal complaint about it and also copy the same letter to the Leader of the Council. May I suggest that any correspondence is sent recorded delivery.

Ive popped round neighbours today, and he clarified that they didnt speak about me

The rest is a bit tricky....how many times did the bailiff attend before you paid the money to the Council

The bailiff attended 10/10/13 when i paid £47 to council and set up a payment plan with n/l thru the council for £200 charges

Did the bailiff leave any notices in sealed envelopes for your attention?

The only letters were screwed up pushed thru letterbox NO ENVELOPES

If so, do these notices tell you how much is owed and WHY

they state an amount and claim its for bas council tax ( i could copy if req)



Before the bailiff visits did you receive a letter from Newlyn stating that they have been instructed by (I asume) Basildon Town Council for £XXX.XX

on oct 30, i received a letter from n/l stating i owed £206.70 to bas council

Depending on your answers I will be able to advise you further, but I would be surprised if Newlyn, and the muppett they sent round your place, will continue this line of action for their fees, after all that went wrong in the first place.

Thank you for replying and trying to advise me, this morning my account at newlyn was clear - the transcash payment had gone through, so i expect the lovely bailiff will be round soon to remove the clamp!
My apologies for nor replying today, im unable to use web at work
regards Jobo

[jobo]

Re: Newlyn bailiff charges car clamped!!


hi there Cleverclogs,

from what i can make out, bas council dont work like that their bill is only for council tax, i have read that other places seem to pass on 'commision' to bailiffs, but it seems it isnt the case with my council,- thankfully!
Jobo

[jobo]

Re: Newlyn bailiff charges car clamped!!

Hi Bluebottle,
thanks for replying, i'm a bit dubious about going to Police, i'm on edge expecting them to come round and discover car isnt here.
i have a photo of injury, checked out the neighbour who i thought heard the most and bailiff had spoken to but the bailiff didnt mention me, or why they sat outside for so long, nor did hey hear what he was saying at my door , so thats out!
im sure when i checked, the bailiff's licence is up for renewal early next year,so ill gather all i can
Regards Jobo

[bluebottle]

Re: Newlyn bailiff charges car clamped!!

Hi Bluebottle,
thanks for replying, i'm a bit dubious about going to Police, i'm on edge expecting them to come round and discover car isnt here.
i have a photo of injury, checked out the neighbour who i thought heard the most and bailiff had spoken to but the bailiff didnt mention me, or why they sat outside for so long, nor did hey hear what he was saying at my door , so thats out!
im sure when i checked, the bailiff's licence is up for renewal early next year,so ill gather all i can
Regards Jobo

After what the bailiff did in your case, he would be very foolish indeed to try and hoodwink the police into taking action against you. The last two bailiffs who spun a fairytale the Brothers Grimm would be proud of to the police about a debtor allegedly commiting a crime against them had it backfire on them, CPS, a police force, a local authority and a bailiff company. One bailiff escaped de-certification by the skin of his teeth, the other was de-certificated. Civil Litigation is currently pending against the police force, local authority, bailiff company and CPS.

When you write to the senior judge at the court, just be aware that the court has the power to de-certificate the bailiff without inviting a Form 4 complaint or convening a hearing. If, on the strength of your letter and any accompanying evidence, the judge considers the bailiff's behaviour makes him unfit to continue to act as a bailiff, he can revoke the bailiff's certificate on that alone. So, if you get a letter from the court stating that the bailiff's certificate has been "discharged", just be aware that the word "discharged" means cancelled or revoked.

[CleverClogs]

Re: Newlyn bailiff charges car clamped!!

from what i can make out, bas council dont work like that their bill is only for council tax, i have read that other places seem to pass on 'commision' to bailiffs, but it seems it isnt the case with my council,- thankfully!

How do you know?

[CleverClogs]

Re: Newlyn bailiff charges car clamped!!

checked out the neighbour who i thought heard the most and bailiff had spoken to but the bailiff didnt mention me,

Really?

I rather doubt that he would have been discussing the cricket score.

[CleverClogs]

Re: Newlyn bailiff charges car clamped!!

So, if you get a letter from the court stating that the bailiff's certificate has been "discharged", just be aware that the word "discharged" means cancelled or revoked.

It's a bit like the discharge from a suppurating pustule - it's an expulsion of badness! :grin:

[bluebottle]

Re: Newlyn bailiff charges car clamped!!

It's a bit like the discharge from a suppurating pustule - it's an expulsion of badness! :grin:

What's that saying about never a truer word being spoken in jest, Cloggy?

[Sir Vere Brayne d'Emmidge]

Re: Newlyn bailiff charges car clamped!!

The rest is a bit tricky....how many times did the bailiff attend before you paid the money to the Council

The bailiff attended 10/10/13 when i paid £47 to council and set up a payment plan with n/l thru the council for £200 charges

I need to get this right in my head....the LO was for £47.....then there are bailiff fees, but you say that the letter from Newlyn stated that you owed £206.70 .... you must get a breakdown from Newlyn (ask in a polite letter sent recorded delivery and do not forget to copy the Council) because this doesn't sound kosher to me.

Did the bailiff leave any notices in sealed envelopes for your attention?

The only letters were screwed up pushed thru letterbox NO ENVELOPES

Yet another breach of DPA procedures, something to mention in your letter to Newlyn.

If so, do these notices tell you how much is owed and WHY

they state an amount and claim its for bas council tax ( i could copy if req)

The letter left by the bailiff must state how much the LO is and how much they charged you for the privilege of attending your premises.

Before the bailiff visits did you receive a letter from Newlyn stating that they have been instructed by (I assume) Basildon Town Council for £XXX.XX

on oct 30, i received a letter from n/l stating i owed £206.70 to bas council

And finally how many times did the muppet from Newlyn attend, even if they left no letters .... that reminds me ... when they clamped your car at 05:45 did he leave any sort of paperwork, how do you know that he attended at 05:45, did he put on the driver's window/or the windscreen driver's side a "WARNING" notice to say that the car was fitted with an immobilising device, and was such device applyied to the front wheel driver's side?

Hello Jobo, some more questions and you .... if you could scan the paperwork from Newlyn (obviously defacing it in such a manner as not to be able to see who they were sent to) and post it, it would be good.

I have this gut feeling that Newlyn is in for an unpleasant surprise.

[bluebottle]

Re: Newlyn bailiff charges car clamped!!

Hello Jobo, some more questions and you .... if you could scan the paperwork from Newlyn (obviously defacing it in such a manner as not to be able to see who they were sent to) and post it, it would be good.

I have this gut feeling that Newlyn is in for an unpleasant surprise.

I gathered that from what the OP said in Post #1. I wouldn't like to be in the bailiff's shoes either. He may well become the second certificated bailiff to fall foul of Civil Procedures Rules and lose their certificate without a Form 4 or a hearing.

[jobo]

Re: Newlyn bailiff charges car clamped!!


Thank you again for answering Sir Vere Brayne d'Emmidge

Whilst im trying to work out how to scan my paperwork, i thought i'd post some GOOOOOD news! I managed to get hold of the lady at council and she confirmed that NEWLYN were told a week ago (by phone) that my account was clear!
She's checking to see if she can put it in writing for me!
This fact is on my record. Lets just hope this is possible.
oh and she said that the bailiff charges were between n/l and myself now
Regards Jobo

[jobo]

Re: Newlyn bailiff charges car clamped!!

eVERYONe,

Just thinking, thats why he hasnt been round to take clamp off?? I obviously havnt rung n/l to take clamp off, but should i? I wonder if they are aware he'd put it on, - me's finking this was all for his own gain! -Thats why on the letter that day it said
DO NOT GET IN TOUCH WITH THE OFFICE THEY CANNOT INTERVENE!

i havent done a letter to Newlyn yet about him, but if the lady from council rings and says she'll put it in writing that N/L were informed should i take said clamp to copshop? or just leave it?
Im still trying to upload my paperwork . . . .
Jobo

[jobo]

Re: Newlyn bailiff charges car clamped!!

Hi all, ive managed to get the photos onto my computer but dont seem able to get them on here for all to see, can anyone advise me how to do this please??:doggieyes:

Jobo

[jobo]

Re: Newlyn bailiff charges car clamped!!


Hi,
this is the letter from 10/10 which he gave me when he knocked on the door at 8.10am after this i ran and paid council £47 to clear my debt, this was the day he was very abusive etc and an arrangement was made thru bas council to pay newlyn £5 p/w

[jobo]

Re: Newlyn bailiff charges car clamped!!

this was the letter i received previously to it