Default on walking possession

[chelle1990]

Re: Default on walking processions

This would require me to be polite... :grin:

OK - How about this?
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Please look at thread http://www.legalbeagles.info/forums/...ng-processions

Summary:

• a young mother of a one year old child is terrified that her furniture is to be taken by a rapacious bailiff
• the bailiff company is Chandlers
• the council is Swindon Borough Council
• her partner works full time
• she is a student
• they owe nearly £2000 in Council Tax
• she was pressurised into letting the bailiff into her home
• the bailiff levied on worthless furniture and exempt items; this seems to have been done to garner levy fees
• the levies may thus be invalid or improper or irregular
• she was pressurised into signing walking possession agreements
• she believes the bailiff will be back today to press for money she does not have or to take her stuff
• she wants to pay off the debt but does not want to be left with no furniture or no money for food

The CEO of Chandlers is Mr Casey Waterman, tel: 020 8290 0866, email: casey.waterman@chandlers.ltd.uk

Few things I need to alter:

Young mother to two, 5 year old and 2 year old (my daughter was 1 at the time)

I am now a full time university undergraduate (not sure if that makes a difference).

I am also willing to pay 2 of the debts in full on the 23rd.

Also the removal of goods fee on the one debts was unfair as the ref number on the order was written wrong by Mr. Hunter which meant my payment did not show but was later found and placed on the account.

Thank you cleverclogs for being polite

[CleverClogs]

Re: Default on walking processions

OK - amend it as you please and send it to each of your councillors.

[chelle1990]

Re: Default on walking processions

OK - amend it as you please and send it to each of your councillors.

Thank you, and shall I just ask them if they can help with having the debt be passed back to the council, or that they (chandler's) hold of the bailiff till the account get looked into?

[CleverClogs]

Re: Default on walking processions

Given the way that Chandlers have enforced these debts, can any reliance be put on their ability to look into it?

The debts should be recalled to the council at once as that would be the fastest and most effective means to pay off the debts. Recalling debts is always possible, as Eric "Pie-eater" Pickles never ceases to remind various councils. Also worth remembering is that bailiffs take their fees and charges first - it's only when they've run out of ideas for charges that they pay anything left to the council.

[chelle1990]

Re: Default on walking possession

I require your assistance in a rather difficult matter. My name is Mrs. X aged 23. I have debts for previous unpaid council tax and had liability orders from the council. I set up 3 walking possession orders in January 2013, but in December I've defaulted.


Asking for advice on a web forum (legalbeagles) to find out what was about to happen, a few points where highlighted that need to be addressed:


Please look at thread: http://www.legalbeagles.info/forums/...ng-processions


Summary:
I am a young mother of two children. A five year old and two year old. I am terrified that my furniture is to be taken by a rapacious bailiff.


The bailiff company is Chandlers.


The council is Swindon Borough Council.


My partner works full time.


I am a full time undergraduate student at Oxford Brookes.


We owe nearly £2000 in Council Tax.


I was pressurised into letting the bailiff into our home (see forum post #88)


The bailiff levied on worthless furniture and exempt items; this seems to have been done to garner levy fees, the levies may thus be invalid or improper or irregular.


I was pressurised into signing walking possession agreements and believe the bailiff will be back today to press for money we do not have or to take our stuff.


I want to pay off the debt but do not want to be left with no furniture or no money for food.


A removal fee on one of the debts was unfairly added, as the reference number on the walking possession order was written wrong by the bailiff, meaning our payment was else where but later retrieved (see post #44 that highlights this).


I have offered full payment for the 23rd via email but this information has been passed to the bailiff about to attend soon.


The CEO of Chandlers is Mr Casey Waterman, tel: 020 8290 0866, email: casey.waterman@chandlers.ltd.uk


I was hoping you could advise what to do or help me in talking to the council to have the debt recalled and fees dropped due to them being unfairly added, which allows me to pay the debts in full on the 23rd without the adding of more fees, which means the council would wait longer for the debt to be cleared.


If you could get back to me as soon as possible it would be greatly appreciated.


Kind regards,




Does this sound OK? Thanks cleverclogs for drawing up the bulk of it for me

[CleverClogs]

Re: Default on walking possession

[chelle1990]

Re: Default on walking possession

Here goes then! I shall update if A. The bailiff returns or B. If I get a response!

[bizzybob]

Re: Default on walking possession

Hopefully the councillors will get off their lard-arses and do something, such as asking the revenue department if they or the bailiffs are running the department.

[bluebottle]

Re: Default on walking possession

The fact the bailiff resorted to deceit in order to gain entry and misrepresented not only his powers, but the law, also, should be made very clear to the elected members of Swindon Borough Council Clever Clogs has advised you to contact.

You could phrase this -

"Subsequent to Chandler's attending my home, I have discovered that their certificated bailiff, Mr ****************, has made false misrepresentations as to his powers as a bailiff as well as the law, these being -

a. that he needed to attend my home in order to set up a payment plan; and
b. that he needed to obtain a Walking Possession Agreement in order to set up a payment plan.

I can find nothing contained within the Council Tax (Administration and Enforcement) Regulations 1992 or the Distress for Rent Rules 1988 which authorise or permit certificated bailiffs to engage in the practices referred to in a. and b. above. I cannot find any other statutory enactment or provision which authorises or permits such practices.

As Swindon Borough Council is totally and vicariously liable, in law, for the actions of its contracted enforcement agents, Messrs Chandlers, whilst they are acting on behalf of Swindon Borough Council, you will understand that what Mr ******** has done is not only serious in my view, but also in the eyes of the law. Furthermore, coercing debtors into making payments they cannot realistically afford is a practice of which the law takes a dim view.

As elected representatives of the residents of the Borough of Swindon, I would remind you that is your responsibility to hold council officers to account, to scrutinise their decisions, practices and procedures and to ensure that practices such as those referred to in this communication do not take place and where they do take place that action is taken to abate and curb them.

As the levies Chandlers may claim to have are, in all probability, likely to be invalid, potentially unlawful and, consequentially, unenforceable, it is likely that monies they have taken from me so far have not been correctly or properly accounted for to Swindon Borough Council.

It would inadvisable for Swindon Borough Council to claim Chandlers have acted correctly and their fees are lawful in the light of what I have learned."

It is up to you whether you use this, but it might give the burghermeisters of Swindon something to think about and start asking questions of their council officers, instead of sitting around on their backsides accepting what the council officers say without scrutiny or question.

[ploddertom]

Re: Default on walking possession

I wonder if they (Chandlers) have read this over the last 24 hours?

[chelle1990]

Re: Default on walking possession

Hello you wonderful people and cleverclogs (I joke )

So update!!!! Firstly thank you all for your help and support I wish I coulld buy you all a pint (and cleverrclogs a m&s fool)

At about 2.30, my phone rang from a swindon number, I asked my partner to answer it as I was sorting my little madam.

Some one called Simon from Swindon borough council from the council tax recovery department wanted to talk after being directed by Mr. Bob Wright. I ran to grab my pen and paper. We spoke I listed my concerns he jotted them down. He then told me he was not prepared to recall the debt due to my past history of non payment. I agreed that I understand that, but that is not the reason I wanted the debt recalled, it's due to chandlers shenanigans.

He told me he would be investigating those claims and would ask to see proof from them of the levies etc, I told him I could provide mine but he said he didn't need them. But for the mean time he couldn't recall the debt till it could be proven.

HOWEVER.... He would accept me paying the small debts just leaving the higher ones to go through AOE on my partner. We disputed the costs of debt as figures are different to the one we have here but looks like chandler have taken their fees first rather than paying council the full amount. And my certificate of being a student ran out in June so I need to bring my new one in, which lowers the amount (yay).

He's recalled the debt so chandler can no longer apply charges. Unfortunately I had to leave to get my little guy from school to his swimming lesson but my partner carried on the conversation. He agreed to the AOE, and carried on asking about the charges. Simon said he'd look into it but if chandler could prove the levies where valid, then he'd get them to contact me with reasons so I could independently persue them (which I intend to!!!!).

Simon has agreed to email my partner with a breakdown of debts and goods contract details so I can contact him regarding the chandler dispute. Hurrrah!!!

[wales01man]

Re: Default on walking possession

RESULT well done lets hope these crooks get their comuppance

[CleverClogs]

Re: Default on walking possession

The Head of Revenues and Benefits at Swindon Borough Council is Mr Andy Stevens.
His boss is the Board Director for Resources, Mr Stuart McKellar.
The CEO is Mr Gavin Jones, http://uk.linkedin.com/pub/gavin-jones/11/896/125

http://www.swindon.gov.uk/cd/foi/cd-...on%20Chart.pdf

[chelle1990]

Re: Default on walking possession

I also wanted to say the councillors where amazing. They rang my partner (2 of the three as Julie Wright and bob Wright are married hah) Mr.Ali passed it to bob Wright to contact the council.

Julie contacted my partner explained that they have passed it on and that we had every right to dispute the charges (turns out chandler have been giving their council a bad name through these antics) and if I required anymore assistance just to contact again and they'd help.

Same as Mr.Ali he rang straight after Julie Wright just echoing the same thing and saying that the bailiffs are scum and pretty on young families like us who have little knowledge on these things. He'd also help with the dispute.


So although it's not removed the fees, it's removed some worry and also given us some breathing space to work out what we can do to stop these buttholes, and prepare for the dispute.

I'm very lucky to have some quick acting councillors! I was expecting to wait till next week.

You guys are also equally amazing I can't thank you all enough!

Though I might need your help ready for when they Deny any wrong doing

[bluebottle]

Re: Default on walking possession

Chelle... Buttholes are useful, unlike Chandlers who are full of what normally emits from said orifice.