Default on walking possession

Re: Default on walking processions

On the phone he said he'd have to come over to sort a payment plan.

That was a lie.

When here, he said to set a payment plan he had to do a WPA,

That was another lie.

and ring the council as the amount offered was lower than what he wanted.

Yet another lie.

The council accepted,

He never spoke to anyone at the council !

This is clearly a variant of the door-to-door salesman's trick of "having to call the manager for permission to give the customer a special discount" - in short, it's a confidence trick!

that's when he asked for payment to set up the payment plan.

£100 as a "set up fee", which is not permitted under any known legislation.

If he'd obtained that £100 "fee", how would it have appeared on the breakdown of charges - or would it have appeared at all?

[bluebottle]

Re: Default on walking processions

On the phone he said he'd have to come over to sort a payment plan. Crap. He can do that over the phone. He does not need to attend.

When here, he said to set a payment plan he had to do a WPA... Absolutely not. He has blatantly lied to you, gained entry by deceit and obtained a levy and fees by misrepresentation of his powers and the law.

and ring the council as the amount offered was lower than what he wanted. Legally, he cannot make you pay more than you can realistically afford. Another lie by the bailiff.

The council accepted, that's when he asked for payment to set up the payment plan. That's when you should have shown him the door or kicked his arse out of the door, whichever gave you more satisfaction.

Though it wouldn't matter would it as if be my word against his. Not necessarily.


The liability orders have separate days but where all dealt with on the same date.... He cannot charge multiple fees for these.

Sigh.

I would get your ward councillor and MP on standby to kick some council officers' backsides. This bailiff is about as straight as a £9 note. From what you've said, the levy and WPA are potentially invalid, unenforceable and the manner in which they were obtained is potentially illegal.

[chelle1990]

Re: Default on walking processions

A bailiff can set up a payment plan over the phone and does not need to attend at all. Did he, at any time, say anything about having to levy or get you to sign a Walking Possession Agreement in order to set up a payment plan? It is very important we get this clear. Because if the bailiff has obtained a levy or WPA by deceitful means, this may affect its validity and the legality of his actions.

On the phone he said he'd have to come over to sort a payment plan. When here, he said to set a payment plan he had to do a WPA, and ring the council as the amount offered was lower than what he wanted. The council accepted, that's when he asked for payment to set up the payment plan.
Though it wouldn't matter would it as if be my word against his.


The liability orders have separate days but where all dealt with on the same date....

Sigh.

[ploddertom]

Re: Default on walking processions

So for 1 visit and 3 orders he can't charge 3 fees for visiting? Is that the same as removal fees? With knowing all this, and being led under false pretenses (more than once) and using goods which have little or no value for their own gain. What possibly could I do to stop them mugging me off?

You need to know when each on was passed over from the Council, if all at differing dates then possibly he can claim them as separate.

[bluebottle]

Re: Default on walking processions

He didn't mention the walking possession order he just said to set up a payment plan he needed to come over (this is regarding mr. hunter) the other bailiff was just adamant he wanted full payment etc. Still kind of frazzled. Do I go CAB? I don't really want to leave the house for long.... Just in case he can get in.

A bailiff can set up a payment plan over the phone and does not need to attend at all. Did he, at any time, say anything about having to levy or get you to sign a Walking Possession Agreement in order to set up a payment plan? It is very important we get this clear. Because if the bailiff has obtained a levy or WPA by deceitful means, this may affect its validity and the legality of his actions.

[chelle1990]

Re: Default on walking processions

He can only get in if you let him in, or if you leave a window open that he can climb through

But I left him in previously :/ I was reading that once they're in that's it

[bizzybob]

Re: Default on walking processions

He can only get in if you let him in, or if you leave a window open that he can climb through

[chelle1990]

Re: Default on walking processions

Did the bailiff try the "You've got to let me in to levy in order to set up a payment plan?" ploy? If he did, not only is the levy potentially invalid, he has potentially acted unlawfully. Using deceitful means in order to gain entry is a no-no, especially if accompanied by threats the bailiff has no right in law to use.

He didn't mention the walking possession order he just said to set up a payment plan he needed to come over (this is regarding mr. hunter) the other bailiff was just adamant he wanted full payment etc. Still kind of frazzled. Do I go CAB? I don't really want to leave the house for long.... Just in case he can get in.

[bluebottle]

Re: Default on walking processions

Did the bailiff try the "You've got to let me in to levy in order to set up a payment plan?" ploy? If he did, not only is the levy potentially invalid, he has potentially acted unlawfully. Using deceitful means in order to gain entry is a no-no, especially if accompanied by threats the bailiff has no right in law to use.

[MissFM]

Re: Default on walking processions

Do you really feel this is the best course of action? I never expected to be thinking of getting to get in contact with someone in the legal system! I thought you might point me to a letter or something I could send hahahga. I'll take a look thank you.

I think what is being said is that if you want them to take notice you would do better with backup. A solicitor's letter will stop them in their tracks. Bullies need a short sharp shock.

[chelle1990]

Re: Default on walking processions

He probably thinks he can but, as none of the levies is quite valid and none is even worth the paper on which it was written, he might have difficulty with this.

Look at my signature and get yourself a pro bono (free) lawyer, as the Head of Revenues at the council needs to be leant on by a lawyer.

Ideally, the council should agree to withdraw the debt from the bailiff forthwith.

Do you really feel this is the best course of action? I never expected to be thinking of getting to get in contact with someone in the legal system! I thought you might point me to a letter or something I could send hahahga. I'll take a look thank you.

Re: Default on walking processions

Sorry I meant can he charge 3x removal fees

He probably thinks he can but, as none of the levies is quite valid and none is even worth the paper on which it was written, he might have difficulty with this.

Look at my signature and get yourself a pro bono (free) lawyer, as the Head of Revenues at the council needs to be leant on by a lawyer.

Ideally, the council should agree to withdraw the debt from the bailiff forthwith.

[chelle1990]

Re: Default on walking processions

One visit - one fee.


No - their "removal fees" or "van fees" would probably be around £160 per levy!

That's why I doubt any of the goods that may lawfully be seized would realise enough at auction even to meet removal and sale costs.

Sorry I meant can he charge 3x removal fees

[chelle1990]

Re: Default on walking processions

It is only £1 difference on each levy fee, but he has improperly increased the total debt by 2 x £24.50 by charging one visit fee per liability order rather than one visit fee for his only visit.


The above calculations merely prove what he did.

Oh no I see what you've done, and I appreciate that, but its not going to prtove a point if I try to complain haha. What would propose I do? I have never dealt with people like this or organisations.

Re: Default on walking processions

So for 1 visit and 3 orders he can't charge 3 fees for visiting?

One visit - one fee.

Is that the same as removal fees?

No - their "removal fees" or "van fees" would probably be around £160 per levy!

That's why I doubt any of the goods that may lawfully be seized would realise enough at auction even to meet removal and sale costs.