Default on walking possession

[MissFM]

Re: Default on walking processions

Can't see it being greed, as they really are old and shabby

I guess a lot of bailiffs are, poor things

[bizzybob]

Re: Default on walking processions

Can't see it being greed, as they really are old and shabby

IT IS GREED, it is not the age and condition they will levy in order to charge fees, the fact it is an exempt item will not worry them, they hope a debtor is clueless and suck it down and pay whatever they ask for without question.

[chelle1990]

Re: Default on walking processions

IT IS GREED, it is not the age and condition they will levy in order to charge fees, the fact it is an exempt item will not worry them, they hope a debtor is clueless and suck it down and pay whatever they ask for without question.

Well I'm glad you've all informed me, at least I won't be sucking it down.... mainly because we have no money to pay them (par my £20 shopping allowance for the rest of the week). But more to the point what can be done? If they have these legislations or rules why are they not following them? I feel like a fool. I wish I knew last year.

[CleverClogs]

Re: Default on walking processions

But more to the point what can be done?

Right now, not a lot other than you telling your elected, ward councillors of the antics of that rapacious, bästärd bailiff. Point out that not only are the bailiffs cheating the taxpayer struggling to pay their debts, the imposition of spurious fees by making bogus, improper or invalid levies is also cheating the council as the bailiff company deducts their fees and charges first before passing on the remaining pittance to the council.

Find out who the steatopygous sots are, here ---> link

If they have these legislations or rules why are they not following them?

They do not follow the rules because nobody makes them follow the rules! They generally have no morals at all and, because the council is indolent, stupid or both, the bailiffs may generally do as they please. Legal challenges, such as getting a levy assessed by a magistrate or a "Form 4" complaint about the bailiff's conduct are likely to fail as the bailiff and/or his employer would insist on a court hearing which they'd then stuff with as many barristers as possible, the better to bamboozle the judge and to bump up the costs to the complainant when the complaint is lost.

However, the bailiffs have not (yet) found a way to stop the Local Government Ombudswoman - for it is she - from telling councils where they or their oafs are wrong.

I feel like a fool.

Really?

I'd have said that a syllabub was more seasonal - I'd associate a fool with summer. :grin:

[CleverClogs]

Re: Default on walking processions

Can't see it being greed, as they really are old and shabby

It was greed - the exempt item(s) was/were levied upon so that the greedy bailiff could claim another levy fee.

Why did you let the bugger in?

[MissFM]

Re: Default on walking processions

It was greed - the exempt item(s) was/were levied upon so that the greedy bailiff could claim another levy fee.

Why did you let the bugger in?

Doesn't the fact that the items were not levy-upon-able make the levy and therefore the fee invalid? (Or have I got hold of the wrong end of the stick?)

[bizzybob]

Re: Default on walking processions

It was greed - the exempt item(s) was/were levied upon so that the greedy bailiff could claim another levy fee.

Why did you let the bugger in?

Because she didn't know then what she knows now, I don't think she should let the oaf in when he calls again as he cannot force entry at this stage, and his levy is as useless as used toilet paper, it should be challenged, and when the rapacious greedy mono cell lifeform turns up film him through the letterbox to capture his threats about locksmiths, kicking the door in, bringing the Gorgon etc to use in that complaint.

[CleverClogs]

Re: Default on walking processions

Because she didn't know then what she knows now,

I meant to ask what threats, imprecations or inducements were made for him to be admitted.

Did he say he needed to be allowed in before a payment plan could be set up? (As we know, that's a commonplace lie.)

Did he threaten to force entry?

Did he actually force entry, perhaps using the threshold manoeuvre?
(Whereby a foot is placed against the door before it is opened and thus he keeps his foot in the door.)

[CleverClogs]

Re: Default on walking processions

Doesn't the fact that the items were not levy-upon-able make the levy and therefore the fee invalid?

Yes, but do you suppose the bailiff will care about that?

[ploddertom]

Re: Default on walking processions

In view of your other "debts" and "alleged" levies which will probably turn out to be challengeable it is imperative you write and ask for a breakdown of fees on ALL accounts they hold for you. Letter 1 from http://www.legalbeagles.info/forums/...Useful-Letters can be used for this. We can sort fact from fiction when you get a reply.

[chelle1990]

Re: Default on walking processions

Morning all. Answer a few questions, firstly, when he (the bailiff) called I was at college and my mum was watching my 1 year old daughter at the time. My mum refused entry explaining she was not the property owner and would not let him in as she was concerned for the safety of her granddaughter etc. He went away

. When I got home I rang him explaining I was at college and i would Like to sort the mess out. He was rather challenging, saying he be back tomorrow to remove goods or take full payment. I told him I had nothing of value and needed my computer for course work. He said he'd be the judge of that and said see you at 1pm tomorrow and hung up.

I was rather upset and rang the council who explained I had rights and I could set a plan up regardless of what he was saying. But I had to let him in.

I also spoke to the non emergency police (my mother's advice as she was worried after seeing various programme etc.) Who said I don't have to let him in, he can't force entry unless he has a warrant. So armed with this info, I rang him back to explain I wouldn't be in for him to set payment up being in college etc

He again became rather challanging/threatening saying he would enter the house take appropriate action etc. I refereed to what the police had said and he went kind of crazy on me saying the police had no idea what they where talking about, he had warrant from the courts and he was within his rights to come. With this I said I wish to see the warrant to enter and he proceeds to tell me I have it in the letter he posted through (the letter stating he had called and would be back). I knew he was telling a lie there, as it would state warrant etc. So told him again I would not be in, and said thank you and bye.

He didn't return.

Until January 2013 I made a payment Of £100 to start clearing them off. That's when they started phoning. The guy on the phone (Mr.Hunter) said that he wanted to get this sorted and wanted to set up a payment plan but he had to come over, I just wanted the bailiffs to stop coming over so agreed.

He sat in the living room, said he'd have to do the order and if I defaulted they'd take the items listed. He also wanted a £100 payment to set it up, but we where broke so paid him £25 from our shopping allowance and agreed to pay the other amount of £75 when our tax credits came in. Signed and off he went.

No one forced entry, or did the foot thing.

Hope that answers the questions. Thanks again, put me and my partner at ease and regarding the fool, I've never actually tried one

[chelle1990]

Re: Default on walking processions

In view of your other "debts" and "alleged" levies which will probably turn out to be challengeable it is imperative you write and ask for a breakdown of fees on ALL accounts they hold for you. Letter 1 from http://www.legalbeagles.info/forums/...Useful-Letters can be used for this. We can sort fact from fiction when you get a reply.

Thank you for that I shall send a email now. Though the walking possesion has a break down if you'd like to know what it says on that?

[chelle1990]

Re: Default on walking processions

Ok I thought I'd put the fees etc for the debt with for council tax on the order.

The account they are 'coming' for is:

£269.81 council tax
£33.00 levy fee
£12.00 walking procession fee
£24.50 attendance

Total £338.31

1x red fabric sofa
1x red fabric arm chair
1x red fabric foot rest

[chelle1990]

Re: Default on walking processions

I got it wrong that was for my other debt! Sorry hang on, they sent each account in one email. So flustered from it all.


On the 18.12.12 we received this Liability Order from Swindon Council for the balance of £269.81.

On the 02.01.2013 we received contact from you wanting an arrangement to be set up.

On the 15/01/2013 Mr Roff attempted to contact you for an arrangement but received no answer, there was also no facility to leave a voicemail.

On the 22/01/2013 Mr Hunter attended to set up an arrangement. On this day Mr Hunter levied upon goods as per the current law and legislation and a Walking Possession Form was signed. For this legal course of action you incurred a fee of £33.00 for the levy and £12.00 fee for the signing of the legal document.

The arrangement was set to pay £25.00 every month starting 15/02/2013 then 1 x £14.31 as a final payment

You then made 1 payments of £25.00 to Mr Hunter.

On the 15.02.2013 you failed to make a payment of £25.00 therefore as stated on the Walking Possession Form signed with Mr Hunter your arrangement automatically entered default as further recovery action continued.

On the 14/03/2013 you made a payment of Online Payment of 25.63 for account reference 1426543.

On the 18/03/2013 the Certificated Bailiff Mr Gresty attended your property to enforce the Liability Order obtain by the Court as per the Walking Possession Form signed with Mr Hunter. After receiving no response a letter was left. On this date Mr Gresty attended with a van with a view to remove goods, for this legal course of action you incurred a fee of £190.00.

On the 20/03/2013 an arrangement was set up to pay £25 on the 15th of each month starting 15/04/13, this was due to a payment being allocated for 15/02 however had been paid onto an incorrect reference number.

You then made 7 payments of £26.00 including a £1.00 surcharge and 1 payment of £25.63.

On the 15.12.2013 you failed to make a payment of £25.00 therefore as stated on the Walking Possession Form signed with Mr Hunter your arrangement automatically entered default and further recovery action continued.

Your account is now due out with Mr Roff this afternoon therefore you will need to contact our office after 4pm

[chelle1990]

Re: Default on walking processions

Now I can't remember 2visits :/ but looks like I'm going to deal with the same friendly bailiff again