Default on walking possession

[bizzybob]

Re: Default on walking processions

"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."

Damned lies, there is no law that states you even have to talk to a bailiff, and council tax is a liability order not a warrant so there is no right of entry either.

[chelle1990]

Re: Default on walking processions

"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."

Damned lies, there is no law that states you even have to talk to a bailiff, and council tax is a liability order not a warrant so there is no right of entry either.

unfortunately I didn't know the above at the time. But a few numbers don't add up with what is on the form, and also, I haven't received letters about the other two debts but apparently they are with Mr.Roff as well for the same reason. Day just gets better :/

Sorry I put the wrong debt info in. This gives me such a headache all this.

[bizzybob]

Re: Default on walking processions

unfortunately I didn't know the above at the time. But a few numbers don't add up with what is on the form, and also, I haven't received letters about the other two debts but apparently they are with Mr.Roff as well for the same reason. Day just gets better :/

Sorry I put the wrong debt info in. This gives me such a headache all this.

Step back chill, Beagles can and will help you through this.

[chelle1990]

Re: Default on walking processions

Step back chill, Beagles can and will help you through this.

Thanks. Trying to just getting worried now as I can see being charged 3x£190 removal fees and not having any furniture to sit on as one is for sofa the other Debt is our dining chairs and table....sigh

[bizzybob]

Re: Default on walking processions

Thanks. Trying to just getting worried now as I can see being charged 3x£190 removal fees and not having any furniture to sit on as one is for sofa the other Debt is our dining chairs and table....sigh

He would be an even bigger idiot than we thought if he actually did come with a van to remove them, they aren't even worth a days hire for a Luton transit, let alone anything else, he plays on fear.

[chelle1990]

Re: Default on walking processions

He would be an even bigger idiot than we thought if he actually did come with a van to remove them, they aren't even worth a days hire for a Luton transit, let alone anything else, he plays on fear.

Well according to the above break down they did try before as they applied a removal fee (even though it wasn't my fault! Mr. hunter wrote a 8 not a 5 on reef number)

[CleverClogs]

Re: Default on walking processions

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.

Not true.

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.

Nearly correct, except that he cannot lawfully force entry even if he does have a warrant.

He again became rather challenging/threatening saying he would enter the house take appropriate action etc.

The only "appropriate action" the rough Mr Jason Roff - for it is he - could take would be to go for a long walk off Wigan Pier.

I referred 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 "went kind of crazy" because he'd encountered someone who wasn't going to be quite so easy to bully.

There is a bit of good news, though. His certificate is up for renewal about a month from now:

A letter to the Court, explaining how he misrepresented his legally permissible powers, could put paid to that.

Until January 2013 I made a payment Of £100 to start clearing them off.

To whom did you make that payment?

He [Mr Hunter] 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.

He's not allowed to charge £100 - or anything like that - as a "setting up fee".

As that money does not seem to appear on the accounts you've posted, when did you pay it, to whom did you pay it, when did you pay it - and did you get receipts?

His certificate is up for renewal in May 2014:

(It's a pity he's not Richard Stuart Hunter, as one could have fun with that name... :grin

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

You should. Marks & Spencers make an excellent fool or two.

[chelle1990]

Re: Default on walking processions

Not true.


Nearly correct, except that he cannot lawfully force entry even if he does have a warrant.


The only "appropriate action" the rough Mr Jason Roff - for it is he - could take would be to go for a long walk off Wigan Pier.


He "went kind of crazy" because he'd encountered someone who wasn't going to be quite so easy to bully.

There is a bit of good news, though. His certificate is up for renewal about a month from now:

A letter to the Court, explaining how he misrepresented his legally permissible powers, could put paid to that.


To whom did you make that payment?


He's not allowed to charge £100 - or anything like that - as a "setting up fee".

As that money does not seem to appear on the accounts you've posted, when did you pay it, to whom did you pay it, when did you pay it - and did you get receipts?

His certificate is up for renewal in May 2014:

(It's a pity he's not Richard Stuart Hunter, as one could have fun with that name... :grin


You should. Marks & Spencers make an excellent fool or two.

The payment (£100) was made for the account with the highest debt online to start clearing it (the one the bailiff was persueing for in November I was unaware that this was debt with the sofa etc was issued a month later) I have online confirmations for that.

The £25 is mentioned in the break down (I'd put the wrong debt originally, sorry). The £25 is mentioned on the walking order.

So do you think he will try take the sofa, table and chairs? I can imagine he will try collect tomorrow seeing as it's a 3 in 1 call.

I may have to take a trip now to see what I'm missing haha

[CleverClogs]

Re: Default on walking processions

So do you think he will try take the sofa, table and chairs? I can imagine he will try collect tomorrow seeing as it's a 3 in 1 call.

He might try but, as the goods are either exempt (dining table and dining chairs) or utterly worthless and impossible to sell, he would be bloody daft if he did.

Where was the £75 - the balance of the "setting up fee" - mentioned?
(One might suspect it went straight into his back pocket...)

[ploddertom]

Re: Default on walking processions

I would contend any or all of the following:

1 - Having failed to make payment as agreed the Bailiffs then wait in excess of 1 month before attending to see why but instead charge an Attending to Remove Fee. My view is that it was only the fee they were interested in.

2 - Having failed to make payment then in my view the Bailiff should have attended within 7 days to remove goods. I would therefore contend they abandoned their levy.

3 - the goods levied on have no Safety Labels & no value, therefore the intention of making a levy was purely in order to gain fees for the Bailiff and his Company.

4 - The assumption is that similar will apply to your other debts with the same Company and they are looking to you as an easy target who will just pay up regardless.

Time to kill off the fattened goose.

[chelle1990]

Re: Default on walking processions

He wanted a £100, £25 for debt 1 (sofas) £25 for debt 2, and £50 for debt 3. We paid £25, then agreed to pay the £75 on tax credits day. They where To set up the payment plans. We had to ring him to pay those payments.

So shall I let Mr. Jason Roff in? And see if he takes the items? And if he suggests taking other items to cover the debt do I tell him no?

[chelle1990]

Re: Default on walking processions

I would contend any or all of the following:

1 - Having failed to make payment as agreed the Bailiffs then wait in excess of 1 month before attending to see why but instead charge an Attending to Remove Fee. My view is that it was only the fee they were interested in.

2 - Having failed to make payment then in my view the Bailiff should have attended within 7 days to remove goods. I would therefore contend they abandoned their levy.

3 - the goods levied on have no Safety Labels & no value, therefore the intention of making a levy was purely in order to gain fees for the Bailiff and his Company.

4 - The assumption is that similar will apply to your other debts with the same Company and they are looking to you as an easy target who will just pay up regardless.

Time to kill off the fattened goose.

It makes sense what your saying but at this present moment time, can we stall him? Or just let him trip himself up? As he can enter the house how he likes now can't he as I've already let him in once?

[ploddertom]

Re: Default on walking processions

[QUOTE=chelle1990;400304]It makes sense what your saying but at this present moment time, can we stall him? Or just let him trip himself up? As he can enter the house how he likes now can't he as I've already let him in once?[/QUOTE

You say he is due tomorrow - fortunately Bailiffs are not that clever with diaries or watches so may not come. Even though he has had peaceful entry does not actually mean you have to let him in again - you could refuse, or go out for the day.

You could always call his bluff and invite him to take the said goods as it will do you a favour having ordered some new stuff which is much better in the SCS/DFS sale and he'd be doing you a favour. He isn't intersted in your stuff he wants cash.

[chelle1990]

Re: Default on walking processions

[QUOTE=ploddertom;400306]

It makes sense what your saying but at this present moment time, can we stall him? Or just let him trip himself up? As he can enter the house how he likes now can't he as I've already let him in once?[/QUOTE

You say he is due tomorrow - fortunately Bailiffs are not that clever with diaries or watches so may not come. Even though he has had peaceful entry does not actually mean you have to let him in again - you could refuse, or go out for the day.

You could always call his bluff and invite him to take the said goods as it will do you a favour having ordered some new stuff which is much better in the SCS/DFS sale and he'd be doing you a favour. He isn't intersted in your stuff he wants cash.

Haha does sound rather a good idea but if he wanted cash, we don't have it. Ive emailed chandler with the plans to pay in full. on 23rd but just said they'd pass on the info.

Im really a in a muddle what to do. But I'm dam sure he won't be receiving a penny.

I say tomorrow due to it being a 3 in 1 call.

[CleverClogs]

Re: Default on walking processions

He wanted a £100, £25 for debt 1 (sofas) £25 for debt 2, and £50 for debt 3. We paid £25, then agreed to pay the £75 on tax credits day. They where To set up the payment plans. We had to ring him to pay those payments.

This is nonsense.

There is no legally applicable fee for setting up a payment plan.

Either arse Hunter or Chandlers - or both - are making up their own scale of charges.