Default on walking possession

[chelle1990]

Re: Default on walking processions

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.

Well, nothing can be done now. It does state the first payment made was the 22/01/2013 on the order so maybe he was trying to hit targets? No idea but we believed him that we had to pay to set up. We genuinely thought he was doing a favour by offering to wait till our tax credits day to pay the order.

We're such mugs!

[chelle1990]

Re: Default on walking processions

Another question, if he does take the furniture, it's not going to sell for much at all. What would happen next? Would they keep persueing me to the full amounts have been recovered?

[ploddertom]

Re: Default on walking processions

He's had his chance at a levy and made a right a*se of it so tough on him. If he decides he wants to remove then that is up to him but let him explain it to the Council.

[CleverClogs]

Re: Default on walking processions

Another question, if he does take the furniture, it's not going to sell for much at all. What would happen next? Would they keep persueing me to the full amounts have been recovered?

No.

They'd charge for the removal and for all the other fees they can think of.

However, the dining room table and chairs are exempt and may not lawfully be taken, so any levy (or levies) including such items would be invalid. Mr Hunter knew this at the time, as he has been a certificated bailiff for the past 19 months; his sole motive for listing exempt items would seem to be to claim a levy fee.

If the upholstered items lack their safety tags (and are not antiques) then they may not lawfully be sold.

Could you list all three levies - the size of the debt, the goods purportedly seized and the levy fee charged?

[CleverClogs]

Re: Default on walking processions

a right a*se

That seems to imply that there's also a left arse, but why do you suppose he has a bifurcated anus? :nerd:

[chelle1990]

Re: Default on walking processions

No.

They'd charge for the removal and for all the other fees they can think of.

However, the dining room table and chairs are exempt and may not lawfully be taken, so any levy (or levies) including such items would be invalid. Mr Hunter knew this at the time, as he has been a certificated bailiff for the past 19 months; his sole motive for listing exempt items would seem to be to claim a levy fee.

If the upholstered items lack their safety tags (and are not antiques) then they may not lawfully be sold.

Could you list all three levies - the size of the debt, the goods purportedly seized and the levy fee charged?

Of course. Debt 1: amount £338.31 (now at £254)

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

Debt 2: £384 (now at £110)
1x wooden coffee table (not ours but the land lords, can't proved as he didn't actually give us a inventory when we moved in. I'll have to replace that)
2x black metal CD stands (they're actually DVD strand but never mind)
1x Black Samsung 12v150 laptop (had no battery at time of issuing, still doesn't and no charger)


Debt 3: total amount £1266.42 (now at £660)
1x grey HP tower (needed at the time for course work)
1x Phillips PC monitor (same as above)
1x black wooden dining table
5x black wooden chairs (there was only ever 4???)

[chelle1990]

Re: Default on walking processions

For got to mention debt 1 levy fee: £33
Debt 2 levy fee: £34
Debt 3 levy fee: £58

[CleverClogs]

Re: Default on walking processions

Mr Hunter has made not one, not two, but three invalid/improper levies; in my opinion, not one of them is valid.

Of course. Debt 1: amount £338.31 (now at £254)

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

Goods too shabby and broken to sell, even if they still had their safety tags; levied to garner a fee.

Debt 2: £384 (now at £110)
1x wooden coffee table (not ours but the land lords, can't proved as he didn't actually give us a inventory when we moved in. I'll have to replace that)
2x black metal CD stands (they're actually DVD strand but never mind)
1x Black Samsung 12v150 laptop (had no battery at time of issuing, still doesn't and no charger)

The coffee table, being another person's property, is exempt and the other items wouldn't realise enough at auction to cover removal costs. Levied to garner a fee.

Debt 3: total amount £1266.42 (now at £660)
1x grey HP tower (needed at the time for course work)
1x Phillips PC monitor (same as above)
1x black wooden dining table
5x black wooden chairs (there was only ever 4???)

Not only were the dining chairs wrongly described, they are also exempt by law; the computer equipment may also be exempt, as "tools of the trade". Even if the computer and monitor could lawfully be seized and sold, they'd not realise much (if anything) over their removal and sale costs. The levy was therefore made to garner a fee.

Now, to check Mr Hunter's arithmetic:

Forgot to mention debt 1 levy fee: £33

Debt 1: amount £338.31
Levy fee = 24.50 + (238.31 x 4%) = 24.50 + 9.53 = £34.03 and £35 when rounded up.

Debt 2 levy fee: £34

Debt 2: £384
Levy fee = 24.50 + (284 x 4%) = 24.50 + 11.36 = 35.86 or £36 when rounded up

Debt 3 levy fee: £58

Debt 3: total amount £1266.42
Levy fee = 24.50 + 16 + (766.42 x 2.5%) = 40.50 + 19.16 = £59.66 or £60 when rounded up.

[chelle1990]

Re: Default on walking processions

[QUOTE=CleverClogs;400381]Mr Hunter has made not one, not two, but three invalid/improper levies; in my opinion, not one of them is valid.


Goods too shabby and broken to sell, even if they still had their safety tags; levied to garner a fee.


The coffee table, being another person's property, is exempt and the other items wouldn't realise enough at auction to cover removal costs. Levied to garner a fee.


Not only were the dining chairs wrongly described, they are also exempt by law; the computer equipment may also be exempt, as "tools of the trade". Even if the computer and monitor could lawfully be seized and sold, they'd not realise much (if anything) over their removal and sale costs. The levy was therefore made to garner a fee.

Now, to check Mr Hunter's arithmetic:

Debt 1: amount £338.31
Levy fee = 24.50 + (238.31 x 4%) = 24.50 + 9.53 = £34.03 and £35 when rounded up.


Debt 2: £384
Levy fee = 24.50 + (284 x 4%) = 24.50 + 11.36 = 35.86 or £36 when rounded up


Debt 3: total amount £1266.42
Levy fee = 24.50 + 16 + (766.42 x 2.5%) = 40.50 + 19.16 = £59.66 or £60 when rounded up.[/QUOTon

Sorry clevercloggs my mistake I thought you meant total costs! My bad hang on

Debt 1: £269.81
Levy fee: 33.00
Walking possession fee: £12
Attendance: £24.50

Debt 2: £296.00
Levy fee: £34.00
Walking possesion fee: £12
Attendance: £22.50

Debt 3:
£1171.92
Levy fee: £58.00
Walking possessions frr: £12
Attendance fee: £24.50

[CleverClogs]

Re: Default on walking processions

Thank you. I will recalculate the levy fees presently, but I can tell you without needing to calculate anything that he has overcharged.

He is not permitted to charge one visit fee - or "attendance fee" - per liability order. He should know that...

[ploddertom]

Re: Default on walking processions

In that case the "levy" fees are totally out. I do agree with the comments CC has made as they are all relevant. In seizing the computer he has forgotten to list Mouse & Keyboard and apart from Data Protection issues has also forgotten about the Electrical Safety Regs for second hand goods.

[chelle1990]

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?

[CleverClogs]

Re: Default on walking processions

Debt 1: £269.81

Levy fee = 24.50 + (169.81 x 4%) = 24.50 + 6.79 = 31.29 or £32 when rounded up
Adding a visit fee to the debt, we get 24.50 + (194.31 x 4%) = 24.50 + 7.77 = 32.27 or £33 when rounded up

Debt 2: £296.00

Levy fee = 24.50 + (196 x 4%) = 24.50 + 7.84 = 32.34 or £33 when rounded up
Adding a visit fee to the debt, we get 24.50 + (220.50 x 4%) = 24.50 + 8.82 = 33.32 or £34 when rounded up

Debt 3: £1171.92

Levy fee = 24.50 + 16 + (671.92 x 2.5%) = 40.50 + 16.80 = 57.30 or £58 when rounded up
Adding a visit fee to the debt, we get 24.50 + 16 + (696.42 x 2.5%) = 40.50 + 17.41 = 57.91 or £58 when rounded up

He has - improperly - added a visit fee of £24.50 to each debt before calculating the levy fees, even though this is wrong.

[chelle1990]

Re: Default on walking processions

Levy fee = 24.50 + (169.81 x 4%) = 24.50 + 6.79 = 31.29 or £32 when rounded up
Adding a visit fee to the debt, we get 24.50 + (194.31 x 4%) = 24.50 + 7.77 = 32.27 or £33 when rounded up


Levy fee = 24.50 + (196 x 4%) = 24.50 + 7.84 = 32.34 or £33 when rounded up
Adding a visit fee to the debt, we get 24.50 + (220.50 x 4%) = 24.50 + 8.82 = 33.32 or £34 when rounded up


Levy fee = 24.50 + 16 + (671.92 x 2.5%) = 40.50 + 16.80 = 57.30 or £58 when rounded up
Adding a visit fee to the debt, we get 24.50 + 16 + (696.42 x 2.5%) = 40.50 + 17.41 = 57.91 or £58 when rounded up

He has - improperly - added a visit fee of £24.50 to each debt before calculating the levy fees, even though this is wrong.

Hmmmm doesn't make much difference though it's a tiny amount to complain about haha.

I'd also like to point out that on debt 3, although he has used the fee £24.50 he has written over and wrote £22.50 :/

[CleverClogs]

Re: Default on walking processions

Hmmmm doesn't make much difference though it's a tiny amount to complain about haha.

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.