Any advice please?

[ploddertom]

Re: Any advice please?

My point of the 2nd Feb is that it is a Sunday. They know very well it is not a banking day and will default you accordingly. Now if you didn't know better then they would try to charge a Broken Arrangement Fee, an Attending with a Van Fee - even though they have no levy - in order to add another £250 or so to the outstanding debt.

The Bailiff can huff & puff all he wants but if never been in your home there isn't a lot he can do.

[CleverClogs]

Re: Any advice please?

they would try to charge a Broken Arrangement Fee

Would such a fee be lawful?

[ploddertom]

Re: Any advice please?

Would such a fee be lawful?

The actual name of the fee is Broken Arrangement Fee Technically Allowed or BAFTA - because it is such a good story.

[bizzybob]

Re: Any advice please?

The actual name of the fee is Broken Arrangement Fee Technically Allowed or BAFTA - because it is such a good story.

Nah, not in the regulations and Brothers Grimm fee scale is not applicable, so BAFTA is out of the window, sorry tossendales, no BAFTA and certainly an OSCAR nomination (Only Seedy Criminals And Reprobates)

[CleverClogs]

Re: Any advice please?

Nor Cancelled or Rescinded Arrangement Penalty, nor Superimposed Higher Interest Tariff.

[bizzybob]

Re: Any advice please?

Nor Cancelled or Rescinded Arrangement Penalty, nor Superimposed Higher Interest Tariff.

But a Formal Complaint from OP stating the bailiff is attempting to arrange a default on a non existent arrangement and charge fees for a levy that is a figment of his febrile imagination to the Council CEO who if he/she condones the action becomes a Criminal Enabling Officer with in extremis a personal liability for the criminal and fraudulent action of their appointed agent the bailiff and his own revenue officials who cause and permit it.

[pokerpaul]

Re: Any advice please?

Hi all, just a quick update,recieved the response from the council, they only answered half the questions raised, par for the course there, the bailiffs have refused to accept any less than £32 a week. impossilble for me, and say if payment not received by 4th Feb futher action will be taken. Any ideas what they can do now? Can they try to slap on broken arrangement fees if no arrangement was made? While i wait, i will now contact the council CEO and see where that goes.Thanks again.

[bluebottle]

Re: Any advice please?

They cannot force you to pay more than you can realistically afford. You could do something called a Regulation 46 Appeal to the magistrates court that granted the LO. As you appear to be on a limited income, click on the link to the National Pro Bono Centre in Clever Clogs' posts and see if they can help you.

[CleverClogs]

Re: Any advice please?

Can they try to slap on broken arrangement fees if no arrangement was made?

A "broken arrangement fee" would be unlawful even if an arrangement had been made.

[bizzybob]

Re: Any advice please?

As CC alludes there is no such animal as a Broken Arrangement Fee, in any case as you cannot afford what they demand, you clearly cannot make an agreement to break.

[pokerpaul]

Re: Any advice please?

Good morning all, just a quick update and a couple more questions please. Since my last post i've recieved a letter from the bailiff stating due to not paying they are coming to remove goods!With no levy made, what goods? I also emailed the councils CEO outlining my problem, and recieved a reply yesterday saying they are treating it as a stage1 complaint. A comprehensive reply but some facts still wrong.i.e. reciepted payments they are'nt showing. I have been making weekly payments since this started direct to the council, they thanked me for those payments but tell me i need to deal direct with the bailiff, do i? Am i right in thinking that as there is no WPA or levy made and no peaceful entry made, why deal with them now? The council have now closed the stage 1 complaint but say i can go to stage 2 whatever that is, i will keep up direct weekly payments to the council for as long as the let me. Your advice always appreciated, thanks.

[ploddertom]

Re: Any advice please?

I think you have answered your own questions.

If the Bailiff has not gained peaceful entry previously levied on any goods outside then his letter is as good as Andrex but not as soft. I assumed the Council have just fudged the issue instead of taking it seriously - if you are not satisfied with their response then ramp it up a gear.

I would say by all means keep paying the Council but do budget for any lawful Bailiff fees. Have you had a breakdown of fees from the Bailiffs?

[bizzybob]

Re: Any advice please?

Good morning all, just a quick update and a couple more questions please. Since my last post i've recieved a letter from the bailiff stating due to not paying they are coming to remove goods!With no levy made, what goods? I also emailed the councils CEO outlining my problem, and recieved a reply yesterday saying they are treating it as a stage1 complaint. A comprehensive reply but some facts still wrong.i.e. reciepted payments they are'nt showing. I have been making weekly payments since this started direct to the council, they thanked me for those payments but tell me i need to deal direct with the bailiff, do i? Am i right in thinking that as there is no WPA or levy made and no peaceful entry made, why deal with them now? The council have now closed the stage 1 complaint but say i can go to stage 2 whatever that is, i will keep up direct weekly payments to the council for as long as the let me. Your advice always appreciated, thanks.

Go to Stage 2, DO NOT let the bailiff in, keep any car away, and make sure there is no garden furniture they can levy, as they have no levy as yet, their letter must be taken as an intention to visit and levy, if you don't answer or arent in they may levy a random car in the street to attempt to screw illicit fees from you. Bailiffs cannot comprehend that someone may well be savvy and can second guess what the muppets will do next, as they are blinded by greed for fees.

[pokerpaul]

Re: Any advice please?

Thanks for your quick replies, the only fees charged,so far, are 1st and 2nd visit fees, both valid. No payment plan agreed but i understand i will need to pay their fees. I'll up it to a stage 2 then with the council, got nothing to lose really. If they do come back to levy again, can i legally still refuse them entry? No car to worry about. Thanks again.

[ploddertom]

Re: Any advice please?

When they come back demanding to be in ask them which Rule or Regulation allows this. And of course remember there is no law that says you have to speak to or deal with a Bailiff. Deny him access to your or prevent him levying on goods outside then he is complettely powerless and can do nothing. Be prepared for the imaginary levy on a vehicle parked close by as that is what they will probably try.