Slight problem with the Bully Boyz

[peed 'orf]

Question:
Can a Bailiff enter a property to remove items or grab a vehicle to cover just their fees?
Surley they should only be able to take stuff for the original dept, and should go to small claims court to recover any fees.

[thephoenix]

Re: Slight problem with the Bully Boyz

why just fee's?

depends on the reason they are there. Did they have a walk in order? (or whatever they are called)
did they have a warrant and escorted by police?
was the car parked on the drive way? was it on hp?

so many questions and so many answers.

A little more clarity on the situation please

[quartz]

Re: Slight problem with the Bully Boyz

I've been having a bit of a search, & I found this, I hope it's of use to you?

1. There should be an up-front fee, payable by the creditor, to initiate warrant enforcement action. Such a fee will apply across all enforcement sectors, and all types of debt. There are three potential models for such a fee:
i. Fixed fee
ii. Negotiable fee within a band width (with a fixed floor and ceiling)
iii. A matrix of the two

2. The up-front fee should cover the following elements:
i. take-up of a case by an enforcement agent
ii. the setting up of a file
iii. the use of licensed and reputable enforcement staff
iv. initial action(s) or investigation(s), which may lead to the provision of a probability report to be supplied by the agent to the creditor indicating the likelihood of debt recovery.

3. The up-front fee should be recovered from the debtor when enforcement is successful.
4. The advisory group feel that this would be the single most effective way to raise standards and discourage exploitation of fees.
____________

[peed 'orf]

Re: Slight problem with the Bully Boyz

why just fee's?
so many questions and so many answers.
A little more clarity on the situation please

Thankyou for your quick replies, more clarity coming right up.

Last year we had some Council tax arrears, the Council sent the Bailiffs round. They threatened to take the dogs! Then proceeded to put a Levy on the van we use for work, even though we told them we knew the law and they can’t take a vehicle used for work as it would make it impossible for us to work. Knowing Bailiffs don’t give a stuff about the law, and getting the van back could take time I borrowed the money and paid them £700.
We did ask for a copy of their charges as they were a little steep, and also to see the certificate. Neither has appeared.
We sold the house in November, leaving approx 1 month CT outstanding, I went to the Council and asked for an updated bill. As we didn’t have a forwarding address, I arranged for them to phone me on my mobile and I would go and collect it.
I received the call and went to collect it. They looked high and low, couldn’t find it. After a phone call it came to light it was at a different department 10 miles away. So I arranged to pick it up at a later date, and for them to ring me when it arrived (This was in December).
Yesterday I turned up at my parent house (where I haven’t lived since 1984), to find Rundells Bailiffs had left a message with my “5ft and a fag paper high” Mother, who’s nearly 80, that they would be back “within 48 hours to remove goods to settle the dept”.
Of course OH and I flew up the Council offices, waited over an hour to see someone. The bill was there, but I hadn’t received the call to say it was there (the bill showed £606 of the £700 had been paid to the Council). The “post-it attached with my number had a digit missing. They refused to call the Bailiffs off as the bill should have been paid. I went straight back up and paid off the outstanding amount owed to the Council direct.
As they had the request (in writing as well as verbally) for the price guide of their charges (The Council were also given a copy of the letter in December) can they chase me for their charges that appear to be more than what they’re actually allowed to charge?

[peed 'orf]

Re: Slight problem with the Bully Boyz

Another letter arrived at Mothers on Tuesday sent back "Return to sender".

Do they have to go back to Court as it's a different address, and surely there should be a letter from the Court so I can attend.
Can they enter a house if it's just their fees out standing?
Can they enter Mothers house regardless of the fact I don't actually live there?
Do they have to produce the list of fees / charges that we requested back in October?
Thanks.

[Guest]

Re: Slight problem with the Bully Boyz

Do they have to go back to Court as it's a different address, and surely there should be a letter from the Court so I can attend. Yes and the Court should be able to provide you with copies of any letters. Ask for them.

Can they enter a house if it's just their fees out standing? Did the bailiff gain peaceful entry and did you or anyone else sign a Walking Possession Order?

Can they enter Mothers house regardless of the fact I don't actually live there? They are not supposed too, but that does not often stop them - at which address was the debt incurred?

Do they have to produce the list of fees / charges that we requested back in October? Yes - if they do not do this, then send them a Subject Access Request under the DPA 1998.

[peed 'orf]

Re: Slight problem with the Bully Boyz

Do they have to go back to Court as it's a different address, and surely there should be a letter from the Court so I can attend. Yes and the Court should be able to provide you with copies of any letters. Ask for them.

Can they enter a house if it's just their fees out standing? Did the bailiff gain peaceful entry and did you or anyone else sign a Walking Possession Order?
They haven't entered either property, no walking possession order as far as I know, they put a levy on our van which we use for work, we're self employed.

Can they enter Mothers house regardless of the fact I don't actually live there? They are not supposed too, but that does not often stop them - at which address was the debt incurred?
The dept was from the house we moved out of in November, but it is paid. It's just their fees out standing. (But that's because of a mistake by the Council person)

Do they have to produce the list of fees / charges that we requested back in October? Yes - if they do not do this, then send them a Subject Access Request under the DPA 1998.
Do they have to produce it before they can demand payment of them?

Thanks.

[peed 'orf]

Re: Slight problem with the Bully Boyz

Hi Guys.
Just turned up at my parents house to find the Bailiff stood in the hall talking to my Dad!
He's given me a "Attendance notice The clearence of goods" saying they will be back within 24 hours with the Police to remove goods for the £90 Bailiff fees outstanding. :fear: I asked him again for a copy of their fees and charges, and suggested they take me to Small Claims Court. He had a giggle and bypassed it.
He said he's not bothered but if a senior baliff turns up when I'm there, they clamp/take my van, according to him.....as my van hasn't been altered for a specific job, they can take it.
I did say if they take anything from the house, as I don't live there, it'll be burglery.
What do I do next? Pay the fees? :tsk: Poke him in the eye with a blunt stick? :bolt::bolt:

[scoobydoo]

Re: Slight problem with the Bully Boyz

When bailiffs may be used

Your creditor (the person you owe money to) can make a claim against you in the County Court. A County Court Judgment (CCJ) may be made stating you must repay the debt.
Your creditor can ask the court to issue a 'warrant of execution', which means that bailiffs may be called in to help recover the debt.
If you owe tax to HM Revenue & Customs (HMRC), or Council Tax to your local authority, they may send bailiffs to recover the debt.

• Dealing with debt problems
• County Court Claims and County Court Judgments (CCJs)

Debt collectors

Creditors may use a debt collection agency to ask you to pay off the debt.
Debt collectors aren't court officials and don't have the same powers as bailiffs. They can't enter your home or seize your possessions.
Creditors and debt collectors must follow OFT (Office of Fair Trading) debt collection guidance - pages 14 to 19 of the OFT leaflet 'Debt collection guidance' detail how debt collectors should behave.

• Download OFT leaflet 'Debt collection guidance' (PDF document, 336K) (opens new window)
• Help with PDF files

If a collector harasses you, you should contact your local council's trading standards department. If they threaten you physically, contact the police.

• Find your local council (opens new window)

How to avoid being visited by county court bailiffs

If your debt is a County Court Judgment and a warrant of execution has been issued, you can try to stop bailiffs visiting your home by filling in form N245 at your local County Court making an offer to repay the debt, for example by instalments - this should always be an offer you can afford to keep. If accepted, this will suspend the warrant so long as you keep up-to-date with the agreed payments.

• Find your local County Court (opens new window)

What bailiffs can and can't do

If County Court bailiffs come to your home, you don't have to let them in.
They can't force their way in on their first visit, but they can enter through an open window, or an unlocked door. Forced entry includes pushing past you once you have opened the door to them or leaving their foot in the door to prevent you closing it. Such action would make the whole process illegal.
Bailiffs trying to recover money you owe to HMRC are allowed to break into your home, providing they have a magistrates' warrant.
Bailiffs recovering unpaid magistrates' court fines, however, do have the power to force entry.

Negotiating with bailiffs

You may negotiate with bailiffs to pay some or all of the debt there and then, so they leave without taking anything. If they accept any payment from you, you'll need to make sure you get a receipt. Bailiffs may be willing to take part in a reasonable negotiation (subject to legal and contractual constraints) - only make an agreement if you can afford to stick to it.
It's likely that the bailiff's fee and expenses for each extra visit will be added to the debt you owe - you may ask for details of these at any time, and fees can be disputed. If you have questions about a bailiff's fees and expenses it's best to get advice - see 'Where to get help and advice' below.

What can a bailiff take?

Bailiffs can't take essentials such as clothing, bedding, cookers, fridges, most furniture and the 'tools of your trade' (for example, a computer you use for work).
They can take non-essential items such as your television. They can take possessions outside your home (for example, your car or garden equipment), or in unlocked sheds and garages.

Rent and mortgage arrears - evictions

If you're behind with your rent or mortgage payments, your landlord or mortgage lender may get a County Court possession order to evict you. In this situation, the bailiffs are allowed to break into your home.

• Rent arrears
• Mortgage arrears or payment difficulties

Where to get help and advice

Dealing with bailiffs is complicated; always seek free, independent help and advice if you have to deal with them.

National Debtline

National Debtline offers free advice for people with debt problems in England, Wales and Scotland.



This is from www.direct.gov.uk

Under money/tax/benefits
then debts /arrears - bailiffs


Jan

[Guest]

Re: Slight problem with the Bully Boyz

If you can pay the bill then pay it - it is going to be much easier to deal with this if you do not have them making threats.

Make sure you document everything.

Finally, do you have this guys name? Don't post it up here, PM me with it.

[peed 'orf]

Re: Slight problem with the Bully Boyz

I could probably borrow the money to pay the fees. If that's the best way to go, I'll do it.
Pretty much of what's happened is on here, I'll copy it off and fill in the blanks.
PM done.
Thanks.

[BAILIFFCHASER]

Re: Slight problem with the Bully Boyz

Pay their fees and go after them. Trust it works better that way.

[peed 'orf]

Re: Slight problem with the Bully Boyz

Went and paid off the fees.out: Really didn't like doing it!

[BAILIFFCHASER]

Re: Slight problem with the Bully Boyz

Did you get the name of the attending bailiff ?

[peed 'orf]

Re: Slight problem with the Bully Boyz

Yep I did get his name, PM'ed it to Cetelco as instructed.