Thanks LFB will post today I am about to throw a spanner in the works as I have just enrolled on a fulltime course at college which now makes my home Council Tax exempt bet they're not going to like that but hay ho thats their problem not mine!!

hi all I've had a bad week and not been able to do much but have finally sorted out the letters I am going to send Please take a look and let me know if any changes are needed Thanks Belville Letter 1 I have now had an opportunity to seek advice and I now understand you have No entitlement to charge me an Enforcement fee of £200 and I require you to deliver to me at the above address a statement of truth within Twelve days from the date of this letter. You are not entitled to defraud a debtor to obtain a money transfer or make a gain for yourself or another in this way. I would like to point out to you that under the Definition of 'disability' under the Disability Discrimination Act (DDA), I am classed as disabled and therefore under the rules of Duty of Care also classed as VULNERABLE. There is no entitlement for you to charge me a Walking Possessions Fee because no peaceful entry to my property has been made and I did not sign a walking possessions agreement. There is no entitlement to charge an Enforcement Fee because the law does not provide for you to charge any fees of that description. Charging these fees is fraud and I understand it is a criminal offence under Sections 1 to 5 of the Fraud Act 2006 risks a criminal record which ultimately revokes a bailiff’s certificate. Your company director may also be criminally liable for Assisting an Offender by receiving or benefiting from the proceeds of a money transfer originating from crime. For the avoidance of doubt, that in your failure to furnish me with full details as to your charging structure within twelve days, I will automatically file at the bailiffs certificating court a Form 4 complaint on the grounds of abusing his position of trust and trying to defraud me with fees not prescribed in law. If you wish to start an investigation of your own, please be advised that in the absence of the information I require, this doesn't delay proceedings or filing a criminal complaint with a police authority. This document is a notice of proceedings and is delivered by Royal Mail and I deem it to be served on you by the ordinary course of post in the meaning of Section 7 of the Interpretation Act 1978 and therefore your responsibility and in your own interests that this letter is handed to the relevant person within your organisation, and I regret I am unable to discuss this matter by telephone or in person as I am acting under legal advice. I now require you to provide me with a Statement of Truth that all your demanded fees are lawful within 12 days from today’s date Please also furnish me with screen shots of my account to include all changes to amounts, charges added either manually or automatically Yours Faithfully Letter 2 Formal Complaint Stage 1 I have had an opportunity to seek advice and I write on the understanding that Case Law has ruled an Authority is liable for its bailiffs. I therefore ask you to deliver to me at the above address a full Statement of truth in relation to your In-House Bailiff’s fees, and how they are made up and to which prescribed term each fee/cost relates within twelve days from the date of this letter. I would like to point out to you that under the Definition of 'disability'under the Disability Discrimination Act (DDA), I am classed as disabled and therefore under the rules of Duty of Care also classed as VULNERABLE There is no entitlement for your bailiff to charge me a walking possessions fee because no peaceful entry to my property has been made and I have not signed a walking possessions agreement. There is no entitlement for your bailiff to charge an Enforcement fee because the law does not provide for any fee of that description Charging these fees is fraud and I understand it is a criminal offence under Sections 1 to 5 of the Fraud Act 2006 and anyone receiving or benefiting from the proceeds of a crime may be subject to a criminal investigation. I appreciate the public are less-informed of the prescribed fees bailiffs are entitled to charge, I believe they have taken advantage of this to make a gain or obtain an unlawful money transfer for himself or another. While I am quite sure the council did not intend to in-house bailiffs to be perceived as a firm of tricksters who have been found defrauding a member of the public in this way and I would be grateful if we can settle this matter quickly and quietly. They may be bailiffs but that does not make them less liable than any other public service contractor, e.g. a plumber. However, a bailiff is in a position of trust and in abusing that position they commit an offence under Section 4 of the Fraud Act 2006.[/ For the avoidance of doubt, that in your failure to furnish me with a full statement of truth within twelve days, I will automatically file a claim in the small claims track without writing further and this will invariably involve an application for costs, and I'll inform the LGO that you the council is aware that a contractor working under your instruction is engaging in criminal activity by defrauding members of the public. If you wish to start an investigation of your own, please be advised that in the absence of the information I now require, this doesn't delay legal proceedings or filing a criminal complaint with a police authority. This document is a notice of intended proceedings and delivered by Royal Mail and I deem it to be served on you by the ordinary course of post in the meaning of Section 7 of the Interpretation Act 1978 and therefore your responsibility and it’s in your own interests that this letter is handed to the relevant person within your organisation.[/ Yours Faithfully Letter 3 Request under Section 10 of the Freedom of Information Act 2000 I write requesting a copy of the fee schedules you have agreed with your enforcement officers and bailiff contractors effective as of 12th August 2009 to be delivered to me at the above address within twenty working days or as prescribed under the Act. I would also be grateful if you could furnish me with a copy of the liability order as I have never received one. I have written to the bailiff with a request for a screen shot of my account Yours Faithfully

Thanks for your help and support LFB Just wondering if I should also send the following to the council Re: Request under Section 10 of the Freedom of Information Act 2000 I write requesting a copy of the fee schedules you have agreed with your enforcement officers and bailiff contractors effective as of DATE to be delivered to me at the above address within twenty working days or as prescribed under the Act.[/font] what do you think??

Re: YOUR NAME & ANY REF: Visit by your bailiff on [DATE] Formal Complaint Stage 1 I have had an opportunity to seek advice and I write on the understanding that Case Law has ruled an Authority is liable for its bailiffs. I therefore ask you to deliver to me at the above address a full Statement of truth in relation to your In-House Bailiff’s fees, and how they are made up and to which prescribed term each fee/cost relates within twelve days from the date of this letter. There is no entitlement for your bailiff to charge me a walking possessions fee because no peaceful entry to my property has been made and I have not signed a walking possessions agreement There is no entitlement for your bailiff to charge an Enforcement fee because the law does not provide for any fee of that description. Charging these fees is fraud and I understand it is a criminal offence under Sections 1 to 5 of the Fraud Act 2006 and anyone receiving or benefiting from the proceeds of a crime may be subject to a criminal investigation. I appreciate the public are less-informed of the prescribed fees bailiffs are entitled to charge, I believe they have taken advantage of this to make a gain or obtain an unlawful money transfer for himself or another. While I am quite sure the council did not intend to in-house bailiffs to be perceived as a firm of tricksters who have been found defrauding a member of the public in this way and I would be grateful if we can settle this matter quickly and quietly. They may be bailiffs but that does not make them less liable than any other public service contractor, e.g. a plumber. However, a bailiff is in a position of trust and in abusing that position they commit an offence under Section 4 of the Fraud Act 2006. For the avoidance of doubt, that in your failure to furnish me with a full statement of truth within twelve days, I will automatically file a claim in the small claims track without writing further and this will invariably involve an application for costs, and I'll inform the LGO that you the council is aware that a contractor working under your instruction is engaging in criminal activity by defrauding members of the public. If you wish to start an investigation of your own, please be advised that in the absence of the information I now require, this doesn't delay legal proceedings or filing a criminal complaint with a police authority. This document is a notice of intended proceedings and delivered by Royal Mail and I deem it to be served on you by the ordinary course of post in the meaning of Section 7 of the Interpretation Act 1978 and therefore your responsibility and it’s in your own interests that this letter is handed to the relevant person within your organisation. Does this seem ok?

So should I remove that part? Should I add anything about being classed as a vulnerable person to the letter? No I didn't receive anything from the court I will post up a similar letter to merton council in a few minutes

Sorry if I sound simple I'm not sure exactly what you mean.... This is for council tax the council have been to court and have a liabillity order for £399.10 I have only had 1 letter from Merton Bailiff Services and it was put through my door it is headed "Notice of Seizure of Goods and Inventory" on the inventory part it state the make and registration number of my car plus the colour

I am unsure about this part of the letter and need someone to tell me that I am correct in this They have levied on my car in my absence

Will they treat this as a SAR request and then not action it because there is no £10 fee included as I really cannot afford to send them £10?

I have now had an opportunity to seek advice and I now understand you have No entitlement to charge me an Enforcement fee of £200 and I require you to deliver to me at the above address a statement of truth within Twelve days from the date of this letter. You are not entitled to defraud a debtor to obtain a money transfer or make a gain for yourself or another in this way. There is no entitlement for you to charge me a Walking Possessions Fee because no peaceful entry to my property has been made and I did not sign a walking possessions agreement. There is no entitlement to charge an Enforcement Fee because the law does not provide for you to charge any fees of that description. Charging these fees is fraud and I understand it is a criminal offence under Sections 1 to 5 of the Fraud Act 2006 risks a criminal record which ultimately revokes a bailiff’s certificate. Your company director may also be criminally liable for Assisting an Offender by receiving or benefiting from the proceeds of a money transfer originating from crime. For the avoidance of doubt, that in your failure to furnish me with full details as to your charging structure within twelve days, I will automatically file at the bailiffs certificating court a Form 4 complaint on the grounds of abusing his position of trust and trying to defraud me with fees not prescribed in law. If you wish to start an investigation of your own, please be advised that in the absence of the information I require, this doesn't delay proceedings or filing a criminal complaint with a police authority. This document is a notice of proceedings and is delivered by Royal Mail and I deem it to be served on you by the ordinary course of post in the meaning of Section 7 of the Interpretation Act 1978 and therefore your responsibility and in your own interests this letter is handed to the relevant person within your organisation, and I regret I am unable to discuss this matter by telephone or in person as I am acting under legal advice. I now require you to provide me with a Statement of Truth that all your demanded fees are lawful within 12 days from today’s date Can someone more knowledgeable than me please have a look at the above and advise me of any changes that I should make or anything I should add. Belville

Hi Gustavis rex thanks for your reply Is there a template anywhere for the high lighted part of your post is so could you direct me to it. I have subscribed to your thread and have looked at the web site " SCREW THE BAILIFFS" very interesting! just wondering if I should I use some of the letter templates and really start the ball rolling against Merton council and their bailiffs because as far as I can see they are as guilty of fraud as their inhouse bailiffs are considering that on their own online C/Tax account checker they show my C/Tax outstanding includes the bailiffs fees. I still haven't heard a word from either the council or the bailiffs in responce to the emails I sent last friday. So now I want to start working on any letters that I need to write so help and advice as to what I need to write etc will be very welcome from anyone willing to do so. Unfortunately my medical condition makes it difficult for me.

can I get details and a copy of the liability order from the court? I think they use wimbledon magistrates court

ok so just checked C/Tax account online again and it shows the payment

Well I've just made a payment to the council for £5.00 this the first of many payments but it's been accepted. It doesn't show against my account yet but I have an email receipt, so they cannot say they haven't got it. Still nothing in responce to fridays email though!

Ok Will do thanks again you're a star My Local Mp is Siobhan McDonagh and her surgery is on friday afternoon I am going to pay £5 tomorrow when I get my money belville

Thanks for that hallowitch good advice as usual Do you think that I should follow up on fridays emails today or give them a few days, and if so any sugestions as to the wording?

well Just got home from and arduous few hours at he hopsital with my mum and theres no reply to either of the emails I sent on Friday having said that I doesn't look like the Bailiffs have been either as there weren't any more letters hand delivered with more charges on them so thats good I suppose I will look at the link to the Council Obudsman that seanamarts has posted and see what they can do I will update you all whan i have spoken to them if not my local CAB have and open door tomorrow so will probably go along and see what if any help they can be

Hi is there somewhere on the net that I can see this written in Black and white to use this in my fight with both the council and the bailiffs, Some legislation or court rules?

morning all I've just checked the online council tax account balance checker and it says that the outstanding balance is £636.10 can they do that? I mean my council tax isn't £636.10 it's £399.10 so I don't understand how I can owe the COUNCIL that unless they have told the bailiffs what to charge. I know they are inhouse Bailiffs but surely thats not allowed! belville

thanks

thanks for that MRSWESTHAM my Gp will fill in his part only already asked! Can't find a welfare rights office anywhere near me so I'm wondering about using the benefits helpline form filling advisers what does everyone think of that?

ok so have also sent an email to The CEO of finance with a copy of my email to the bailiffs not sure if it's going to do any good as both emails were sent to the same email addy well it's fingers crossed now and NO ANSWERING THE DOOR TO STRANGERS!! Dear Sir, I have sent an e-mail to Merton Bailiff Services with a payment plan for my council tax arrears a copy of which I have included in this e-mail As Merton Bailiff Services are employed by you, I believe the final decision regarding payment is yours I therefore hope you will look favorably on my payment plan Many thanks

OK so It's been sent now and heres a copy Dear Sirs, Council tax reference number: ******** Bailiff Case Reference: ***** I had a visit from Merton bailiffs on 12th August 2009 regarding my unpaid council tax the bailiff is returning on Monday to collect full payment of this debt including charges my only income is made up of state benefits, namely Child benefit, Child Tax Credit and widowed parents benefit and I have no savings therefore I simply won’t have £620.10 to pay the bailiff on Monday Due to my financial and personal circumstances I am a widow with a 16yr old daughter to support,I have Fibromyalgia and am in constant severe pain, I also have Osteo arthritis and suffer from depression and am on medication for ita payment of £5 per week is all I can realistically afford as paying any more would put me in severe finantial hardship. I will make my first payment of £5 on Tuesday 18th August via your Automated payment line and then by standing order ever week ( I will await your details to allow me to set this up) If this payment is not suitable perhaps you can arrange for the payment to be made direct from my benefits I appreciate that the given the size of the dept it will take a long time to clear the outstanding balance however if my financial situation chances I will immediately get in touch with you and make arrangement to pay more I would also like to inform you that as to my position, I am under the rules of Duty of Care also classed as VULNERABLE and if my payment plan is not accepted then I will have no choice but to contact my MP as the money I receive are set at a minimum for me and my child to live. As this is a very worrying situation I find myself in an early reply to this e-mail would be appreciated Yours faithfully Just hoping that I here back from them today otherwise I will be panicky all weekend

Sorry didn't see this as was typing my post will add it then send email thanks again

Thanks Guys for your help and advice but I really want to get this email sent and still don't know what and how to add something about vulnerability I really need to get this sent as it's friday and they are coming on Monday so to be a nag but I'm getting myself really worked up about it and don't want to make any mistakes

thank you LFB I have sent you a PM let me know when you have read it if I should post the contents on open forum please. Also I am not at present on DLA nor do I have a blue badge I am struggling to word the application form for DLA correctly and although I always managed it fine for my husband I think the reality of how my illness affects me is hitting home, Fibro also causes you to be forgetfully and gives you a feeling of having a foggy brain alot of the time so I now find think thats were easy a couple of years ago really hard now and it's frustrating!! What would you suggest I add to my email to make them aware of my vulnerability??