We are in a bad enough situation having got into rent arrears bad enough to have an eviction notice served on us. The landlord also claimed for money owed so an order was granted for this also. The landlord threatened us with the high court in an e-mail. We were unsure this was an action he could take, so didnt worry too much. The eviction notice was dated for 16th Nov and a letter from Bailiffs came to tell us we have to move out by 2nd December.. Today a so called bailiff knocked on the door claiming to be authorised by the high court. The high court claim number is the same as the county court. He issued a notice of seizure. which said we are now not allowed to remove our possesions from the house.. EDIT One more thing I have had no change of making an offer to pay to any court ? the order was made days ago So. We have an order saying to get out and one saying not to move our things ???? He handed us two pieces of paper. One a notice of seizure and one a walking possession order.. I DID NOT allow him to get into the house or list anything in the house.. He also said the landlord had paid an awful lot of money to take this to the high court and it was something that only usually happens with large companies etc? What do we do ??

Just to add. The management company for the PRIVATE estate we live in has Central Ticketing limited issuing tickets using residents as 'wardens' It really is hilarious watching our friendly neighbours running out to ticket cars after dark. I use the visitors parking bays now and again when I have an expensive car home (I work for Land Rover) as i cannot park on the street and cars often get damaged by passing drunks at weekends. These visitor bays are always empty and I know I shouldn't but I have to park there. I have written to Central Ticketing asking for copies of tickets with photographic evidence.. I saved this one for the end after many months laughing at them and the management company. On a side note. I have recorded evidence of a conversation with my nieghbour who told me he targeted my cars as we only rented the property. and he didnt ticket the other car parked there as they had lived here for 4 years longer than us... Nice Neigbours !!!

Ours was not a debt related case but a family matter over contact with children.. My wife's ex produced an e-mail from the school to support his evidence. which he changed, the judge took it as important evidence. the school confirmed it had been changed a few years later but would not ever say so on record.

But... We had a situation once where an e-mail was produced as evidence in court. It had been altered very easily and we knew it had but the judge ( most likely being PC illiterate) took it as written evidence

I would imagine it would be useless as evidence... but it makes them feel ever so big and clever .... so let them have their fun... Just to add.... If i ran this forum I would find their IP address and block them... not that I am suggesting that But the good part is it makes them look stupid and adds to my complaint againstthem.. But they don't understand that

In response to a form 4 complaint against a bailiff. The bailiff company in their response to the court, mentioned things we have said on this forum.. Very strange as we have never mentioned our names or address on here.. They are watching us... surprise surprise !!!

Just to let anyone who has been readig this know. And to reassure anyone going through the same thing. We got a letter from our council after we did everything suggested on this forum. Without typing the whole letter . they have agreed to take our debt back from Newlyns provided we offer them a reasonable settlement to pay the arrears. They however, do not accept any error on the part of the bailiff.. !!! But we are pressing on with our form 4 complaint in the bailiffs registered court.. The letter did contain a couple of barbs. They noted that we had taken advice from this forum.. (I didnt tell them !!) They suggested that I should take advice only from the CAB and cautioned against taking advice from here as it would be totally unreliable... They also stated that should we not come up with a suitable proposal. then they will request the Magistrates court to commit us to prison.. Every single letter i have sent to either Newlyns or the council have stated that at no time was I refusing to pay. Anyway.. should anyone want any help please do not hesitate to ask.. I am more than happy to pass on our experience in thsi as we are sick of hearing the same tactics used over and over by these ****. I have written to our local paper who are interested in running a story on how these people act. I hope they do and we can help others who do not have access to this site.. good luck all.

Confidentiality ??? or can you actually say in a PM ? Or should I just presume there are actually lots of "compliants" against this bailiff?

They have only made one visit that I know of. Nothing was put in our letterbox to say he had come back. they have taken off the £100 now.. but is that an addmission of guilt i can send the court to add to the form 4 ? I paid by credit and debit card. have all reciepts Regarding the car.. There is no way he could get a ladder to see in the window to the garage. and even if he could there is no way he would see the reg number. Can he get details of any cars you might have from the DVLA.. Oh and the car is my daughters.. just registered in my name. can i get round this if needed.. Also they have taken the levy OFF the car which i found odd ?? letters going off now

Yes that would be nice to know too

I have done all the relevent letters etc ... the council are completely refusing to take back the debt even though I have been paying them regularly. I wrote to Newlyns on 7th Jan asking for a statement as they had added charges excessively and threatened them with a form 4 complaint. I heard nothing back for 2 weeks so i faxed them a copy of the form 4 complaint i intended to file. Again nothing back in the time frame given.. yesterday I filed that form 4 with the relevent court. Today I get this letter from Newlyns. Thank you for your recent letter the contents of which have been noted. We are also in reciept of the copy of the form 4 complaint and are awaiting further instruction from the court in this matter. We would advise it is our intention to vigourously defend any complaint made against our bailiff or the company. We would assure that we take complaints of this nature very seriously and the matter has been investigated in accordance with company procedure. The bailiff has produced a full written report and has been interviewed by his manager. We would comment that Mr Smith is an experienced bailiff and complaints against him are very rare. Please see a breakdown of debt and fees listed below for your information. Council debt: £2140.90 Visit fee 1: £24.50 Visit fee 2: £18.00 Attendance fee: £100.00 Card Surcharges: £25.16 TOTAL Debt: £2308.56 Paid: £963.92 Balance £1244.64 (now the best bit) Following a review of the file we have removed the £100 attendance charge incurred on Jan 6th. We do curreently have a levy noted against a Gold Rover BK******* which has been confirmed by the DVLA to be registered to you and your address. However as no levy fee was applied, The associated attendance fee has been removed. I have spoken with the council today and they have instructed we re-attend the property ini order to enforce the outstanding debt against you. We remind you that we are acting as per their instruction and the authority granted by the magistrates liability order. The council have advised you the minimum arrangement is until the end of March 2009 and therefore unable to accept the offered £100 per month. We would request you contact this office as soon as possible to discuss payment. If no response is recieved from you within 7 working days our bailiff action will resume without further notice.. A few things strike me here, maybe someone could enlighten me. 1, Have they just admitted to the excessive charge ? 2, The bailiff only came to our house and left a notice ONCE, and now they are saying that he in fact came twice, therfore adding that £18.00 The amount addded brought my total up to over £1500 according to his first notice, their numbers just do not add up .. Does this letter constitute a proper statement. no dates have been given for payments . Lastly and more worryingly. On the day the bailiff turned up I was out in that car. Our house is completely inaccessable there are high fences all round and the cars are 100% always garaged, there are no windows that he could have looked in to get that numberplate. How did he levy the vehicle. and If he did, legally, I am sure they would be back strong arming their way in to get that car. but the letter says they have removed the levy... Sounds very odd Before i make my next move can anyone enlighten me please. As i am now worried about their next move Many Many Thanks, in advance8)

Thanks... :grin:

I am sending them (Newlyns) a copy of a form 4 complaint that i intend to lodge with the court on Friday. regarding the excessive fees and their bullying tactics. I have not had any response to two letters asking for a statement of charges. Am I risking P***ing them off ? and making them more determined to get into our home ?

UPDATE ! After writing to the council again stating that I would only be paying the Council and NOT Newlyns. I recieved this reply. Dear Mr ***** I have spoken to Newlyn PLC who inform me they are responding to your enquiry regarding fees. I also refer you to my letter dated 16th January which states the debt is being handled by Newlyn PLC who may be prepared to offer an arrangement for weekly payments with the debt being fully paid in full by March 31st 2009. So in effect they seem to be completly ignoring my letters and sticking to their guns about dealing with Newlyns and the time I have to pay this by. Any ideas on my next step ? Whilst I am almost sure what i have been advised here is correct. I am worried that Newlyns will just keep coming back until they get in.

Have been having problems with EON since we moved into a property in March 08. the property is an old pub converted, which sat empty for 5 years then converted and sat empty for two. A few weeks after moving in the electric meter was read... then nothing. a few months later meter read again... then nothing... finally a bill came in for £1800 for 6 months. We found out that it was still on commercial billing then finalised a bill for £312.00 ... fine, asked them for a few weeks to pay.. which was fine. then we got calls and letters about a £900 bill in my name, found out it was for another property which we never lived in !!! Asked them to go away think about it and come back to us with our real bills. Yesterday while we were out we got a letter which was forced through our door. (we do not have a letterbox, its on the gate) "Notice of intent to apply for a warrant" They want to come in (break in, if needed) and disconnect. I intend to talk to them but would like to know my position on the charges they can add. I quote, " The following charges will apply" "The cost of todays visit £30" "The succesfull application of warrant £230, Which could increase further if we need to change locks on your property and enlist the aid of a dog handler" DOG HANDLER ?????? is any of this allowed ??? Thanks in advance ...

Thanks and sorry... will keep any future updates in here..

After sending the template letters that someone kindly gave me here last week. I have recieved a reply letter from the council recovery dept. For information i told them i would not be paying the baliff a penny and would pay the council direct £100 a month from a bill of £1385.. (Which i think is fair) The council reply: Dear Mr and Mrs ***** Thank you for your letter and financial statement dated 7th Jan 2009 I have looked at the financial statement and considered your payment offer of £100 per month. Unfortunately we will only be prepared to accept an arrangement through Newlyn PLC spread between now and the end of the financial year. I would again advise that you seek free independant advice from an agency such as the CAB, I would also suggest you consider applying for Housing and Council Tax Benefit or as your rent takes up a large proportion of your weekly expenses, consider a property with lower rent. Please contact Ben Smith of Newlyn PLC to agree payments to finish no later than 31st March 2009 Yours sincerely ******* ***** Revenues service Well he plainly did not read the letter sent as i did state i would not be paying the baliff a penny but would continue to pay the council as stated. Also the words " I would again advise you seek advice from the CAB" He has never advised once that I seek advice. So where he gets "again" from is a mystery. Does anyone suggest my next move is to send him a letter stating that i would be paying that £100 a month direct to them and if they wish they can take me to court again. I still have had no reply from Newlyns asking for a statement, to include the added charges (added overcharges!!!) which i also sent on the 7th giving them 7 days to reply. any advice would be helpfull. but I do think we are on the right track. Thanks

What a horrible story.. thoughts to the family concerned and a manslaughter charge for the baliff

This is my experience of the last week.. Exactly the same scenario that you are in. This is their first visit yes ??? There is a letter on this forum section somewhere that you need to give to the council and the baliffs. if you can't find it i will try and PM you with it. You must send it to them recorded delivery immediately and keep a copy.. DO NOT LET THEM IN YOUR HOUSE. thats the important thing. you do not legally have to pay the baliffs a penny and the council DO have to take any payments you want to pay them. The important thing is never to let them in. They cannot get the Police involved and you shouldn't either. As long as they have not been in and levied any of your possesions then you are ok. if you have a car/s park them away from your house Main thing is dont worry. (as long as you do not let them in.) will forward you the letter if i can find it Good Luck

Never think no news is good news... I have only been dealing with this for a week. We didnt "get" the council to take back the debt we just informed the baliffs and the council that, in no uncertain terms we would NOT be paying the balliffs a penny and would make any future payments directly to the council.. They will never admit to taking the debt back from them. but they also cannot refuse to take your payment. Apparantly, and we have yet to find this out. But once the baliffs get the message they will leave you alone and move on to the next poor soul who will collapse to their bullying. We hope this is the case.

I have just been in to the council to have apre arranged meeting with the recovery officer. He was out, believe it or not, spending a day with the baliffs !!!! I hope he had a nice lunch, at their expence, as he does seem to be in their pocket, and doing/condoning their dirty work. Anyway his co-worker tried to argue the charges which could be made for one visit, saying and I quote "The baliffs can charge pretty much whatever they want in this case because they intended to levy good on the first visit" I handed him a copy of the legislation and told him he really should know better as this is his job.

Don't you believe it.. The banks have been lending money they dont have, for centuries

Its a thought you dont hear in the media and its a simple one.. I have a friend who is high up in Lloyds TSB he says that even customers with good credit ratings are getting turned down for loans... WHY... the interest rate is too low and they dont make enough money Its a vicious circle at the moment, the banks are 100% to blame

PLEASE PLEASE PLEASE..... Listen and take this advice.. This has just this week saved us from Newlyns scumbags. We are now in the process of paying the council direct, we sent the letter to Newlyns to tell them we would not under any circumstances pay them a thing. we are also in the process of informing them of their overcharging. Read this forum carefully there is some great info on how much they can legally charge you.. Good luck and relax. We were in the same state as you just last Monday, now we can relax in our own home again.. We now have a motto.. "nobody ever knocks your door telling you you have won the lottery" I can see a new sig !!!

Its still simple... Whoever is advising you needs to concentrate on the handover, not the possibility of a "known fault" you have to persuede the judge to think how long are you actually responsible for the car once you legally do a handover. an hour, a day, a month, a minute ??? In my experience once you have signed for a car on handover you are legally resonsible. As an example I had a salesman once hand over a brand new Fiat Coupe. the driver signed for the car and then drove it straight over a post ( a stupid 18" high post the dealer principle has put in to mark out the official handover area") There was no way the new car owner could have seen this post. but I defended our dealership in court and we won as the judge deemed the handover form with date and time to a legally binding contract and the car was then the drivers full responsibility. I know its a different circumstance. but the same rules must apply here. It seems once the judge in the case of the BMW turbo problem had heard of a possible "known fault" he filled his stupid mind with getting you to prove it.. shame that the solicitor did not just concentrate on the legally binding handover form. the only way something like this would affect someone handing a car back if it was a clear case of wear and tear. like a dead clutch, bald tyres, brakes worn out. etc etc. a suddenly blown turbo can never be "wear and tear" I would be very interested in seeing this "handover form" if someone could post it here