Bailiffs and stuff understandably get passions raised. Blkuk1 has a point though - as the law stands - much as some people (me included) may regret it - public bodies mainly magistrates and local authorities can and do use bailiffs to collect unpaid fines and taxes. Until the law is changed there will always be bailiffs out there doing the work and it is better that it is the more reputable people that are doing it - can't say whether Blkuk1 is one of those. however this site should be about open views and personally I find it helpful to get the views of bailiffs and debt collectors - sometimes to challenge and also to acknowledge another viewpoint - mods no censorship please. (apart from the pbvious abuse stuff etc etc).

ps second line - my gripe not my grip - it is my grip that I am losing trying to sort the damn mess out!

Okonski I never said it was 02's fault - but nor is it mine - the problem is having two companies involved here - the payment is to 02 and my grip is with Phones 4U - and the relevant act is not the sale of goods act but the supply of goods and services act - because the handset came with the contract. I have tried to mitigate my losses - I have borrowed a handset and sent the phone off for repair - tho a replacement in the meantime would have been reasonable (Vodafone provide this - Julie I agree I rue the day I changed providers). The phone has come back and it still doesn't work. P4U say they will have to send it off another two times before they will replace it - why three times? Why? Either it is repairable or it isn't. I have found out that I am entitled to compensation from P4U for the contract costs whilst the phone is out of action - no-one at P4u or 02 advised me of this until I asked them when P4u agreed they did have to do this - BUT - they deduct ten days per repair from the compensation. So if it does get sent off three times that's thirty days I won't be recompensed for - and no doubt no recompense for the phonecalls (o870 of course) or the time taken from work to visit the shop with the said duff handset. How on earth do mobile phone companies get away with this? Does anyone know whether Oftel deal with mobile phone companies?

Has anyone else had a bad experience with this bunch of cowboys? I signed a contract with them on 16.08.06 for a new phone. On 16.09.06 (no kidding!) it stopped working. I took the phone back on 18.09.06 and was told that as it waas outside their 28 day replacement policy (by a matter of hours by my reckoning) I would have to send the phone off for repair. So I asked if I could have a replacement handset whilst mine was being repaired - no joy. Ok so I decided to claim on my (expensive) insurance Phones4U had sold me - no - as it was a phone fault they wouldn't pay. The operator I spoke to (not helpfully under the circumstances) explained that had I lost it they would have paid but as it was not my fault, they would not replace the handset (at this point I realised the idiocy of being honest - had I pretended the phone had been lost, stolen or dropped in a vat of hot oil I would have been fine!) Anyway, too late, I had explained that the phone was defective and I knew not why. So now I am told I have to keep paying 02 for the contract phone I do not have and wait to see whether the phone can be repaired. What can I do?

So as I read this case - if there is imminent danger of a breach of the peace - the police officer is justified in arresting the bailiff not the debtor - because it is the bailiff who is acting provocatively? This is interesting as bailiffs frequently involve or threatens to involve the police on the grounds that they fear an imminent breach of the peace - but the intention (of the bailfiff) is obviously that it is the debtor who will be charged. Have I understood this correctly?

Zooman - interested in what you say about costs - in our local authority - if the bailiff does not collect then only the original amount of outstanding council tax is returned and the costs remain uncollected. In theory I suppose the bailiffs could try and chase them but the council would never try and recoup bailiff costs on their behalf. Is that unusual? I assumed all council's operated that way.

And just to be clear - if they do send someone round - they are more likely to be a debt collector than a bailiff - as a private bailiff cannot call for a credit debt like this one - unless there is a CCJ and if so itwould be a court bailiff - all you need to do is make it clear it has nothing to do with you.

No they can't pick pocket you - although having watched the Whistleblower programme on bailiffs this week - they seem to get away with all sorts of things they can't legally do - and if it is your word against theirs it seems they get away with it with impunity. Outrageous.

Reckon you might be able to challenge that one maybelline!

Agree with Elsinore - no levy - no more than £39 charges. Doesn't sound like the levied the car.

Rambo I totally agree - they take the **** all the time and seemingly with impunity - it makes me mad! Hadyn I would love to know what you sued Ross and Roberts for and what the outcome was. Maybe more of us should try it.

That does cloud the issue a little - did they remove your car? What happened to the keys? Basically I think they can sieze a vehicle if they have reason to believe it is yours (and the bill is in your name) but if they want to have the right to come back another time to remove goods then you have to sign a walking possession agreement.

oops sorry, that was meant to be http://www.national debtline.co.uk, thats the trouble with cut and paste. Tho you could phone them as well for confirmation.

No, it is not legal to charge a van fee for collection of council tax if the bailiff has not taken a levy. The fees for council tax are regulated by statute - if no levy has been taken then they are allowed to charge £22.50 for the first letter or visit and £16.50 for the second. That is it unless they obtain walking possession - if you would like a summary of what they can charge go to national debtline's web site: National Debtline, for FREE CONFIDENTIAL and INDEPENDENT ADVICE call 0808 808 4000, and go to factsheets, then bailiffs and council tax, where the regulations have been reproduced. They do this all the time - don't let them get away with it. If they refuse to refund you, national debtline's factsheet tells you how and where to complain.

I think this has come up elsewhere on this site - I suggest you read the whole of the Phillips Bailiffs thread - if the bailiff has not obtained a levy then they can charge £22.50 for the first letter/visit and £16.50 for a subsequent letter/visit. If collecting for council tax then that is all they can charge unless there has been a levy taken after which it becomes much more nebulous as you are then in the realms of "reasonable charges"