nikkikitch
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Everything posted by nikkikitch
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Like i said, he handed me a letter when he attended in the morning which was a notice of distress, but didnt mention the car, just that they would be attending to seize goods and he hasnt left that with me anyway!
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it doesnt say form 7 either. Literally says Goods Inventory with the account reference number, debtors name, date, details of the car and any damage, then it says received by auctioneer, date and signed by the removal chap then signed by the bailiff. Thats it!
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Nope, the goods inventory only. Signed by himself and the removal firm.
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Oh i absolutely will be following this up dont worry! i just want to get my facts straight before i go to the police and write a formal complaint to the council. In answer to the other questions, no i have had no letter of intention to seize my vehicle. The bailiff told me he hand delivered a letter but did not mention seizure of the car in it ''because he didnt have to''. The only paperwork i have been left with is the goods inventory for my car, signed by him. He very cleverly took the only other document which was a notice of distress with the original amount on of £217, plus charges for two visits and a van. I didnt sign it obviously but he's taken it with him.
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Do i actually have grounds to report him to the police? I'm just a little nervous given ive had both the council and police officer who attended tell me that these guys were completely within the law! :/ Just to double check, the guy who was in charge and ordered all of the actions that were taken AND signed the papers that were left with me, is not on the register however the bailiff company will not give me the full name of the other chap, only his surname. I've checked the register and there is someone with his surname on it that works for Marstons but not in the same area. It might not be him but either way this chap didnt sign any paperwork so i presume my case is against the guy that did and who is not certificated?
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I spoke to national debt line who advised me to complain to the CEO of the council, the police for their lack of protection and misconduct and also the bailiff company. He said its one of the worst cases he's heard of and how ive been treated is completely inappropriate and illegal, especially on the police womans part. She should have protected me when he made threats to forcefully take my phone off me and she shouldve also knows that he was wrong when he told me if i attempted to keep any items (including my housemates laptop) it would be classed as theft and she could arrest me. She said this was true! The upshot is, my car probably will be sold as the process of complaining and hopefully getting some money back will be a long one. But i could actually claim the loss of my car back given the way ive been treated apparently. The other thing is, the bailiff isnt certificated so had no right taking any of my goods in the first place! How these cretins continue to operate above the law like this is unbelievable. Surely after so many complaints from people in similar situations something has to be done to regulate these people!?
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Thank you, I'll try them and report back.
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Also, he told me that he had posted a hand delivered letter but did not inform me that they intended to take the car. He said they didnt have to! Surely they cant take a car without warning?
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hi there thanks for your responses. Just to clarify, yes i am self employed and use the car for work. I have checked the register of certificated bailiffs and the chap who took the car is not on it! Apparently for council tax arrears, you have you be certificated? I will write to the council and complain, in the meantime is there anything i can do as my car will be sold in 6 days apparently and i cannot afford £700 right now. It might be worth less without mot and tax, but its certainly worth a lot more than £217! He had it valued whilst he was there and the lowest end was £1300! They surely cant be allowed to get away with selling it? He took the logbook and keys with it.... Thanks
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Sorry, just realised its not clear i have answered your questions within your question!
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- No Just to add, my car is currently offf the road with no tax or MOT as it needs some repairs which i havent had the money to complete. The bailiff argued well in that case, i couldnt need it for work or to drive my son!
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Just to add, i asked to see a copy of the liability and court order and he said he didnt have it but the council would have copies. At no point have i received any notification that they would attempt to take my car. He said he didnt have to notify me of that. He said he hand delivered a letter though but he said it didnt say they would be removing the car!
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So the situation escalated. He very sneakily brought a female police officer to the door and because at no point up until then had he tried to come in, i stupidly opened the door and of course he barged in! He then told me my car still had finance on it so he couldnt take it, which it hasnt so i had to then confirm that it hasnt, the finance company faxed confirmation to his office. He then said the car would be sufficient. Then he asked me to sign the forms and i refused so he gathered all of my goods, my work laptop and my sons laptop, tv, hoover, my sons x box ,books, games, my mobile phone which i use for work, etc etc and said he would take the whole lot AND my car. He then put all of my belongings on the drive whilst he waited for a removal van. This has taken 5 hours! And hes charging me waiting time. THEN he decides he's only going to take my vehicle after being on my property for 5 hours. I dont think he could get a removal van for another good while and couldn't be bothered waiting. So ive suffered through the upset and embarrassment of having all my possessions removed and left on the drive all morning for no reason and they kindly let me take them all back in to the house too! He told me the reason for his sudden decision was that he'd spoken to the director of the council who had told him the car was enough. Funny that given we'd both spoken to the council about an hour before and they told me he was perfectly legal in doing what he was doing. So now i need to get my car back but with all the charges, van, removal and storage, the final bill would be around £700 which i just havent got! He also kept saying i wasnt willing to pay, which i was, i offered to pay next week and of course he wouldnt accept that. I also offered to pay the council, but they said i have to deal with him directly. How can our local governments expect people to get out of hardship by applying these ridiculous tactics to recover council tax!? Its disgusting!
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Hi i had Marstons banging on the door this morning at 8.30am saying they were removing my car. They put a clamp on it and said a removal van would be there in half an hour. They then left and came back 30 minutes later. Its for an old council tax bill of £217 for which they want to remove my vehicle which is worth around £2,500 retail or £1500 trade, is this not classed as excess!? He's been sat outside for two hours now and has told me he will charge me £60 per hour to wait for the tow truck. I haven't signed anything so from what i can gather, he cant charge me anything other than the legal bailiff fees? I cant afford to pay now, i have no money coming in unfortunately and am in receipt of housing and council tax benefit. My only other income right now is working tax and child credits. I have of course offered to make a payment arrangement which he of course rejected! I have phoned the council but they have refused to do anything and said i have to deal with the bailiff. On the removal letter it says they'll also charge me £15 per day for storage. This is insane for a £217 bill! Any help appreciated?
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Thank you, that's really helpful.
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....and also, if the court does set it aside and we go back to court, if the court then decides i do owe the full amount, would i still get a ccj or just ordered to pay the money?
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I didnt actually receive the client care letter though? He said he sent it on email but i didnt get it and he didnt push me to read and sign anything. So what would be a better defense do you think? Can i just be clear, im happy to pay what i owe, i just dont want a ccj obviously!
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Ok ive actually had further conversation with him and he said actually his final bill was £1,500, my employer have paid £500 so the remainder plus court costs etc is £1,385. I have argued with him for over a year now. I do not agree with his fees. He quoted me between £750-£1000 maximum. He says he sent me a client care letter on email that stated that it could possibly go up. At no point have i signed anything or had any written communication from him and have always been under the impression it would be £1,000. Do you think a court will consider a set aside based on 1) me not receiving the papers. Granted, i didnt inform him of my move, because all of our communication had been on email up until that point so i didnt see a need. 2) Im disputing the amount. If the court does set it aside, it starts again doesnt it, in that he has to put another claim in and i have to defend it? If that happens, i presume either the court will say i do owe the full amount, in which case if i agree to pay, i shouldnt get a ccj right? OR, the judge decides that im right and that i dont owe the full amount and i presume i just pay the remainder of the bill according to what i think it should be?
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Hi Just to add to this. I have spoken with the solicitor who has confirmed that he has in fact received half of the final amount from my employer, so therefore i should only actually owe him £500. But he is still pursuing me for £1,385! How can he do this!? I have his final invoice and emails stating his final bill was £1,000 + VAT, therefore i should be able to challenge the CCJ amount shouldnt i? Thanks
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And can i just add, the solicitor never actually had an address for me. He was based in London and myself in Manchester and all of our communication was by email.
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Hi If the solicitor agrees to set aside, would we still have to go to court for a hearing? Thanks
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Hi I've just checked my credit file after being declined for credit and there's a CCJ on there from February. The CCJ was served on an old address so I never received it. I can of course prove this with tenancy agreements. The CCJ is for a solicitors bill from last year from a case against my employer at the time. My employer agreed to pay £500 of this bill and I would pay the rest. It seems my employer has not paid their share and the solicitor is coming after me for it. Originally the solicitor quoted me between £750-£1000 for the level of work that was required for the case. His bill is now £1300! I was not happy with the level of service I received which I put in writing at the time but said I was happy to pay £250 on top of the £500 from my employer. I then heard nothing until this CCJ! It's taken them a year to get back to me and do anything about it and now I have to pay £80 for the pleasure of having a CCJ removed that shouldn't be there, that cant be right surely!? Thanks
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Thats very odd. My question was in paragraphs to begin with but on a different PC it is in fact squashed! Sorry guys! I cant seem to find an edit button to space it out more..... Does anyone have any ideas about the above? x
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it is in paragraphs. But thanks for your helpful reply.
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