Help please needed urgently

[mhnurse66]

Would it be the District or County Councillor that I email?

[mhnurse66]

Could someone help me draft an email to Rossendales please, I know what I want to say but I am struggling to put into words that sound reasonable?

[seanamarts]

write it in rough and one of use will rewrite it for you

[mhnurse66]

This is what I have so far.........one question though if it is invalid now, what should I expect to happen now?

 

 

Following a visit from one of your bailiffs, a Mr ******, I am writing to inform you that I have been advised that the WPO on our property is invalid, firstly because the first bailiff made a levy on our three piece and dining room furniture, if both of these were taken we would have nothing to sit on, and secondly because listed on the WPO was a laptop which is owned by my son in law and I have the receipt to prove that fact. I am attaching a copy of the receipt with this email. Therefore the items listed will now not cover the amount of the debt, which again I am also advised the WPO should cover the amount of the debt plus your extortionate fees. For todays visit we were charged £180.00, is this entirely correct as it seems very excessive?

Therefore I expect that this WPO to now be deemed invalid.

We also asked that we could pay £50.00 per fortnight originally but you stated that only £500.00 per month was acceptable, this amount leaves us with no money for food etc.

I look forward to hearing from you confirming that our offer to pay £50.00 has been accepted or that you will pass this account back to the council.

[RaeUK]

hi mhnurse66,

I would suggest it would be your local councillor who works for the council who dispatched the bailiffs. District, I believe, in your case.

I can't tell from your posts, but am presuming there is nothing regarding your circumstances that may assist? Benefits / illness / disability / pregnancy etc ?

Best wishes.

Rae.

 

[Fellow caggers, would I be stretching NSEA interpretation a little far if I were to suggest the household currently contains a single parent family...?]

Edited February 9, 2010 by RaeUK
type o

[wonkeydonkey]

hi mhnurse66,

I would suggest it would be your local councillor who works for the council who dispatched the bailiffs. District, I believe, in your case.

I can't tell from your posts, but am presuming there is nothing regarding your circumstances that may assist? Benefits / illness / disability / pregnancy etc ?

Best wishes.

Rae.

 

[Fellow caggers, would I be stretching NSEA interpretation a little far if I were to suggest the household currently contains a single parent family...?]

 

Rae I think that would be in line with the interpretation

Fight fire with fire and it will suffocate itself!!

wd

[mhnurse66]

Thank you Kelcou, email on its way first thing in the morning! I dont think I have anything that would assist, unless you can count 3 teenagers as a disability?

My husband is a self employed window cleaner, totally dependant on weather....that was fun in the snow a few weeks ago, when we were down to our last ten pounds! I am a student nurse until May when I qualify, I have already been offered a job to start in June, so no proper wages until July but then at least I can start to sort out the debts we have incurred whilst I have been training for the last 3 years. The NHS give us a bursary but that only just covers our rent with about £3 left out of it, we get family credit but most weeks struggle to pay everything. I wouldn't mind if i had lived a lavish life for the last few years but we don't go out and rarely buy anything We don't have credit cards or anything on credit, maybe I am going wrong somewhere?

[RaeUK]

Rae I think that would be in line with the interpretation

Fight fire with fire and it will suffocate itself!!

wd

 

lol, WD, it could do no harm to suggest...

 

Obviously, what was in my mind was the fact that mhnurse has her daughter and children [single parent family] currently staying at the address.

 

The National Standards for Enforcement Agents suggest:

 

Department for Constitutional Affairs - Enforcement - National Standards for Enforcement Agents

 

Those who might be considered vulnerable include the following:

the elderly;

people with a disability;

the seriously ill;

the recently bereaved;

single parent families;

pregnant women;

unemployed people; and,

those who have obvious difficulty in understanding, speaking or reading English.

 

Whilst perhaps a little tenuous, and the Standards are not law they are - however - the Standards that people should be working to. And they apply to the household.

 

 

Worth mentioning in correspondence...

 

 

Best wishes.

Rae.

Edited February 9, 2010 by RaeUK
type o

[ploddertom]

 

unless you can count 3 teenagers as a disability?

 

Liability

 

 

PT

[wonkeydonkey]

Rae if there is no male present (bread winner) then yes they are classed as single parent family and your advice is sound:)

 

wd

got my supper ready?

[RaeUK]

Cool. That'll be a luxury triple cheese and hand-reared pickle sarnie on the way...

Rae.

[mhnurse66]

Hi Guys

Just want to say a massive thank you for all your help and advice, I did everything you suggested and what do you know....it worked, although its not passed back to the council, the bailiffs have now agreed to our original request of paying £50.00 a fortnight which we offered last November! So all the stress they have put us through has been for nothing basically but once again Thank you so much.....I can sleep tonight now

[selinajayne]

they can take sofa and dinning table the national debt helpline can give you a list of everything. they are not allowed to take kids stuff or washing machine or cooker bedding or stuff used for a job but everything else is free for them to take

[hallowitch]

Hi Guys

Just want to say a massive thank you for all your help and advice, I did everything you suggested and what do you know....it worked, although its not passed back to the council, the bailiffs have now agreed to our original request of paying £50.00 a fortnight which we offered last November! So all the stress they have put us through has been for nothing basically but once again Thank you so much.....I can sleep tonight now

 

well done a good result a little knowledge goes a long way

Make sure you set up a standing order for payment (don't accept anything else) the reason being if you miss 1 payment or make a late payment it will start all over again also you will be charged a payment fee for paying it any other way

 

make sure you still question the WPO charges should be removed and any van /attendances charges if they have been added

[hallowitch]

they can take sofa and dinning table the national debt helpline can give you a list of everything. they are not allowed to take kids stuff or washing machine or cooker bedding or stuff used for a job but everything else is free for them to take

 

2) The following articles belonging to a debtor shall be exempt from distress if they are at the time of the distress in a dwellinghouse and are reasonably required for the use in the dwellinghouse of the person residing there or a member of the household-

a) beds or bedding;

b) household linen;

c) chairs or settees;

d) tables;

e) food;

f) lights or light fittings;

g) heating appliances;

h) curtains;

i) floor coverings;

j) furniture, equipment or utensils used for cooking storing or eating food;

k) refrigerators;

l) articles used for cleaning, mending, or pressing clothes;

m) articles used for cleaning the dwellinghouse;

n) furniture used for storing-

(i) clothing, bedding or household linen;

(ii) articles used for cleaning the dwellinghouse; or

(iii) utensils used for cooking or eating food;

 

o) articles used for safety in the dwellinghouse or of household articles

3) The Lord Chancellor may by regulations add to the list set out in subsection (2) above, or delete or vary any of the items contained in that list.

 

 

 

they must leave a chair for every member of the family to sit on

 

MRS AMBROSE v NOTTINHGAM CITY COUNCIL

 

District Judge Cooper agreed that the seizure was irregular as the bailiff had removed furniture that was necessary for “satisfying the basic domestic needs of Mrs Ambrose and her family” This was because, amongst other items removed, the bailiffs had removed 2 dining chairs. They left behind the table and the remaining two chairs. As the family consisted of Mrs & Mrs Ambrose and one child, the bailiffs should have left seating for 3 people, not two.

[RaeUK]

Well done mhnurse, good luck and best wishes.

Rae.

[seanamarts]

great news, i see more and more good news every week, does this mean that we are wining finally