Police let bailiff into my property ***WON - bailiffs certificate removed ***

[Vicki202]

well im just gald ive manacged to establish the account number for this yr so come pay day will be paying a good chunk of it online off rossendales will be pleased lol

[casbah]

Hi

I never said they could ask how someone can afford XYZ I merely highlighted that if they form the impression that someone has the simpliest of social lives they will go in guns blazing.......... I wasn't condemning Vicki for riding etc I was just trying to advise her to be very careful.

Now with regards to your point on the levy, you are so wrong, I have never had any of my property lrvied upon, never met the bailiff, never had a form 7 nor form 12 but still I have been charged these fees, my local council have said he is entitled to these fees and a Judge will not revoke his certificate, even though I requested copies of these so called levies etc. I agree to supporting people on here 1000% but someone has to keep grounded

[seanamarts]

Hi

I never said they could ask how someone can afford XYZ I merely highlighted that if they form the impression that someone has the simpliest of social lives they will go in guns blazing.......... I wasn't condemning Vicki for riding etc I was just trying to advise her to be very careful.

Now with regards to your point on the levy, you are so wrong, I have never had any of my property lrvied upon, never met the bailiff, never had a form 7 nor form 12 but still I have been charged these fees, my local council have said he is entitled to these fees and a Judge will not revoke his certificate, even though I requested copies of these so called levies etc. I agree to supporting people on here 1000% but someone has to keep grounded

Your council are wrong and I hope you have complained about it

[casbah]

I, too, believe my council is wrong but as I have gone as far as the executive and he has said they are within their rights and gone down the form 4 route ( and 'lost') I know the next step is Local Ombudsman, but I can't help but wonder if its the old boys club and I'm just setting myself up for a fall, and I didn't want Vicki to experience that

[ploddertom]

Casbah

 

If I may offer a little suggestion to you - why not start your own thread with all the wrongdoings you have come across. If you have been talking to your Council they obviously speak Bailiff at lower levels. If you have been overcharged you have 6 years in which to claim any unlawful fees back. You can do this by asking for a breakdown of the fees charged but I would say in your case a SAR is a better bet - costs £10 but well worth it. Give it some serious thought.

 

PT

[casbah]

Hi Plod

I went this route, thats how I know about ficticious levy fees, and I know I cannot let this lie but its just getting the nerve up again.

After speaking to the MOJ and the clerk at the court I was so confident that the form 4 would work, and then to have it knocked back made me think " whats the point? they are all in it together" thats why I suggested that people club together and tackle the various bailiff companies en masse, adding weight to each others claims.

Cas

[ploddertom]

Hi Plod

I went this route, thats how I know about ficticious levy fees, and I know I cannot let this lie but its just getting the nerve up again.

After speaking to the MOJ and the clerk at the court I was so confident that the form 4 would work, and then to have it knocked back made me think " whats the point? they are all in it together" thats why I suggested that people club together and tackle the various bailiff companies en masse, adding weight to each others claims.

Cas

 

I believe the Form 4 route is fraught with difficulties, after all does the Judge want to accept he made a mistake in the first place when he awarded a Certificate to a bailiff. Also and I don't mean to upset anyone is that a lot of some the complaints that involve a Form 4 on here are incorrect. It has to be the only industry where fraud can be committed blatantly but when found out you have to give them the chance to put it right. I agree the system stinks.

 

Far better build your case then if they refuse hit them with an N1 instead. Much more effective & if you win & it's over £600 then give it to an HCEO.

 

PT

[casbah]

Morning Plod,

Whats an N1?

Its very early on a sunday morning and my brain is still in bed, so can't think straight

[ploddertom]

Morning Plod,

Whats an N1?

Its very early on a sunday morning and my brain is still in bed, so can't think straight

 

An N1 is the claim form from HMCS for starting proceedings in the County Court. Any costs incurred are added to the bill the Defendant receives if you win. For Council Tax you name the Bailiffs & Council as Co- Defendants, Bailiffs can't afford a CCJ as it interferes with their ConsumerCredit Licence. Most pay up before you get to Court including costs.

 

PT

[Vicki202]

thats handy to no

[casbah]

Afternoon Peeps,

I agree Vicki, that is interesting to know, as the council uses the magistate courts to obtain an LO, that still leaves the door open to go back to the Magistrates and say they have made "constructive enforcement" fees which is a big NO NO

[Vicki202]

very true to me tho the council should not be letting it get to this stage even they should take word of those they are supposed to be respoable for ( the people who pay there wages ) which is the public that live in the council districts / borough's

[casbah]

Actually I've just re read some of the posts, and the SAR shouldn't they have given me ALL the information they hold about me? If this is the case and they are supposed to issue a Memo 7 or 12 shouldn't I have received copies under the SAR?

Cas

[hallowitch]

Actually I've just re read some of the posts, and the SAR shouldn't they have given me ALL the information they hold about me? If this is the case and they are supposed to issue a Memo 7 or 12 shouldn't I have received copies under the SAR?

Cas

 

 

if you mean a form 7 Notice of seizure and inventory yes they should have

[casbah]

if you mean a form 7 Notice of seizure and inventory yes they should have

 

well as they have charged me for a "levy" fee and an enforcement fee then shouldn't they have left a form 7 'notice of seizure' that was signed by me?

cas

[ploddertom]

well as they have charged me for a "levy" fee and an enforcement fee then shouldn't they have left a form 7 'notice of seizure' that was signed by me?

cas

 

No - if you do sign it then they are then entitled to charge a Walking Possession fee - but not having it signed does not invalidate the levy. Still say start your own thread and you'll receive advice on whether to challenge fees already made. At present we are wandering away from OP matters even if closely related.

 

PT

[hallowitch]

well as they have charged me for a "levy" fee and an enforcement fee then shouldn't they have left a form 7 'notice of seizure' that was signed by me?

cas

 

please start your own thread or it will start to get confusing and its not Fair to the original poster to hijack her thread

The Council Tax (Administration and Enforcement) Regulations 1992

 

(5) The person levying distress on behalf of an authority shall carry with him the written authorisation of the authority, which he shall show to the debtor if so requested; and he shall hand to the debtor or leave at the premises where the distress is levied a copy of this regulation and Schedule 5 and a memorandum setting out the appropriate amount, and shall hand to the debtor a copy of any close or walking possession agreement entered into.

[dx100uk]

Afternoon Peeps,

I agree Vicki, that is interesting to know, as the council uses the magistate courts to obtain an LO, that still leaves the door open to go back to the Magistrates and say they have made "constructive enforcement" fees which is a big NO NO

 

council tax is county court, nothing to do with magistrates court its a civil matter not a criminal one.

 

you need to start your own thread.

 

hit the red warning triangle and get the site team to move your msgs and replies to a new thread.

 

dx

[casbah]

I was not hijacking Vicki's thread I was just wising her up as to what can and does happen

Edited July 5, 2010 by casbah
spelling

[Vicki202]

starting to feel like its just a waiting game now

[Vicki202]

Guys do you think it would be worth me making a payment offer to the council via recorded delivery ?

[dx100uk]

if you want to do anything

do it via internet banking

then write and tell them what you are doing...

don't ASK them, tell them.

 

if you've been paying nowt of recent, you really should pay 'something' on a regular basis to show goodwill.

 

if you do it by internet banking , they cannot refuse it !!!

 

dx

[Vicki202]

ok well ive managed to establish the account number for the liability order its took some doin tho so i can just use that online and it goes direct to them ?

[littlemonstersmum]

I think that if you are paying the council direct you need to find a bill and their bank details for online payments should be on the back.

 

You do need to make sure it is allocated to the old debt and not the current year.

[Vicki202]

i confirmed with them it was the ref/account number for the 2004 debt asked twice so finger corssed if i pay something and tell them least it shows im trying