Advice please

[ploddertom]

enquiries@bristowsutor.co.uk

[Helpme11]

All done thankyou...will await reply now!..

[Helpme11]

Have recieved the paperwork from b and s

And they have put the actual balance as £4821.99

And not £6395! As written in a previous letter from council!

The following items are what is on the levy:

Dvd's approx 60(these are mostly kids belonging to my daughter). Lap top,up lamp (£4! From,

Argos!).sky box, hitachi tv, 2x2 seater sofas, sanyo microwave,toaster, and step ladder( belongs to my fil for his business) cant read last bit but think it says cooker??

Anyway the charges they have listed are:levy fee:£126.00

First visit;£24.50 walking possesion fee:£12.00,redemtion of goods:£24.50,C/tax and court costs £6659.49. So far we have paid at total of £2052.00 .

So firstly i understand the levy may not be valid?

What can i do about this and how?

2nd am i safe to just pay the council now? What i can afford?

I take it the bailiff can not force entry and i do not have to let him in regardless of wether he has gained peacefull entry before?

Thankyou so much for help!

[brassnecked]

The levy is invalid imho, as it contains children's property, and unless the Hitachi TV is a monster 60" plasma is woefully short of what he needs to levy, to cover a debt of 4k he would need to levy around £40k worth of goods. the head h redemption fee is likely invalid ans he has not actually taken the goods away, and you haven't discharged the total debt.

 

A Formal Complaint to CEO, Council leader, councillor and MP imho, you could threaten them with a Regulation 46 complaint in the magistrates court with themselves as defendant, you being aggrieved by the levy of their agent the bailiff for whom they are wholly liable.

 

others will no doubt be able to advise further or alternative actions.

[Helpme11]

Thankyou. Yes the tv is old style 32inch infact it wasnt even ours it was borrowed and we no longer have it!

I just need to know where to start now.

Im not disputing paying its just that i cant afford £200 a month anymore! Debating wether to pay £100 online direct to council. Whilst this is being sorted..

[brassnecked]

Thankyou. Yes the tv is old style 32inch infact it wasnt even ours it was borrowed and we no longer have it!

I just need to know where to start now.

Im not disputing paying its just that i cant afford £200 a month anymore! Debating wether to pay £100 online direct to council. Whilst this is being sorted..

 

It would do no harm, as it shows you are willing to pay, and would be another nail in the bailiffs coffin, you will have to allow for legitimate fees though, pay them what you know you can afford to pay regularly without fail until the debt is discharged.

[Helpme11]

What would the legitmate fees be?

Shall i just pay them online like usual but obviously less than normal?

[Helpme11]

Just seen the item i couldnt read was vac cleaner not cooker!

[ploddertom]

You will need to do more letter writing, just because 1 item on a levy is incorrect does not necessarily make the levy invalid as the rets of the items could be seized. Your levy does appear to cover goods belonging to a child which are exempt from seizure, if he has included a cooker then this is exempt also or the microwave - he can have one or the other but not both. The numbskull has levied on the TV but not the remote control - they are 2 different items. Following the seizure of 2 sofas would this leave enough seating in the home for each member of the household, do the sofas stillhave their safety labels on them.

 

It doesn't really leave much else and there appears to be goods which are owned by 3rd Party's. In my view you have a good argument to state the Bailiff has only made a levy in order to gain a financial advantage for himself & his Company. You can also argue the case that you are aggrieved by the levy and could file a Regulation 46 Complaint in the Magistrates Court where you would name the Council as Defendant.

 

PT

[Helpme11]

Thankyou i was under the impression that the whole levy becomes invalid so really he could break in to take the valid items only? There is only the 2 sofas but 2 adults and a child so we need both sofas as one is only a two seater the other one he levied got damaged and is so longer here we have replaced it with a 3 seater.. He also listed a coffee table and this is only table we have.

Also what about the value? The goods are nowhere near the value of the debt?

And lastly where do i start! im going to pay council £100 through website this week but bristow are expecting there usual payment of £200 by tmrw.. I just want to get out of this awful mess!

[ploddertom]

You must get out of the idea he can "break in". To gain entry again he needs to be either let in or would have to go back to Court for an Order allowing him to force entry - these are very rarely given.

 

About your seating - you say you had to dispose of 1 sofa because it was damaged, did you advise the Bailiff of this as it is not legally yours to dispose of - only a minor matter. Did you have any dining chairs also?

 

As for payment then I would actually pay as arranged tomorrow as it then gives you a whole month afterwards to formulate what to do in the future.

 

PT

[Helpme11]

Again the sofa was not ours anyway but he didnt even ask at the time.No dining chairs at the time he levied.

Also the microwave he levied blew up so he wasnt informed of this! I didnt realise i had to..Only after joining this site i have started to learn what they are entitled to!

Whe he came to do the levy i wouldnt let him in so he threatnd me with police and locksmiths etc i didnt know then so let him as i was scared!

When you say pay as usual do you mean to council or bailiffs? Its just that i cant afford the £200 this month only £100.

[ploddertom]

If you are going to default on payment then you may as well pay direct to the Council.

[Helpme11]

Thanks will do 1st thing! Im just very worried as to what the outcome will be They will prob clamp my car even though its under finance! ( its not as if they will ask if i own it etc 1st!). Should i wait for them to respond and them inform

Them i have paid the council?

[Helpme11]

Just tried paying council online but wont allow me!

Will they have to accept if i pay by phone?

Also should i ask them about the conflicting amount due?

Letter from council says total amount due;£6394.00 recieved 27th Jan and after asking for breakdown from bailiff the amount due is :£4257.00! Recieved today.

[ploddertom]

You should have the following information from your CT accounts:

1 - Property Ref No - never changes

2 - Account No - never changes

3 - Ref No - should change on a yearly basis as this should the details the Council need to allocate to the correct year owing.

You may need a combination of the above. Alternatively you can pay in cash at the Council, if refused then you require the name & position of the person refusing the payment as it will form the basis of a complaint of the Council refusing payment when tendered.

 

Difference in totals may be due to payments made? benefits granted?

 

PT

[Helpme11]

Ok I am paying the council today :0. Im so paranoid about bristow threatining me!

I know i have asked a million times but can he deffinatly NOT force entry? Even though he has gained peacefull entry previously and levied goods?

How can i tell him this? As no doubt he will tell me he is going force his way in and has the right!

Thankyou all so much for your help!

Wish i had discoverd this forum before !

[brassnecked]

Ok I am paying the council today :0. Im so paranoid about bristow threatining me!

I know i have asked a million times but can he deffinatly NOT force entry? Even though he has gained peacefull entry previously and levied goods?

How can i tell him this? As no doubt he will tell me he is going force his way in and has the right!

Thankyou all so much for your help!

Wish i had discoverd this forum before !

 

If he tried to force entry he would be committing the criminal offence of breaking and entering, he has not followed the correct procedure, to allow him to force his way in, and he knows this, he is relying on fear and intimidation to get his way

 

keep the door locked and film him even with a mobile phone to capture his threats.

 

Above all don;t worry Caggers are here to help and support you

[tomtubby]

Sorry to all of the regulars on here but I should have remembered the provision within the National Standards for Enforcment Agents relating to the levying upon goods where the goods are of limited value:

 

Under the heading of Goods: The NSEA states as follows;

 

“Enforcement agents should take all reasonable steps to satisfy themselves that the value of the goods impounded in satisfaction of the judgement is proportional to the value of the debt and charges owed.”

 

 

[hallowitch]

http://www.consumeractiongroup.co.uk/forum/showthread.php?203289

p5 Forcing re-entry

The law upon the rights of bailiffs to force re-entry to premises in order to remove

goods previously seized has recently been clarified. In Khazanchi v Faircharm

Investments; McLeod v Butterwick [1998] 2 All ER 901 the Court of Appeal held that

bailiffs may only force re-entry where they are being deliberately excluded from

premises. It will thus be necessary in most cases for the bailiff to notify the debtor in

advance of the date and time of the visit in order to remove. If the debtor is then

absent from home, or refuses entry, force may be employed.

[Helpme11]

Thanks everyone! Really appreciate your help!

I felt so stuck and stressed with this whole thing.

I have a 4 yr old daughter and we are struggling as it is.

I know it should of been paid in the first place and then i wouldnt be in this mess.

@ hallowitch. So they can write to inform me they are going re-force entry? i know this may not happen as most of the goods on levy are exempt and also not to the value of goods? Im just thinking ahead!

[wonkeydonkey]

If you read TT's post #44 and keep in mind any goods he has levied must cover the debt and fees you will quickly see that in your case, the goods levied do not do that!! You are not refusing to pay the debt simply repay at a realistic amount that is affordable to you, given the bailiff is trying to deny you the right to pay that way I wouldn't rate his chances above -zero to getting any Court in the land to agree a warrant that would allow him to force entry to your property to remove goods of little/ no value in order to sell them at auction to COVER THE DEBT AND RELATED COSTS.....stop worrying and just follow the advice the good folk of Cag have given you.

 

WD

[Helpme11]

Thankyou! . I will keep everyone on here updated as to what happens when they decide to get in contact or turn up!....

[Helpme11]

Got a letter from b and s today i asked for a breakdown when i made my first post ! Anyway it says:

Please note bailiffs cert lasts two years so therefore dates below are current dates:

17/08/10. 1st visit fee: 24.50

 

15/09/10. £126.00 levy fee

£12.00 walking possession fee

£24.50 redemption fee.

It also lists the bailiff name and current date of certification:

1st bailiff:12/10/10

2nd bailiff:19/09/11

 

And as for the 1st visit dont rmbr anything about it.

So is above correct?

Also is this all i owe the bailiff if i have started paying council direct?

Thankyou.

[Helpme11]

Should i just pay the above fees or wait for them to contact me?