Bailiff says only deal with me not the council i work for them - really?

[nigelmac]

I had a visit from the bailiff today, so I texted him back.

 

A bit of background

 

I have 3 liability orders against my property.

 

one in my gf's name

 

one in mine where they have rejected my benefit claim from way back when

 

one for last year / this year where I couldn't afford to pay - I am paying this one now, to the tune of £135 per month and once that is paid up (before April next year) this years will be satisfied.

 

I now have a job and am doing my best to pay it, but the three amount to over £400 when totalled up - with 3 kids in the house and a girlfriend that doesn't work I can never afford that.

 

Anyway, I texted the bailiff back (its Cardiff Council) and he said "I WORK FOR COUNCIL YOU NEED TO DEAL WITH ME DIRECT"

 

What should my next step be?

[dx100uk]

deal with the ouncil

pay them by internet banking.

 

never ever pay a bailiff anything

they'll just add phantom false fees

and little will get through to the council.

 

dx

[nigelmac]

Hi, thanks for that.

 

So should I reply to him, or just ignore him

 

I'm tempted to write back, "are you employed by the council or capita" looking at some of the posts here.

 

I guess I should just ignore and not antagonise in case he comes back when I am at work and her indoors or one of the kids opens the door and invites him in lol

[renegadeimp]

Has he been to your house yet, and have you let him in to perform a levy? If not, just ignore him. You'll owe him a small amount for a visit fee, and he will be forced to send the debt back to the court.

 

Don't open the door or any windows as they are allowed to gain peaceful access. This means they can climb in through a window, walk in through an unlocked door, or even put their foot in the door if you open it to them by accident and try and close it.

[nigelmac]

Has he been to your house yet, and have you let him in to perform a levy? If not, just ignore him. You'll owe him a small amount for a visit fee, and he will be forced to send the debt back to the court.

 

Don't open the door or any windows as they are allowed to gain peaceful access. This means they can climb in through a window, walk in through an unlocked door, or even put their foot in the door if you open it to them by accident and try and close it.

 

He HAS been in, he told me he worked for the Council (NOT A BAILIFF) and I let him in.

 

He then told me what he was and levied some goods - A washing machine, a TV and a Laptop (that is now dead anyway)

 

Help !!

[renegadeimp]

Ok. So you need to complain. He gained entry by false information. I think this makes the levy invalid. I'll flag your thread for more advice.

[dx100uk]

well i think he does 'work for the council'

 

they 'employ' them to collect their CTAX debts.

 

dx

[renegadeimp]

Technically maybe dx. But surely its misrepresentation.

[ploddertom]

You need to speak to someone at the Council and ask the following questions:

1 - how many Liability Orders they have against you

2 - the dates they were obtained

3 - the addresses they were for

4 - the period of time each covers

5 - how much each one was for

6 - how much is still outstanding

7 - the dates they were passed on for enforcement

8 - the dates & amounts of any payments

 

Can you list the items he has levied on exactly as described on the Notice of Seizure? Cardiff Council do indeed have their own Bailiff team but obviously they are being very economical with the truth for gaining entry.

[lookinforinfo]

I would say it is misrepresentation. The bailiff is not paid by the Council but earns money for his company by collecting outstanding fines.

Those fines needn't necessarily be owed to the Council. The proof is that he waited til he had gained admittance before saying he was a bailiff.

[nigelmac]

You need to speak to someone at the Council and ask the following questions:

1 - how many Liability Orders they have against you

2 - the dates they were obtained

3 - the addresses they were for

4 - the period of time each covers

5 - how much each one was for

6 - how much is still outstanding

7 - the dates they were passed on for enforcement

8 - the dates & amounts of any payments

 

Can you list the items he has levied on exactly as described on the Notice of Seizure? Cardiff Council do indeed have their own Bailiff team but obviously they are being very economical with the truth for gaining entry.

 

Hi, thanks Tom.

 

he put a washing machine, my TV (flatscreen) and a laptop. I said at the time that the laptop was one I used for work.

 

strangely, he wouldn't put the xbox down. I did question him as to WHY the washing machine was acceptable as I needed it to wash the kids clothes. He just shrugged his shoulders.

 

I WOULD NEVER have let him in if I had known he was a bailiff. I have just checked with the other half he definately said he "worked for the council"

[brassnecked]

Levy may well be invalid, as the washing machine may be exempt, the flatscreen TV? what size and type is it? as unless it is a top of the range 46" plus may well be worth peanuts as all TV's are flatscreen these days, and you can get a 32" entry level for £200 or so which equates to £25 ish at auction, laptop without hard drive, as it would have to be removed also, unless top of the range is not worth a lot.

Edited July 24, 2012 by brassnecked
context of TV

[nigelmac]

Levy may well be invalid, as the washing machine may be exempt, the flatscreen TV? what size and type is it? as unless it is a top of the range 46" plus may well be worth peanuts as all TV's are flatscreen and you can get a 32" entry level for £200 or so which equates to £25 ish at auction, laptop without hard drive, as it would have to be removed also, unless top of the range is not worth a lot.

 

its a 37", bout 3 years i've had it, but it came from ebay, cost £40 as it was broken and I fixed it.

 

Laptop was my old Dell, work have given me a new one, its got an asset tag with their name on it - so no danger there. Also work have given me an ipad and an iphone, again their property.

 

If he does come back and does come in, can he take other goods or only the stuff on the levy - its not apparent that the ipad is a work one, although the iphone is on the works contract so he could check with vodafone I guess

 

Only other thing is my car, although its in my mums name as we share it - we went half's on it, but she rarely drives it now as she has been ill (doesn't live with me - but I do go and pick her up and take her places when my dad can't)

 

He never even looked at the washing machine, he sat on his fat arse on my sofa and asked me what I had lol

[lookinforinfo]

Most councils would include a washing machine as an item that cannot be levied upon. And flat screen tvs if attached to the wall are normally exempt. Please call the

Council and ask if those items can be levied upon . Whichever way they say, ask for written confirmation. I should add that if any items are subject to HP, they cannot be levied

anyway. Though you will need to provide proof.

[lookinforinfo]

Sorry, Brassnecked your post wasn't on the thread when I started.

[i hate bailiffs]

If he does come back and does come in, can he take other goods or only the stuff on the levy - its not apparent that the ipad is a work one, although the iphone is on the works contract so he could check with vodafone I guess

 

don't let him in if he does by the sounds of things levy invalid especially the washing machine unless you happen to have two!!

 

keep property secure keep them out pay council direct

 

bailiff will talk dribble will get a locksmith get you arrested take your dog into care ect he cannot do any of that

 

although he has been in before and will threaten entry by force that will involve getting a warrant from the court something he does not have

[nigelmac]

If he does come back and does come in, can he take other goods or only the stuff on the levy - its not apparent that the ipad is a work one, although the iphone is on the works contract so he could check with vodafone I guess

 

don't let him in if he does by the sounds of things levy invalid especially the washing machine unless you happen to have two!!

 

keep property secure keep them out pay council direct

 

bailiff will talk dribble will get a locksmith get you arrested take your dog into care ect he cannot do any of that

 

although he has been in before and will threaten entry by force that will involve getting a warrant from the court something he does not have

 

Thanks to all of you for your help.

 

It has given me the confidence take this forward.

 

He definitely lied about being a bailiff when he first are in "said he 'worked' for the council"

 

His licence is up for renewal in September, can I do anything to make that difficult for him??

[i hate bailiffs]

you could contact the court that issued his certification

 

tomorrow email your local mp

 

as what we have is a bailiff with a levy on goods that at auction,after costs may generate a few pounds off the debt

he done that just to line his pockets

 

as you know know bailiffs lie don't believe him if he does come back (film him if you can and put him on youtube)

[brassnecked]

Sorry, Brassnecked your post wasn't on the thread when I started.

No problem best to cover the bases on current information

[ploddertom]

Going back to your original post - which account has he supposedly made his levy against?

 

He is not telling any porkies when he says he works for the Council - unfortunately unless you specifically ask he will not tell you which department he represents. Therefore he gained entry "under false pretences" but unfortunately this does not invalidate his levy. However given that a Bailiff has to be given permission to enter anyway he has done so "falsely", therefore one could revoke the permission or it may possibly be seen to be a trespass - Cundy v Bevington & Lindsay 1878. This sounds to me to be a trick he pulls on a regular basis and I would imagine the other 4 Bailiffs employed by the Council do similar, this in itself would not be sufficient to file a Form 4 Complaint but eeven so there is nothing preventing you writing to the County Court to advise of the tactics involved - copies of which should be forwarded to Council CEO, Head of Revenues, Leader of the Council and Councillors.

[lookinforinfo]

It seems that this ruse is well known-

The Money Advice Trust said a survey of its clients last year showed that some of the lines bailiffs used to try and gain entry included: "Please can I come in, I really need the toilet?", and "I'm here from the local council to carry out maintenance work".

[nigelmac]

Going back to your original post - which account has he supposedly made his levy against?

 

He is not telling any porkies when he says he works for the Council - unfortunately unless you specifically ask he will not tell you which department he represents. Therefore he gained entry "under false pretences" but unfortunately this does not invalidate his levy. However given that a Bailiff has to be given permission to enter anyway he has done so "falsely", therefore one could revoke the permission or it may possibly be seen to be a trespass - Cundy v Bevington & Lindsay 1878. This sounds to me to be a trick he pulls on a regular basis and I would imagine the other 4 Bailiffs employed by the Council do similar, this in itself would not be sufficient to file a Form 4 Complaint but eeven so there is nothing preventing you writing to the County Court to advise of the tactics involved - copies of which should be forwarded to Council CEO, Head of Revenues, Leader of the Council and Councillors.

 

 

The levy is last years council tax. He wanted £120 p/m off me, I paid direct to the council, then this years council tax was overdue (because I thought the £120 was going towards this years and SLOWLY paying off last years) it wasn't.

 

So then a couple of months ago, because he threatened with coming in a van I paid £240 - again direct to the council after some great advice on here. He wasn't happy about that lol - that was a really bad month in terms of basics though , now he wants £240 again, and £120 ongoing, the new one wants £135 p/m and the old one from way b ack when in my gf's name is £80.

 

There is no way I can afford all three, I can barely pay one of them to be honest.

[ploddertom]

You pay what you can afford and not what he demands, best paid direct to the Council and ignore him totally. You may have to allow extra for lawful fees. As far as your levy is concerned I would say it is not worth the paper it was written on.

1 - the washing machine - usually classed as an exempt item

2 - the TV - as an older model it is not worth much + he did not seize the RC + electrical items are hard to sell - see below

3 - old laptop - practically worthless

 

"All electrical goods sold at auction must comply with the Low Voltage Electrical Equipment (Safety) Regulations 1989, which specify the requirements for electrical equipment for domestic use (that is toasters, kettles and the like, but not office equipment such as fax machines and computers).

 

The safety regulations apply to new or second hand goods. You should make sure that all mechanical or electrical appliances that you seize are in working order and that your auctioneer is able to have any electrical equipment checked by a qualified electrical engineer before sale.

Televisions, DVDs, Hi-fis, VCRs and so on

 

If the equipment has a remote control you must ensure you list it separately on the inventory, otherwise you have not seized it and cannot subsequently remove it. Always list the manufacturer’s name, model, colour and serial number."

 

In my view the Bailiff has only made a levy to gain a financial advantage for himself & his employer - the Council. The levy should be challenged, the fees removed and all associated charges removed to be replaced by a Visit Fee if appropriate. It certainly begs the question should a FOI be made about how much the Council have made on Bailiff & associated fees.

[ploddertom]

From what I see of your Liability Orders, your gf is solely responsible for hers, you are solely responsible for yours and for the third it looks as if you both may be responsible

[nigelmac]

From what I see of your Liability Orders, your gf is solely responsible for hers, you are solely responsible for yours and for the third it looks as if you both may be responsible

 

Both are in both our names, and the first one I feel as I am with her is my debt too (maybe not in the eyes of the law, but you take a partner for good and bad in life lol) I am definitely going to take this further Tom, I am going to start paying the council the £135 per month via Internet banking and eventually it will all be paid off!!!