bailiff levying outside property

[piggyjig]

Hi I had Equita bailiff visit and he left a letter of his intention to seize my goods.Having read up quite a lot on what he can do etc,im still at a loss to several things.

There is an old caravan in my garden which has not been moved in about 8 years or more,it is virtually derelict and am sure the wheels will be seized up.If bailiff levys this does he then have right to enter my property as i dont want to let him in.

I owe £1375 for this years council tax.I work 23hrs per week and my husband has lost his job and started claiming job seekers allowance including council tax benifit.

I have contacted the council and explained all this but they say i have to deal with bailiff.

Would contacting magistrates court be of any use?

We also have an old car which is not at our property

Sorry for prattling on but really dont know what to do and my head is buzzing with worry.Any advise would be really helpful

Thanks

[brassnecked]

Hio piggyjig welcome to CAG.

 

the bailiff may indeed levy the caravan, but as it is of no value and would disintegrate when moved, the levy would be challengeable anyway. It would not give him automatic right to force entry even if he levied it. It may be better to keep the car away from your premises also. You do not have to let him in

 

You should claim council tax benefit as you may have an entitlement to even a partial amount.

 

pay an amount direct to the council at a rate you can afford, and email them stating this is what you have done and will be paying thhis in on the same day, preferably weekly as you do not trust the bailiff to deal fairly with you.

 

If you deny the bailiff a levy, he can only charge a First And Second visit fee totalling £42.50

 

The bailiff is from Equita, what council is this as some councils use Capita for back office provision, and capita own Equita, see where this is going?

 

Magistrates court will not help, as they rubber stamp thousands of LO's, which are a virtually automatic process.

 

Above all try mot to panic you are amongst friends here and Caggers will help you sort this

[piggyjig]

Hi brass this is with york city council.They say i cannot pay them direct anymore

[nohope]

Use there online payment system, they can't really stop you then.

[brassnecked]

Hi brass this is with york city council.They say i cannot pay them direct anymore

You should be able to using their online system, but print out the receipt. they cannot under the regulations refuse a tendered payment so get the drone at the counter to sign a refusal, and use it in a Formal Complaint later. Your low income and husband's JSA should put you into the vulnerable category also under the National Standards For Enforcement Agencies, but bailiffs and councils will try to ignore this:

 

Vulnerable situations

 

 Enforcement agents/agencies and creditors must recognise that

they each have a role in ensuring that the vulnerable and socially

excluded are protected and that the recovery process includes

procedures agreed between the agent/agency and creditor about

how such situations should be dealt with. The appropriate use of

discretion is essential in every case and no amount of guidance

could cover every situation, therefore the agent has a duty to

contact the creditor and report the circumstances in situations

where there is evidence of a potential cause for concern. If

necessary, the enforcement agent will advise the creditor if further

action is appropriate. The exercise of appropriate discretion is

needed, not only to protect the debtor, but also the enforcement

agent who should avoid taking action which could lead to

accusations of inappropriate behaviour.

 

 Enforcement agents must withdraw from domestic premises if the

only person present is, or appears to be, under the age of 18; they

can ask when the debtor will be home - if appropriate.

 

 Enforcement agents must withdraw without making enquiries if the

only persons present are children who appear to be under the age

of 12.

 

 Wherever possible, enforcement agents should have

arrangements in place for rapidly accessing translation services

when these are needed, and provide on request information in

large print or in Braille for debtors with impaired sight.

 

 Those who might be potentially vulnerable include:

 

 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.

 

 

Other Caggers will no doubt be along shortly

[piggyjig]

Thanks for your replies and support

[brassnecked]

Thanks for your replies and support

I'm sure others will be along soon also to help

[piggyjig]

So if the bailiff puts levy on caravan he still cannot enter my house.If i start paying council direct,what will the bailiff be doing?.Can he keep making visits and charge me extra fees etc.Would he try making a payment plan with me or try taking caravan away.Its really frustrating and annoying.Thanks

[brassnecked]

So if the bailiff puts levy on caravan he still cannot enter my house.If i start paying council direct,what will the bailiff be doing?.Can he keep making visits and charge me extra fees etc.Would he try making a payment plan with me or try taking caravan away.Its really frustrating and annoying.Thanks

 

If he did levy the old caravan, what is it worth? as at auction it would be as valuable as a doormat, so the levy would be challengeable as being merely to garner fees for the bailiff, and therefore faulty or invalid, he would need to seize £13,000 of goods to cover that debt, as distress sale goods usually only fetch 10% of value at auction. Without a VALID levy the most he can get is £42.50 for a first and second visit fee, no matter how many times he calls, and if he did levy the caravan, he cannot at that stage without express permission giving date and time attend, force entry to remove goods whatever he says or threatens.

 

His powers are limited and he relies on threats bullying and intimidation to get what he wants. keep the car away from your house also to stop him levying that.

 

If he turns up film him even with a mobile phone to capture any threats through he letterbox if you don't want to open the door.

[piggyjig]

Thanks brass i would be suprised if all our goods including car were worth more than 2,000 at the very most

[wonkeydonkey]

Hi...

BN has rightly told you the levy on the caravan can be challenged and that the levy does not give the bailiff the right to enter your home so keeping him out is what you need to concentrate on.

 

The figure you quote as being owed for this years CT suggests you have not paid any so far this year but when did you make your claim to CT benefit and has that been deducted from the overall demand?

 

You are going to have to contact the Council and with pen at the ready ask:

 

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

 

This will establish what is actually owed to the Council, next you will need a breakdown of the fees the bailiff has added to your account as you can bet your bottom dollar they are more than they should be.

To:

Acme Bailiff Co

Bailiff House

 

Ref: Account No: 123456

 

Dear Sir

 

With reference to the above account, Can you please provide me with a breakdown of the charges.

 

This includes:

a - the time & date of any Bailiff action that incurred a Fee.

b - the reason for the fee.

c - the name(s) of the Bailiff(s) that attended on each occasion a Fee was charged.

d - the name(s) of the Court(s) the Bailiff(s) was/were Certificated at.

e - the date of the Certification.

 

This is not a Subject Access Request under the Data Protection Act S7 1998 so does not incur a fee of £10. You are obliged to provide this information.

 

I require this information within 14 days.

 

Yours faithfully

 

Ripped off customer"

 

Meanwhile, I suggest you prepare yourself an income and expenditure sheet and when you reach a figure you can comfortably afford to pay on a regular basis then start to make your payment direct to the the Council ,send a copy of the I&E to the Council and tell them in a short letter this is your preferred method of payment as you find their appointed agent to be unreasonable and intimidating. Get a receipt for anything you send by post otherwise be prepared for them to say they 'never received it'

 

WD

[brassnecked]

There you go piggyjig, an action plan is forming and wonkeydonkey is on the case now also

[tomtubby]

What you need to remember is that the bailiff will almost certainly "levy" upon the caravan because, in doing so, he will then charge a "levy fee" and very likely an "attending to remove" fee to the account. Unfortunatly, from any money that you pay the bailiff, he is legally allowed to credit any payments towards BAILIFF FEES first.

 

Keeep this in mind.

[piggyjig]

Hi tom what happens if the only item he can levy is the old caravan and cannot levy £13000 worth of goods,which as ive said he carnt.Does it revert to the council ordo i end up paying two people,bailiff and council

[ploddertom]

A Bailiff when levying goods should use due diligence as to the value of those goods. He does not actually want to remove the goods but hopes that the threat of removal will be enough to make you pay or come to an arrangement. You say the caravan is not in good condition - would this be apparent to a complete stranger looking at it. Even if the Bailiff does make a levy on it there may be grounds to challenge its validity.

 

If you pay the Bailiff you will pay the debt outstanding + any charges they may demand. They are entitled as TT says to deduct their fees first. If you pay the Council direct you will pay the debt outstanding + you must budget extra for any lawful Bailiff fees.

[piggyjig]

many thanks to you all for responding.the caravan doesnt look too bad from the front and sides aside from front box all smashed.Its buried nearly to its axles where it has sunk over the years. the floor is propped up to stop it falling out,skylight leaks water,sink is smashed off.no lights work and only one socket works.2 windows are smahed and boarded ,taped up.I am convinced it would not be able to be towed or i would have moved it before now.

[brassnecked]

many thanks to you all for responding.the caravan doesnt look too bad from the front and sides aside from front box all smashed.Its buried nearly to its axles where it has sunk over the years. the floor is propped up to stop it falling out,skylight leaks water,sink is smashed off.no lights work and only one socket works.2 windows are smahed and boarded ,taped up.I am convinced it would not be able to be towed or i would have moved it before now.

In which case any levy could be challenged like the doormat case, as it would fall to pieces if the bailiff tried to tow or crane it out.