Marston Bailiffs removed car illegally, now they're pursuing me again even though they have my car!!! Help please!!!?

[unclebulgaria67]

When did the bailiff make the levy ? I don't think they can make the levy on a vehicle and take it away on the same day. They need to allow you time to arrange payment. If you are on benefits, you may be able to make some form of arrangement with the council concerned.

 

If you find a phone number for a local councillor, they may be willing to intervene on your behalf and put a hold on matters while this is sorted out.

[unclebulgaria67]

I have asked someone more informed to look at this, as the bailiff does appear to have acted wrongly and you could well have legitimate grounds for complaint with both the bailiff company and council.

 

Can you please provide a little more history about this council tax debt and can you obtain the information I requested in an earlier post. You need to start gathering information, if you want to take this matter forward.

[unclebulgaria67]

Anyone suggest the next step that the OP should follow ? Taking a car valued at least £1500 for a £217 council tax debt and dubious fees.

[unclebulgaria67]

A vehicle when sold at auction will typically sell for approx 25% of the average resale value

Even less if sold without keys logbook mot tax etc

Going off a previous post it was said about a work laptop so im assuming the op is either working or self employed, so i guess there isnt a vulnerbility issue

It doesnt get to the stage of removal without having the initial 1st and 2nd visits as well so there will be pre enforcement letters

 

I would not class this removal as excessive, unfair maybe and of course not nice for anybody to have to go through, but not excessive.

 

I think the only way to get the car back at this stage would be to pay marstons.

 

I think there is a case that the bailffs actions have led to excessive fees being charged. If the bailiff and council were made aware that nikkikitch did not have the means to pay the £217 but would do so a week later, then charging £700+ to collect the tax is excessive.

 

I am sure I have seen previous complaints where the bailiffs have been made to refund charges in these situations.

 

 

nikkikitch, I would suggest that you ask the bailiff for documentation to confirm all of their actions to date and what they are charging for. Armed with the information, I would suggest a complaint to the bailiff and also a formal complaint to the council.

[unclebulgaria67]

Can I suggest that you phone National Debtline to explain what has happened and ask what you can do to stop the car being sold, while you pursue a complaint with bailiff and council.

 

http://www.nationaldebtline.co.uk/

 

Apparently National Debtline can be very helpful in these situations and given the time constraints, you might wish to see if they can help you.

 

Please can you post back once you have done this.

 

Getting your local MP and councillors involved can also help, as I think what the bailiff has done here, is very dubious.

[unclebulgaria67]

I spoke to national debt line who advised me to complain to the CEO of the council, the police for their lack of protection and misconduct and also the bailiff company.

 

He said its one of the worst cases he's heard of and how ive been treated is completely inappropriate and illegal, especially on the police womans part. She should have protected me when he made threats to forcefully take my phone off me and she shouldve also knows that he was wrong when he told me if i attempted to keep any items (including my housemates laptop) it would be classed as theft and she could arrest me. She said this was true!

 

The upshot is, my car probably will be sold as the process of complaining and hopefully getting some money back will be a long one. But i could actually claim the loss of my car back given the way ive been treated apparently.

 

The other thing is, the bailiff isnt certificated so had no right taking any of my goods in the first place!

 

How these cretins continue to operate above the law like this is unbelievable. Surely after so many complaints from people in similar situations something has to be done to regulate these people!?

 

Make a formal complaint to the Police at your nearest Police station. Ask to speak to an Inspector and advise them what National Debtline have told you. Report the car as being stolen, as the bailiff was not certified and therefore could not action any liability order obtained by the council from the Magistrates courts. Request that the Police insist on the bailiff returning the car to you.

 

I believe that a bailiff who is uncertified would be committing theft, if they took away goods from a debtor, as the bailiff would not have the authority of the Magistrates via a liability order.

 

Have a read of this link, which you will need to copy and paste into the address bar on your browser to access.

 

www.parliament.uk/briefing-papers/sn04103.pdf‎

[unclebulgaria67]

Do i actually have grounds to report him to the police? I'm just a little nervous given ive had both the council and police officer who attended tell me that these guys were completely within the law! :/

 

Just to double check, the guy who was in charge and ordered all of the actions that were taken AND signed the papers that were left with me, is not on the register however the bailiff company will not give me the full name of the other chap, only his surname. I've checked the register and there is someone with his surname on it that works for Marstons but not in the same area. It might not be him but either way this chap didnt sign any paperwork so i presume my case is against the guy that did and who is not certificated?

 

As has been said you are entitled to be given the details of the certificated bailiff responsible who attended your property. If they don't supply this, then make a complaint to the Police and report the car as stolen. They cannot take property if they are not certificated, as to do so would be theft.

 

Don't be fooled by what you were told. Police officers have little knowledge of bailiffs and they would not have checked whether they were certificated by a magistrates court.

 

If I put this politely. You have been given advice by National Debtline and on CAG. It is entirely up to you whether you follow any advice but if you choose not to do so, you will have to accept the consequences of not following this up. What happened with the bailiff visit as you explained it was not acceptable and if you don't do anything you will be letting them get away with it.

[unclebulgaria67]

They have to be individually certified to actually perform any levy. From what I gather, they sometimes send one person who is not certified, with another who should be.

 

Have you not made a compliant to the Police yet ? Taking a car without being a certified bailiff is actually theft.

[unclebulgaria67]

Thanks.

 

I offered three times whilst the bailiff was on my property to pay what was owed and the council would not accept it. And to be pursued again for the same bill is just outrageous! I appreciate a car might fetch a lot less at auction but it would still fetch enough to cover the council tax bill, the LEGAL bailiffs costs and then some!

 

You could probably make an application to a court to get an injunction to stop the sale of the car, but I am not sure of the process for this and cost.

[unclebulgaria67]

Hi

 

When they seized the car, I was told it would be sold in 7 days so they cannot possibly be able to charge me storage can they? The whole point in removing the car was to sell it cover the arrears.

 

At all stages of my complaint I have asked for clarification of the whereabouts of my car. In the last correspondence from Marstons, they said it was going to be sold the next week, that was a few months ago. I asked for clarification of this from the council in my stage 3 letter but they did not confirm it in their response. I have gone back to them and asked AGAIN for clarification and also an up to date breakdown of the charges applied to my account.

 

Just to add, this is a joint council tax account for a house I used to share. The latest letter is the only letter with both of our names on and was sent to my address. My old housemate has given Marstons her address now. But obviously we do not want to have to pay when they have my car.

 

The whole thing is farcical, any help appreciated.

 

Thanks

 

I really think that you need to see if the LGO will take this complaint over now, as from what you are saying the council have given up responding to you in any meaningful way.

 

http://www.lgo.org.uk/contactus/

 

This is the only way I can see you getting anywhere, unless you have money available to get a Solicitor who deals with such matters.

[unclebulgaria67]

Hi

 

Yes I've already put my complaint in with the LGO. I hope i can get somewhere with it!

I'm also considering complaining to my local MP!

 

Don't just consider it. Do it. Most MP's have email addresses noted on their websites.