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    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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bailiffs and sheriffs


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Recommended Posts

Chardonnay

 

Check out my thread http://www.consumeractiongroup.co.uk/forum/showthread.php?t=8732

 

and something else may be of use to you below, what have they charged you in fees, read below I wish I knew this when it happend to me:-

 

 

BAILIFFS CHARGES

You may be able to complain about bailiffs charges. The amounts they are allowed to charge for council tax and poll tax are set out in the schedule on page 5. The amounts they are allowed to charge for council tax are set out on the next page in the schedule. There are lower fees for poll tax collection. These are shown in italics. If you feel you have been charged too much you can complain in writing to the Council and the bailiffs. You may be able to ask the County Court to look at the charges for you see below. Phone us for advice.

 

You can find out what is ‘reasonable’ by making enquiries on a local basis. For example, if you have been charged £80 for attendance with a van, and local enquires indicate you could hire a van for a morning for £40 this is clearly unreasonable, especially as it is likely that bailiffs will be visiting several properties at once, and many companies own their own vans.

 

In the first instance, complain to the bailiffs themselves. You can tell them you know their charges are excessive and that you will be taking further action if the charges are not reduced to the levels shown in the schedule.

 

* You can then complain to the council as the bailiffs are acting as agents of the Council. There have been recent cases that have been taken back in front of the Magistrates Court over these issues, with the result that the councils have been forbidden to take any further recovery action, or in other words, the debt has been written off. So it IS worth complaining.

 

* You can apply to the County Court for the costs to be checked. This is called "Taxation". The court can look at a complaint within 12 months. They will decide if the charges are excessive or not. There is a fee to pay to the court for this application. If the court decides not reduce the bill at least 20% you can be liable for the bailiffs firm’s court costs. You need legal advice first.

 

USEFUL LINKS

The Secretary

Association of Civil Enforcement Agencies

Kensington House

33 Imperial Square

Cheltenam

Glos

Tel: 01242 241456

Website: www.acea.org.uk

 

The Secretary

Enforcement Services Association (ENSAS)

(formally The Certificated Bailiffs Association) Ridgefield House

14 John Dalton Street Manchester M2 6JR Tel: 0161 839 7225

Website: www.bailiffs.org.uk

 

 

Local Government Ombudsman (England)

Millbank Tower

Milbank

London SW1P 4QP

Advice Line: 0845 602 1983

Monday to Friday 9.00 am – 4.30 pm. Website: www.lgo.org.uk

 

Chris

Chrismc v Vertex Data Science Ltd

SD Set Aside WON + Costs

 

 

Chrismc v Barclays

Won - Settlement Agreed at 11th Hour.

 

Philips Bailiffs

Lost - Judge changed at last minute, it didn't help!

 

G-MAC Early Redemption Charges Waived

Won - Early Redemtion Fees Waived in Full.

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Thanks Chris

 

I think the first thing I will do is send a DPA request to them.

 

They haven't replied to a previous complaint so not sure what chance there is!

 

I have also drafted a letter to my local councillor - whom I copied in on my letter to the bailiffs. unfortuantely I didn't get round to posting it but i sure will now.

 

It just makes me so angry - ok we got into debt - we have our reasons (mainly due to excessive bank charges - which I am also taking action on by the way!) and to almost double the debt is just outrageous.

 

Start fighting back Chardonnay, not easy at the time, but now you know your rights hopefully it will be easier to stand up to them. It is a bit of an uknown quantity getting fes back, but I have nothing to loose so may aswell give it a go! :mad:

Chrismc v Vertex Data Science Ltd

SD Set Aside WON + Costs

 

 

Chrismc v Barclays

Won - Settlement Agreed at 11th Hour.

 

Philips Bailiffs

Lost - Judge changed at last minute, it didn't help!

 

G-MAC Early Redemption Charges Waived

Won - Early Redemtion Fees Waived in Full.

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Share on other sites

Thanks guys we are all in the same boat here so it is great we can all help each other!! 'All for one a one for all' as someone used to say ;)

Chrismc v Vertex Data Science Ltd

SD Set Aside WON + Costs

 

 

Chrismc v Barclays

Won - Settlement Agreed at 11th Hour.

 

Philips Bailiffs

Lost - Judge changed at last minute, it didn't help!

 

G-MAC Early Redemption Charges Waived

Won - Early Redemtion Fees Waived in Full.

Link to post
Share on other sites

 

U will prob see it when u go there !!

 

 

;)

 

Do you mean the Nostra thread?? I didn't see anything else! but I was watching your sparring session with OGL :)

Chrismc v Vertex Data Science Ltd

SD Set Aside WON + Costs

 

 

Chrismc v Barclays

Won - Settlement Agreed at 11th Hour.

 

Philips Bailiffs

Lost - Judge changed at last minute, it didn't help!

 

G-MAC Early Redemption Charges Waived

Won - Early Redemtion Fees Waived in Full.

Link to post
Share on other sites

Well your idea of a first visit and theirs will be rather different. Bailiff fees for Council Tax and Parking penalties aren't very high - for a letter, they can only charge £11.20 plus VAT. For visits over £100, they can charge 28% of the amount owed - that's a rough guide.

 

If they played by the book, they wouldn't make much profit really because the forgetful/worried people will most likely divvi up the money from somewhere to pay them off after the first letter. That just leaves the can't pays and an odd few won't pays who they aren't likely to get a bean out of anyway.

 

So what they do is lie. They say they have sent letters when they haven't. They say they have visited when they haven't. But they add on all those "phantom" fees to the costs and before you know it, you're owing them £250.00 - this is the first letter you'll get - sent second class post (for anyone claiming fees back KEEPTHE ENVELOPES) so it'll take the best part of a week to reach you. Then within a couple of days you'll get another letter hitting you for £500. The fees start rolling up nicely for them now.

 

Probably for years they have got away with it without challenge because no-one knew how to challenge them. Most people didn't know how much Bailiffs can charge - try looking on any local authority website, none of them I've seen set out the charges - all they will do is perpetuate the myth that if you don't pay up at once, you will get huge bailiff charges added on - well you will, but only because there are bailiffs who will lie about the extent of their communication with you.

 

The way to deal with them when they try these tricks is to challenge them by using S7 DPA to see what they actually did. In my case, the company concerned faked letters allegedly sent to me but they did not match the dates on the computer generated letters I had actually received (after the alleged costs already stood at £250) and some of them were dated the same day as alleged visits had been made. As soon as I pointed this out, together with the fact that the alleged description in their records of my front door as "proof" of the visit was actually nothing like my front door, I received a cheque in full by way of refund with no arguments.

 

Good info BotB..........can I ask was yours for Council Tax or Parking Penalties and does it make a difference, and if as you say they can charge up to 28% for visits over £100, where is this set down or published as I have looked and cannot find it anywhere on any of the relevant Government or related sites.

 

Also how does ths work

 

In the first instance, complain to the bailiffs themselves. You can tell them you know their charges are excessive and that you will be taking further action if the charges are not reduced to the levels shown in the schedule.

 

* You can then complain to the council as the bailiffs are acting as agents of the Council. There have been recent cases that have been taken back in front of the Magistrates Court over these issues, with the result that the councils have been forbidden to take any further recovery action, or in other words, the debt has been written off. So it IS worth complaining.

 

if indeed they are allowed to charge 28% ?? I have challenged them with a S7 DPA and still wait to hear from them before I know whether I can take further action.

Chrismc v Vertex Data Science Ltd

SD Set Aside WON + Costs

 

 

Chrismc v Barclays

Won - Settlement Agreed at 11th Hour.

 

Philips Bailiffs

Lost - Judge changed at last minute, it didn't help!

 

G-MAC Early Redemption Charges Waived

Won - Early Redemtion Fees Waived in Full.

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Share on other sites

Well I paid all charges and fees anyway, and have already sent of a S7 DPA...so I will wait and see what they come up with, the fees you post above I have also found and they seem to tally, but it is the 20% that I had not seen mentioned elsewhere.

 

Anyway as you rightly say, I cannot do anything in my case until I get the DPA information, but thanks for the help so far.

Chrismc v Vertex Data Science Ltd

SD Set Aside WON + Costs

 

 

Chrismc v Barclays

Won - Settlement Agreed at 11th Hour.

 

Philips Bailiffs

Lost - Judge changed at last minute, it didn't help!

 

G-MAC Early Redemption Charges Waived

Won - Early Redemtion Fees Waived in Full.

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Share on other sites

They sound just like that Philips lot, very similar trick, threats and lies. I hope you find a way Seylectric of getting back at them, they deserve all they get, and only get away with things through intimidation.

Chrismc v Vertex Data Science Ltd

SD Set Aside WON + Costs

 

 

Chrismc v Barclays

Won - Settlement Agreed at 11th Hour.

 

Philips Bailiffs

Lost - Judge changed at last minute, it didn't help!

 

G-MAC Early Redemption Charges Waived

Won - Early Redemtion Fees Waived in Full.

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Share on other sites

Just found this topic and found it very interesting.

 

 

 

Had a visit last week from a firm of private bailiffs. My daughter answered the door and told the man I was not at home.

 

 

They gave her a letter it was about unpaid council tax I have never had a letter from the council about this as it was from a previous house we lived in I thought they (the council) were supposed to give you 14 days warning of a bailliff visit. The council knew my pesent address by the way.

 

 

My daughter assured me he never came in the house .

 

 

What I want to know is this.

 

 

1 . I do not intend to let these people into my home, am I ok with this.

 

2. I am not refusing to pay this money but just do not have any. I was evicted from my last home, due to my busness failing and the banks unfair charges.

 

3. I have no intention of sighning a walking possesion as I believe when you do this and let them in your home youve had it.

 

 

Any help or advice would be welcome

 

 

Thanks

PC1985 - You do right to not let them in, once in they can then come back and legally break in. Do not sign anything especially things like a 'walking possession'

 

Make sure if they come again you do not leave any doors or windows open, bailiffs (private bailiffs ) cannot break in but they can enter through an open door or window. (unless they are court appointed bailiffs then the rules are different)

 

If you do not allow them in and sign nothing there is not a lot they can do really.

 

Check out these links for more information http://www.nationaldebtline.co.uk/en..._council_tax#8

 

http://www.multikulti.org.uk/en/debt...s-council-tax/

 

Also if they post anything through the door or mail something to you quoting their fees, check what they are asking for, if you think the fees are excessive make a note of this

 

In the first instance, complain to the bailiffs themselves. You can tell them you know their charges are excessive and that you will be taking further action if the charges are not reduced to the levels shown in the schedule.

 

* You can then complain to the council as the bailiffs are acting as agents of the Council. There have been recent cases that have been taken back in front of the Magistrates Court over these issues, with the result that the councils have been forbidden to take any further recovery action, or in other words, the debt has been written off. So it IS worth complaining.

 

* You can apply to the County Court for the costs to be checked. This is called "Taxation". The court can look at a complaint within 12 months. They will decide if the charges are excessive or not. There is a fee to pay to the court for this application. If the court decides not reduce the bill at least 20% you can be liable for the bailiffs firm’s court costs. You need legal advice first.

 

If you intend paying this eventually I think I would contact the Council direct, ask them to take it out of the hands of the Bailiffs, come to an arrangment with them. Make them aware that you are not willing to deal with the Bailiffs as you think their charges are extortionate and you believe unlawful!! so you would rather deal direct with the council. I think I would be tempted to also tell them about previous cases whereby they have been taken back in front of Magistrates thus preventing the Council from further recovery action.

 

However, before quoting them things like that I would do some research and source some actual evidence Case Law or whatever to add weight to your side of the argument.

 

The Council may say they cannot instruct the Bailiffs to cease pursuing the debt, but I believe they can and will do if put under enough pressure and you know what you are talking about.

 

PC1985.......this is what I have found out by carrying out research on the subject, I am not a solicitor, please make sure you take propper professional or legal advice before acting.

 

Maybe you could talk to the local Magistrates Court also where the claim was lodged with the Council and see what they say. At the end of the day if you are just trying to buy yourself some time, there are ways to do that.

 

You can follow my thread if you like, as I am going to ask for a refund of fees if the DPA information comes back and looks favourable.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=8732

 

 

I hope this helps.

 

Chris

Chrismc v Vertex Data Science Ltd

SD Set Aside WON + Costs

 

 

Chrismc v Barclays

Won - Settlement Agreed at 11th Hour.

 

Philips Bailiffs

Lost - Judge changed at last minute, it didn't help!

 

G-MAC Early Redemption Charges Waived

Won - Early Redemtion Fees Waived in Full.

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Share on other sites

hi Guys,

 

 

Thanks for your advice its much appreciated. I will write to the council tonight and explain my circumstances. Do you think I should write to the bailiffs as well?

 

 

Once again thanks for your help.

 

 

Paul

 

If it was me I would let the council take care of the Bailiffs.

Chrismc v Vertex Data Science Ltd

SD Set Aside WON + Costs

 

 

Chrismc v Barclays

Won - Settlement Agreed at 11th Hour.

 

Philips Bailiffs

Lost - Judge changed at last minute, it didn't help!

 

G-MAC Early Redemption Charges Waived

Won - Early Redemtion Fees Waived in Full.

Link to post
Share on other sites

 

I'm not sure where this originated from but does anyone have any more information to verify its accuracy?

BotB

 

I have seen it on at least three sites now, here are two of them, the main one being the National Debt Helpline site for England & Wales.

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=02_bailiffs_and_council_tax#8

 

National Debtline

Tricorn House,

51-53 Hagley Road,

Edgbaston,

Birmingham

B16 8TP

 

MAT Charity Registration Number 1099506

 

Tel 0808 808 4000

 

and this is another one

http://www.multikulti.org.uk/en/debt/bailiffs-council-tax/

 

Chris

Chrismc v Vertex Data Science Ltd

SD Set Aside WON + Costs

 

 

Chrismc v Barclays

Won - Settlement Agreed at 11th Hour.

 

Philips Bailiffs

Lost - Judge changed at last minute, it didn't help!

 

G-MAC Early Redemption Charges Waived

Won - Early Redemtion Fees Waived in Full.

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Share on other sites

Thanks Martin for your kind words. I will keep you all posted.

 

I have no intention of letting them in If they do get in I have a very nasty tempered German Shepherd.

 

PC...yes just do as we all advise you, you will be OK, I know it is not easy the position you are in, but this is what they hope and work on, they pray on the weak or people who are at a low ebb and those that do not know their rights. They can be very intimidating, but don't let them win, just keep them at arms length and DO NOT LET THEM IN under any circumstances.

 

Try not to even speak with them, until you feel better, but if you do have too, tell them the debt is in dispute and the Local Authority have been informed and you are waiting their response. Tell them to check this out with the Council if they have too.

 

Good luck

Chris

Chrismc v Vertex Data Science Ltd

SD Set Aside WON + Costs

 

 

Chrismc v Barclays

Won - Settlement Agreed at 11th Hour.

 

Philips Bailiffs

Lost - Judge changed at last minute, it didn't help!

 

G-MAC Early Redemption Charges Waived

Won - Early Redemtion Fees Waived in Full.

Link to post
Share on other sites

 

So really at the end of the day what can they do

You've hit the nail on the head PC...what can they realistically do to you......NOTHING!! Keep that in mind and remain positive and your worries will start to subside!

Chrismc v Vertex Data Science Ltd

SD Set Aside WON + Costs

 

 

Chrismc v Barclays

Won - Settlement Agreed at 11th Hour.

 

Philips Bailiffs

Lost - Judge changed at last minute, it didn't help!

 

G-MAC Early Redemption Charges Waived

Won - Early Redemtion Fees Waived in Full.

Link to post
Share on other sites

 

Thanks for the links chrismc.

 

No problem BotB let me know what you think and if it helps.

 

Chris

Chrismc v Vertex Data Science Ltd

SD Set Aside WON + Costs

 

 

Chrismc v Barclays

Won - Settlement Agreed at 11th Hour.

 

Philips Bailiffs

Lost - Judge changed at last minute, it didn't help!

 

G-MAC Early Redemption Charges Waived

Won - Early Redemtion Fees Waived in Full.

Link to post
Share on other sites

paulclarkson

 

Keep your chin up, you sound to be getting a bit more positive about all this now, it helps when you have like minded people to sound off with, may not directly help, but indirectly the information is bound to make you wiser and therefore give you the confidence to stand up to these bullies.

 

Remember we are all here to help, and we don't mind what you tell us, most of us have been in similar positions to yourself, there is a light at the end of the tunnel, I know sometimes it seems a long way off, but it is there!!

 

Chris

Chrismc v Vertex Data Science Ltd

SD Set Aside WON + Costs

 

 

Chrismc v Barclays

Won - Settlement Agreed at 11th Hour.

 

Philips Bailiffs

Lost - Judge changed at last minute, it didn't help!

 

G-MAC Early Redemption Charges Waived

Won - Early Redemtion Fees Waived in Full.

Link to post
Share on other sites

Small update ,

 

I was in the house this morning (upstairs) I came down to find a letter behind the door hand deliverd and nobody knocked.

 

The baillife had been back and levied on my car parked in the drive. And just posted the form through the door . They said that if I do not pay the amount owing in 5 days they will return and take it.

 

Now can somebody advice me please If you can.

 

Will they return to try and get in the house?

 

Or have I got 5 days peace and quiet from them?

 

 

Thanks

P C

 

PC I would go in to the Council Offices, demand to speak to one of the enforcement officers, and tell them this is causing undue stress etc to yourself and your family, tell them about the Bailiff giving a notice to your daughter etc really lay it on thick, and get them to withdraw the Bailiffs actions. They may try and say they cannot do it, but they can if given enough hassle and pressure by yourself.

 

Also mention you have already sent in a letter to the council, and not had a response, tell them your current situation and anything else you can think off that helps your cause. See what they say.

 

Check out on the various sites on the net we have given you or on here to see if they can actually take your car if you have not signed anything, do you work, if so and you need your car for work, they cannot take it. A lot of this depends on your own personal circumstances, but in my view it has got to the point where you need to go and meet with the Council, remember they are there to help you aswell as chase council debts. I am sure if you present your case to them they will be able to call off the bailiffs.

 

If all else fails remember they cannot break in to your house though!!

 

Hope this helps a little

Chris

Chrismc v Vertex Data Science Ltd

SD Set Aside WON + Costs

 

 

Chrismc v Barclays

Won - Settlement Agreed at 11th Hour.

 

Philips Bailiffs

Lost - Judge changed at last minute, it didn't help!

 

G-MAC Early Redemption Charges Waived

Won - Early Redemtion Fees Waived in Full.

Link to post
Share on other sites

Thanks for your reply

 

I will do as you suggest.

 

I was really wondering if they will come back within the 5 days as I am sick and fed up with having windows and doors shut (especially with the weather at the moment) I really dont mind if they do take the car as long as they leave us alone. Its the few possesions in the house I don.t fancy them getting at (not that there is anything of any value anyway.)

 

 

Fees so far they are charging.

 

1.Fees for bringing the two letters£39

 

2.Fee for levy on the car (this morning)£35

 

PC you don't want them taking the car even if they are allowed to, your account will only get credited with a very small amount, and you will still have them visiting you regularly, in fact the amount they get for it may just get swallowed up in their fees. You are better off keeping the car if you can. Even if the car is worth a lot you would get little credit for it. If it is worth very little, then it is of no use to them but more use to you than it's true worth, if you know what I mean.

Chrismc v Vertex Data Science Ltd

SD Set Aside WON + Costs

 

 

Chrismc v Barclays

Won - Settlement Agreed at 11th Hour.

 

Philips Bailiffs

Lost - Judge changed at last minute, it didn't help!

 

G-MAC Early Redemption Charges Waived

Won - Early Redemtion Fees Waived in Full.

Link to post
Share on other sites

Well just got back from the council.

 

They were not interested they stated that as it is in the hands of the bailliffs,

there is nothing they can do until the warrant is sent back.

 

 

As I said before I am not that bothered about the car in fact its not worth anything anyway and I was thinking of scrapping it but I even think junk yards would want me to pay for them to take it away. So they will be douing me a favoir so to speak.

 

I think my best course of action will be to let them take it refuse to let them in the house and refuse to sighn anything and hopefully when they realise I have nothing of value they will sent the warrant back to the council.

 

I just hope they dont keep coming back for the next 5 days as I have too much to do with the funeral and everything.

Who did you see at the Council PC, was it an enforcement officer or a general dogsbody?? I can't believe they just fobbed you off, they can withdraw the file from the DCA/Bailiffs I am sure of this. Did you ask if they received your letter?

 

Time for Plan 'B' if you really want to let the car go give it too them, one problem I see with this though is that the cost of removal will be added to the debt and this may amount to more than they credit you for the car and may just compound the problem. But if you do end up letting them have it, refuse to sign anything no matter what they say and don't let them in under any circumstances.

 

If you feel confident enough you may be better just standing uop to them when they come, tell them to take it, make out you are not bothered as you were going to srap it anyway, this will really wind them up, but as long as you don't weaken you should be OK, I worry how able you are to stand up to them though?

 

You could always go and see the CAB (Citizens Advice Bureau) and run it past them, it costs nothing and they may be able to give you some useful information?

 

 

Here is some more do's and don'ts that may help:

 

IF THE BAILIFFS HAVE NOT BEEN INTO YOUR HOME BEFORE TO COLLECT THIS DEBT, THEY HAVE NO RIGHT TO COME IN. THEY CANNOT BREAK IN. YOU CAN CHOOSE NOT TO LET THEM IN.

  • DON'T open the door to them as they may try to push past you. If they get inside, they may have a right to enter again and may break in to take your goods.
  • DON'T leave windows open or doors unlocked - bailiffs can legally get in through these. Bailiffs CANNOT get the police to help them break in.
  • BEWARE some bailiffs may leave you a phone number, and arrange to come round to 'have a chat'. Don't let them in, even if they say it's only to use the toilet or make a phone call.
  • Bailiffs MAY try to break into sheds, garages, greenhouses etc., even though this is illegal. KEEP VALUABLES SAFE! They may be able to take cars, motor-bikes and other vehicles parked near your home.
  • Politely but firmly refuse to let the bailiffs in. Offer what you can afford to pay. If the bailiffs accept your offer, ask them to return to their car, and go out and pay them. Make sure you get a receipt.

DON'T SIGN ANYTHING! If the bailiff leaves papers for you to sign and return, you do not have to do this. You don't have to sign agreements posted through your door either.

 

More info:

 

WHAT THINGS ARE THE BAILIFFS ALLOWED TO TAKE?

There are some things that the bailiffs are not allowed to take at all; such as goods that are rented or hired. The regulations also say that the following items are exempt and can't be taken:

  • "Such tools, books, vehicles and other items of equipment as are necessary for use personally in employment, business or vocation"
  • "Such clothing, bedding, furniture, household equipment and provisions as are necessary for satisfying basic domestic needs of the person and family".
  • This list is not very specific so you may find that bailiffs have a different idea of what items are necessary for you to keep and what can be taken. You can complain about what the bailiffs take if you feel the items should have been exempt.

CAN THE BAILIFFS TAKE THINGS WHICH ARE NOT MINE?

The bailiffs can only take goods belonging to you if you are named on the liability order. This means that if the council tax debt is just in your name, the bailiff should not take goods which are owned jointly with someone else. If they want to take goods that belong to someone else (your children, partner, lodgers etc.) explain that the goods do not belong to you. If you can, show a receipt or note as proof. The owner of the goods may have to provide a sworn statement in the form of a "statutory declaration" to say this is the case. They cannot take goods which are rented or hired. This includes goods on hire purchase agreements. Show them a copy of your credit agreement if you can.

WHAT IF I HIDE THINGS OR GIVE THEM AWAY?

If the bailiffs haven't yet been in, you can hide things or take them somewhere else. If the bailiffs have already been in, you are committing an offence if you remove goods that they have said they will take. You can hide them on your premises but the bailiffs can search for them. However, if the bailiffs have listed exempt goods on a walking possession agreement, the agreement may be invalid as it applies to these goods. You may be able to remove the exempt goods only.

 

BAILIFFS PROCEDURES

If the bailiffs are distraining for poll tax or council tax, there are certain procedures that they have to follow. They must have with them:-

  • written authorisation from the council for them to call. They should show you this if you ask.

They must leave you a copy of:-

  • the law setting out their powers and what they can and cannot do. These are the "Enforcement Regulations".
  • the charges the bailiffs are allowed to make for each visit. You should check they have not added too much on to your debt.
  • any agreement you have actually signed. This will be called a "Walking Possession" agreement and includes a list of goods the bailiffs have warned you they may take

HOW DO I STOP THE BAILIFFS?

  • You can try to make an arrangement to pay the debt back at a rate that you can afford. You can offer the money directly to the bailiffs, although it is easier to get them to accept your offer if they have never been into your home. Always get a receipt for any money you pay.
  • Bailiffs cannot send you to prison . If the bailiffs have never been into your home and they will not accept your offer, all they can do is to pass your debt back to the council. It is important to make an arrangement to pay the council, or they may try other ways of recovering the money, such as taking money out of your wages or your benefit.
  • If the bailiffs refuse your offer it is important to put the money you have offered aside so you can pay it to the council as soon as the debt is passed back to them. Write to the bailiffs and the council telling them you are saving the money up as the bailiffs have refused to take your payments.
  • If you are on income support, pension credit or job seeker's allowance, some councils have a policy for not using bailiffs and will accept an offer from you or agree to accept direct payments from your benefits. Ask your council if they are willing to take the debt back from the bailiffs so you can pay them directly.
  • If the council won't help then contact your local councillor and ask them to take it up with the council for you. Explain what hardship you will be in if the bailiffs come to your home and take your belongings.

If it has been a long time since the bailiff came into your home and you have not had any contact with them during this time, the future action they can take against you may be limited.

 

 

Good luck!

Chrismc v Vertex Data Science Ltd

SD Set Aside WON + Costs

 

 

Chrismc v Barclays

Won - Settlement Agreed at 11th Hour.

 

Philips Bailiffs

Lost - Judge changed at last minute, it didn't help!

 

G-MAC Early Redemption Charges Waived

Won - Early Redemtion Fees Waived in Full.

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Here is some more do's and don'ts that may help:

 

QUOTE]

 

Right at the start of this thread jonni2bad gave consideration to elevating it to a forum or sub-forum.

 

pc's problems (and others) and chrismc's excellent advice and support illustrates vividly what a difficult area this is, and points up the scurrilous behaviour of many bailiffs.

 

Perhaps jonny2bad and other mods will look again at making this a forum/sub-forum, where individual threads could be better dealt with. chrismc's advice panel in his last post would make an excellent sticky (unless I've missed it!)

 

Onwards and upwards

 

Elsinore

 

Thanks Elsinore

  • Haha 1

Chrismc v Vertex Data Science Ltd

SD Set Aside WON + Costs

 

 

Chrismc v Barclays

Won - Settlement Agreed at 11th Hour.

 

Philips Bailiffs

Lost - Judge changed at last minute, it didn't help!

 

G-MAC Early Redemption Charges Waived

Won - Early Redemtion Fees Waived in Full.

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PC - Plan C

 

Does this apply to you?


  • If you are on income support, pension credit or job seeker's allowance, some councils have a policy for not using bailiffs and will accept an offer from you or agree to accept direct payments from your benefits. Ask your council if they are willing to take the debt back from the bailiffs so you can pay them directly.
  • If the council won't help then contact your local councillor and ask them to take it up with the council for you. Explain what hardship you will be in if the bailiffs come to your home and take your belongings.

If it does, it just may be another option, but if you end up having to stand up to them remember If the bailiffs have never been into your home and they will not accept your offer, all they can do is to pass your debt back to the council.

 

Chris

Chrismc v Vertex Data Science Ltd

SD Set Aside WON + Costs

 

 

Chrismc v Barclays

Won - Settlement Agreed at 11th Hour.

 

Philips Bailiffs

Lost - Judge changed at last minute, it didn't help!

 

G-MAC Early Redemption Charges Waived

Won - Early Redemtion Fees Waived in Full.

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Share on other sites

Chris this is only usually accepted either before Baliff intervention or after the file goes back

 

And again can only be taken at the rate of 2.60-3.00 per week which is all thats allowed to be taken as a priority debt.

 

 

Actually if taken to a mags court for commital this is usually the arrangement thats made last gasp..........but can obv be set up well before this stage.

 

Yes I agree Martin it is a long shot, but there aren't a lot of other options available. If the council today had agreed to take back the file Ok but there still seems to me something is wrong there, maybe the person PC saw did not know what they can and cannot do, maybe they wern't high enough up the line of command, lots of ifs and buts and we are grasping at straws a bit but beggars can't be choosers!!

Chrismc v Vertex Data Science Ltd

SD Set Aside WON + Costs

 

 

Chrismc v Barclays

Won - Settlement Agreed at 11th Hour.

 

Philips Bailiffs

Lost - Judge changed at last minute, it didn't help!

 

G-MAC Early Redemption Charges Waived

Won - Early Redemtion Fees Waived in Full.

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Yes true

 

I think he should have asked to see a supervisor,and in fact maybe should go back again tomorrow to do that.(being last day before weekend)

 

But as you know his mind is on other things too and he has got another important duty tomorrow.

 

From my experience they are not very active at weekends or after 8 pm because If I am not mistaken they cannot visit outside certain hours.

 

The guy obviously needs to be left alone at this time.

 

Reading into this their deadline for the car is Monday?

 

So little can be done between now and then to stave off that unless he tries again on Monday morning.

 

Yes agreed, I think Monday is D Day!!

Chrismc v Vertex Data Science Ltd

SD Set Aside WON + Costs

 

 

Chrismc v Barclays

Won - Settlement Agreed at 11th Hour.

 

Philips Bailiffs

Lost - Judge changed at last minute, it didn't help!

 

G-MAC Early Redemption Charges Waived

Won - Early Redemtion Fees Waived in Full.

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Share on other sites

Morning everyone,

 

 

Thank you for your kind messages much appreciated.

 

 

I feel a lot better this morning and will be thankfull in a way when today is over.

 

 

Like somebody said if my story helps anybody else then hopefully they will not have to go through what I have.

 

Hopefully they will keep away today.

 

 

Monday I go in to battle so to speak and if they do climb through a window they will have a nasty surprise on the other side.

 

Regarding the letter from the council which they should have sent and I never recieved I read it on a site but I cant remember which one I have been on so many but it is also on the back of the paper he posted through the door right at the bottom and in very!!! small print If anybody wants me to write what it says I will do but I wont have time until this evening.

 

Once again thanks to you all

 

Scalextric your comments although not meant to made me laugh particularly your earlier ones.

 

Good luck PC you are right about the 14 day notice that has been in effect for quite some time now, so it will apply to your case also, it was actually in one of the original links I posted for you, but I guess there was information overload at the time what with all the other stress and problems. But at least now you sound a bit more chipper, you are now getting over the initial shock of all this, it will get easier, just remain positive and things will start to work in your favour, and thanks for sharing things with us.

 

Chris

Chrismc v Vertex Data Science Ltd

SD Set Aside WON + Costs

 

 

Chrismc v Barclays

Won - Settlement Agreed at 11th Hour.

 

Philips Bailiffs

Lost - Judge changed at last minute, it didn't help!

 

G-MAC Early Redemption Charges Waived

Won - Early Redemtion Fees Waived in Full.

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Share on other sites

I've been reading this thread - all the best PC.

 

I wonder if someone has any knowledge on this....

 

Council tax in husbands name - in fact the council won't even speak to me or give me figures coz its "not in my name".

 

All dealings with bailiff in husbands name.

 

However, when bailiffs call its me they speak to and me who has signed the walking possession agreement (for my husbands car) - is this legally binding?

 

I have sent DPA letter - cheeky sods have cashed the cheque but we've not received anything! They do have plenty of time to comply tho, just thought it was cheeky.

Chardonnay

 

Does this help?

 

"The bailiffs can only take goods belonging to you if you are named on the liability order. This means that if the council tax debt is just in your name, the bailiff should not take goods which are owned jointly with someone else. If they want to take goods that belong to someone else (your children, partner, lodgers etc.) explain that the goods do not belong to you. If you can, show a receipt or note as proof. The owner of the goods may have to provide a sworn statement in the form of a "statutory declaration" to say this is the case."

 

 

Chris

Chrismc v Vertex Data Science Ltd

SD Set Aside WON + Costs

 

 

Chrismc v Barclays

Won - Settlement Agreed at 11th Hour.

 

Philips Bailiffs

Lost - Judge changed at last minute, it didn't help!

 

G-MAC Early Redemption Charges Waived

Won - Early Redemtion Fees Waived in Full.

Link to post
Share on other sites

Morning everyone.

 

 

Had a peacefull day yesterday (no bailliffs looming).

 

 

I spent most of the day working out my plan of action hopefully it will work out ok.

 

 

Hopefully they wont show today (weather too hot) but if they do I am ready for them.

 

 

I entend getting p.....d tonight and forgetting all about them until Monday.

 

I would be very surprised if they show today (Saturday) pressure off for you for a couple of days!!

Chrismc v Vertex Data Science Ltd

SD Set Aside WON + Costs

 

 

Chrismc v Barclays

Won - Settlement Agreed at 11th Hour.

 

Philips Bailiffs

Lost - Judge changed at last minute, it didn't help!

 

G-MAC Early Redemption Charges Waived

Won - Early Redemtion Fees Waived in Full.

Link to post
Share on other sites

PC

 

Whilst researching regulations etc on my own case here http://www.consumeractiongroup.co.uk/forum/showthread.php?t=8732 this evening I came across something that may be of benefit to your situation:-

 

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 potential cause for concern. If necessary, the enforcement agent will advise the creditor iffurther 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.

Here is the link if you want it http://www.dca.gov.uk/enforcement/agents02.htm#part4

 

National Standards for Enforcement Agents 2002

 

The Lord Chancellor's Department has produced these National Standards for Enforcement Agents

 

worth reading

Chris

Chrismc v Vertex Data Science Ltd

SD Set Aside WON + Costs

 

 

Chrismc v Barclays

Won - Settlement Agreed at 11th Hour.

 

Philips Bailiffs

Lost - Judge changed at last minute, it didn't help!

 

G-MAC Early Redemption Charges Waived

Won - Early Redemtion Fees Waived in Full.

Link to post
Share on other sites

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