Bailiffs and repayment rates?

[maybelline]

absolutely, a shame it had to go to a stage two complaint to sort out, but basically, the summons has been cancelled and the bailiffs (subject to above conditions) called off.

 

the support from you guys helped me take it throughxx

[elsinore]

Now you can concentrate on getting some dosh back from Halifax!

 

Elsinore

[chrismc]

Maybelline

At least you can rest a little easier, I know you still have to find the money each month, but better that than Mr Bailiff....just make suren you treat it as a priority debt, not for the councils sake, but for your own well being and peace of mind!!

 

Chris

[maybelline]

before I write my statement to say that I agree that is is okay for the council to ignore the legislation on persons having vulnerable status - any suggestions on how that would be worded? I am about to disagree with my own complaint, am I not?

 

ANY LEGAL BODS OUT THERE KNOW THE ANSWER TO THIS?

 

IT IS NOT POSSIBLE IS IT TO SIGN AWAY ONES RIGHTS, ISNT THAT A BASIC PRINCIPLE.

 

you know, you send your child on a school trip and the school asks you to sign a waiver saying its ok if they are tragically killed, RIDICULOUS, you still have rights to take action.

 

p.s (very happy this is all sorted but just interested)

[maybelline]

I agree - it is appalling -although unfortunately for someone like me who's profession is debt advice -sadly all to familiar and definitely not a "one off". Maybelline - this is what I would do -

 

1. contact your MP if you have not already done so -and also find out who you local councillor is and contact them as well - if you phone your council authority office they will give your the details of your local councillor. Ask him/her what the council's policy is for dealing with vulnerable people. Your son's autism and the fact you are on benefit should mean they should treat you as vulnerable. Ask that the account is recalled from the bailiff due to your vulnerable status.

 

2.Try and get an appointment with a local advice agency or cab. It will help of the bailiff/council know you have sought advice.

 

3. As advised above do not let the bailiff in -and make a note of any dealings you have with them -useful in case of a complaint.

 

4. Don't bother trying to negotiate with the bailiff - as you have discovered they are difficult to negotiate with. If they don't collect they will send the account back to the council - who may well send the account to the magistrates court. Provided you attend the hearing and it will help if you have been for advice - the magistrates may write off some or all of the debt.

 

Incidentally - the council has a duty to try to collect by all possible means before sending the account to the magistrates for a committal hearing - that is why it will have been sent to to the bailiffs first.

 

Well done for complaining to the Local Govt Ombudsman - I would advocate anyone with any similar problems to do the same - I don't think the local authorities or the Local Gov't Ombudsman has any idea regarding how private bailiffs are intimidating people -and it is only by complaining that they will ever know.

 

Good luck Maybelline

 

xx

thanks ellie968, the legislation is there for both sides after all, as we are realising with the banks charges arguments also.

[maybelline]

reply to staget two complaint received, it is identical to the stage one reply, we have the done the right thing, etc.

[maybelline]

BBC1 programme, exposing BAILIFFS, tonight. at last, they are being exposed for what they are.

[maybelline]

NEW BAILIFF THREAT re: CAPQUEST

 

their LETTER BEFORE ACTION in response to CCA request,

 

(by the way, this is not to do with previous posts on council tax)

 

'Your account has now progressed through our jpre-litigation system with the relevant validations and checks now complete. Your account will now be passed to our solicitors for legal action to commence on or about 19 Feb 07.

 

The Bailiff will take an inventory and levy goods. You will be informed that the Bailiff has impounded the goods and you will be asked to sign a Walking Possession agreement, acknowledging that the impounded goods are in the possession of the Bailiff. If full payment or a stisfactory offer of a payment plan is not made, the Bailiff is authorised to remove the goods for sale to pay the debt and costs.

 

A walking possession agreement means that the goods that have been seized now legally belong to the Bailiff and can be removed at any time. However, s/he will allow them to remain in your home and you can continue to use them providing you keep your side of the agreement, e.g. you make agreed payments.

 

The fees charge by the bailiffs will be added to the amount owed. Any additional costs for removing and selling goods will also be added to the amount you owe. Remember that goods will be sold at public auction and typically will sell for about 10% of their original value. this means that if you owe £50 a bailiff may seize goods to the value of at least £500.

 

It is therefore in your interest to prevent the above course of action by contacting this office immediately to discuss settlement of this debt. Our experienced pre-litigation team are on hand to assist you, but this can only hapen if you make contact before 19 Feb 07.

 

Be in no doubt, failure to respond within the time stipulated will result in legal action being instigated and we will utilise the legal system to its full extent to ensure that this account is settled.

[Rob S]

Maybelline,

 

What is their letter in respect of?

[maybelline]

sorry, put this in this older thread because relates to bailiffs and how they conduct themselves etc, it is nothing to do with the earlier part of the thread.

[Rob S]

Phew, thank goodness, I thought after your case was all sorted last year that they were starting it all up again!

[elsinore]

Maybelline, this letter from Capquest is disgraceful. No matter what the circumstances, the letter is threatening, intimidatory and completely unprofessional. In other words, for Capquest it’s normal.

 

There is a convenient gap between the threat of legal action in the first paragraph and the lurid description of the bailiff’s actions in the second paragraph. The gap needs to be filled with the legal process.

 

They want you to think that you will get a visit from a bailiff on the morning of the 19th February. Nothing, of course, could be further from the truth. Even if Capquest sought and obtained judgement against you, a visit from a bailiff at some time in the future is pure conjecture and may never happen.

 

It looks to me as if this letter has been sent to frighten you, purely because you had the temerity to send them a CCA request. What were the dates on the two letters?

 

What is the dispute about and what are the sums involved? If the details are on another thread perhaps you will link me to it.

 

Elsinore

[maybelline]

Hi Elsinore, I am so glad you saw this, you are so right, designed to frighten, I will try to do a link but I think I mentioned sending a CCA request on one of my other threads as I have been trying to unravel the mess of DCA's letters and the real picture.

 

I believe this relates to HFC but HFC wrote to me and said they could not provide the agreement but would be leaving the default on file six years. then they sent another letter saying about another agreement but the account and agreement numbers did not match up.

 

in their letter they state details of another second agreement which they cannot find so 'we have provided the details, the amount is XXXX, taken on XXX date to last for XXX years. very strange, now I have the above DCA letter without reference numbers or account numbers mentioned just the amount that is the same as one shown on my credit file by HFC.

 

so basically, two agreements but only one copy provided but the agreement numbers on their letter does not relate to the copy provided. sorry this explanation is a bit messy.

 

thanks.

[elsinore]

Well, if they can't even reference the letter properly, it doesn't deserve a response.

 

Wait until they default on your CCA request and then report them for non-compliance.

 

Then, when you have time and if you are so inclined, report them to all and sundry for their general behaviour.

 

Elsinore

[maybelline]

they have provided the 'details' but not the copy late plus, a copy of an agreement. now they are chasing up a different agreement number, I am not sure if this would hold water if they askef for judgement in court.

[maybelline]

Phew, thank goodness, I thought after your case was all sorted last year that they were starting it all up again!

thanks RobS, I seem to have so many threads now, hope I didnt confuse:)