Bailiffs & council tax complaint

cardiffman · 26 October 2012 at 10:26AM

Good morning all,

could really do with a bit of advice if possible.

This morning we had a bailiff turn up for unpaid council tax from Swift.

He was talking to my partner as it was in her name, she was just about to leave for work 06.50.

She told him she didnt have the money untill next Wednesday when she was paid. To which he replied "well i will call the Police and a locksmith to gain entry and remove goods"

At this point he went back to his car and say on the phone. I told my partner to go work and i will deal with it.

She got in the car and went to reverse off the drive, he then reveresed his car back blocking the drive so she couldnt get out.

I went out to his car opened his door and asked what his problem was. He then said "its nothing to do with you !!!!!!!!"

I called the Police explaining the situation and they said they would send a car round.

I stood at his car were he called me a !!!!!!!! a couple more times, he then asked me to move so he could shut his door. I said no not untill you move your car. He then said to me "lets sort this out between you and me around the corner" im a big bloke and he was very short so i just laughed at him. He then again said "c'mon me and you lets sort it" again i laughed at him.

My partner came back out and said she would set up a payment over a number of months, he said ok but i need to come in the house for you to sign it as it is illegal to do it outside. At this point i told him he was talking crap and he either wants to sort it out or he dont. He said he wasnt talking to me, so i left my partner to sort out.

He said he had done a DVLA check on the car and it was in my partners name which is crap as its in my name. I told my partner to let him levy on the car so she could get the agreement and go to work.

This was all done and he !!!!!!ed off.

If i made a complaint about him would i get anywhere? and also do i have to complain to Swift first?

Thanks for your help guys and sorry its so long

hallowitch · 26 October 2012 at 12:37PM

bailiffs lie and then lie again and when you complain to th council they will lie not me gov i didn't say/do that and the council will believe the bailiff every time if you must speak to the bailiff or swift please try and record the call

can you tell us the approx auction vale of the car
is the car on HP finance
if you lived with your wife/partner at the time the debt occurred you may be jointly liable for the debt

can you tell us the amount of the liability order and the fees charged on th notice of seizure

is the bailiff certificated to swift

http://certificatedbailiffs.justice.gov.uk/CertificatedBailiffs/

There a few people on here that can help you with this i wont be on for a few days (going to a wedding and expect to have to a 2 day hangover ) but Will look in when i can to see how you are getting on

I also recommend this site
http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?168-Bailiffs-and-High-Court-Enforcement-Officers

dancingfairy · 26 October 2012 at 1:19PM

Did the police actually arrive? Did you/your wife get any name of of a police officer attending/was there a crime reference number? I'm not 100% sure what crime was committed but clearly the bailiff has broken many bailiff rules etc.
You definitely have a good complaint, it's merely going to be how many rules they've broken.
Don't forget that you should also complain to the council as ultimately the council are responsible for the conduct of their agents (you can also pursue it as far as the local Goverment Ombudsman as well if necessary).
I don't know enough to help you with the details /wording of your complaint but I'm sure others will help you.
Best of luck
df

dancingfairy · 26 October 2012 at 1:20PM

Oh and I'd try and get an account statement off them as well as they may have added van fees, admin fees or any other variation on illegal/dodgy fees.
df

hallowitch · 26 October 2012 at 1:44PM

"From:
My Name
My Address

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"

Also always advisable to ask the Council.
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

cardiffman · 26 October 2012 at 1:49PM

thanks guys

police didnt turn up so when it was sorted i rang them and told them not to bother, just wish i was more awake as i would of taken the car off the drive and when he moved back i would of let him hit the car

UglyJoe · 26 October 2012 at 2:42PM

cardiffman wrote: »

I called the Police explaining the situation and they said they would send a car round.

cardiffman wrote: »

police didnt turn up

If your partner doesn't pay her council tax, she can't really expect to receive the service. :cool:

cardiffman · 26 October 2012 at 2:53PM

UglyJoe wrote: »

If your partner doesn't pay her council tax, she can't really expect to receive the service. :cool:

good point well put

so if i see a little old lady being mugged i walk by because the police wont turn up if i call them hmmmm

ILW · 26 October 2012 at 2:57PM

Why has teh CT not been paid?

Forwandert · 26 October 2012 at 3:09PM

cardiffman wrote: »

Good morning all,

could really do with a bit of advice if possible.

This morning we had a bailiff turn up for unpaid council tax from Swift.

He was talking to my partner as it was in her name, she was just about to leave for work 06.50.

She told him she didnt have the money untill next Wednesday when she was paid. To which he replied "well i will call the Police and a locksmith to gain entry and remove goods"

At this point he went back to his car and say on the phone. I told my partner to go work and i will deal with it.

She got in the car and went to reverse off the drive, he then reveresed his car back blocking the drive so she couldnt get out.

I went out to his car opened his door and asked what his problem was. He then said "its nothing to do with you !!!!!!!!"

I called the Police explaining the situation and they said they would send a car round.

I stood at his car were he called me a !!!!!!!! a couple more times, he then asked me to move so he could shut his door. I said no not untill you move your car. He then said to me "lets sort this out between you and me around the corner" im a big bloke and he was very short so i just laughed at him. He then again said "c'mon me and you lets sort it" again i laughed at him.

My partner came back out and said she would set up a payment over a number of months, he said ok but i need to come in the house for you to sign it as it is illegal to do it outside. At this point i told him he was talking crap and he either wants to sort it out or he dont. He said he wasnt talking to me, so i left my partner to sort out.

He said he had done a DVLA check on the car and it was in my partners name which is crap as its in my name. I told my partner to let him levy on the car so she could get the agreement and go to work.

This was all done and he !!!!!!ed off.

If i made a complaint about him would i get anywhere? and also do i have to complain to Swift first?

Thanks for your help guys and sorry its so long

From your opening post and reply later about letting him hit the car. It's sounds a little like your where throwing your weight around yourself. The guy was doing his job why where you getting involved? Opening his door, blocking him from closing his door etc. As he quite rightly pointed out early on it was nothing to do with you. Your involvement sounds like it escalated the situation.

CAB_National_Representative · 29 October 2012 at 5:39PM

cardiffman wrote: »

Good morning all,

could really do with a bit of advice if possible.

This morning we had a bailiff turn up for unpaid council tax from Swift.

He was talking to my partner as it was in her name, she was just about to leave for work 06.50.

She told him she didnt have the money untill next Wednesday when she was paid. To which he replied "well i will call the Police and a locksmith to gain entry and remove goods"

At this point he went back to his car and say on the phone. I told my partner to go work and i will deal with it.

She got in the car and went to reverse off the drive, he then reveresed his car back blocking the drive so she couldnt get out.

I went out to his car opened his door and asked what his problem was. He then said "its nothing to do with you !!!!!!!!"

I called the Police explaining the situation and they said they would send a car round.

I stood at his car were he called me a !!!!!!!! a couple more times, he then asked me to move so he could shut his door. I said no not untill you move your car. He then said to me "lets sort this out between you and me around the corner" im a big bloke and he was very short so i just laughed at him. He then again said "c'mon me and you lets sort it" again i laughed at him.

My partner came back out and said she would set up a payment over a number of months, he said ok but i need to come in the house for you to sign it as it is illegal to do it outside. At this point i told him he was talking crap and he either wants to sort it out or he dont. He said he wasnt talking to me, so i left my partner to sort out.

He said he had done a DVLA check on the car and it was in my partners name which is crap as its in my name. I told my partner to let him levy on the car so she could get the agreement and go to work.

This was all done and he !!!!!!ed off.

If i made a complaint about him would i get anywhere? and also do i have to complain to Swift first?

Thanks for your help guys and sorry its so long

Hi Cardiffman - we'd recommend that you get advice from your local bureau on this. And, if you've got any letters from the council about alleged unpaid council tax, it would be useful to have them to hand when you ring and/or visit the bureau, so they can go over the details with you. And they can also help with your options for dealing with the bailiffs.

Bailiffs & council tax complaint

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