Debt Relief Orders (DRO) - Information & help thread

Smart_Mart

immoral_angeluk wrote: »

Any items that have been levied can still be seized post DRO as they are essentially items the debt is secured on. Give the bailiff company a call again and chase what's happening though.

To be honest, he'd be doing me a favour by taking the old set - I doubt very much whether he's been that specific as to what he's marked down...:D

I'll chase the bailiffs on Monday as there was a missed call earlier from an unknown caller...:(

RobertoMoir

Smart_Mart wrote: »

No, they've not been in at all although they have levied on some golf clubs that he spotted through the window. I've got two sets of clubs (an old set and a set I use regularly) and he marked it down on his list.

Rossendales (the bailiffs) rang last night and the woman seemed surprised that they had asked for so much per month when my income was restricted. She was due to come back to me today but hasn't yet.

I'm sorry... Are you seriously telling us that the bailiff levied on some items they didn't have physical access to by looking through a window? You haven't signed anything called a "Walking Possession Order" or something like that, have you?

Levying on goods they didn't have physical access to at the time would make their levy illegal. The next time you speak to them, I'd advise them of this and that you're aware that they can no longer enforce the debt and so they can therefore either 1) do one, or 2) enjoy the results of your formal complaint to the court or council whose warrant they are enforcing, and to the court that issued the bailiff's certificate if appropriate.

debt_doctor

RobertoMoir wrote: »

I'm sorry... Are you seriously telling us that the bailiff levied on some items they didn't have physical access to by looking through a window? You haven't signed anything called a "Walking Possession Order" or something like that, have you?

Levying on goods they didn't have physical access to at the time would make their levy illegal. The next time you speak to them, I'd advise them of this and that you're aware that they can no longer enforce the debt and so they can therefore either 1) do one, or 2) enjoy the results of your formal complaint to the court or council whose warrant they are enforcing, and to the court that issued the bailiff's certificate if appropriate.

Ha, bailiffs ! (well so called bailiffs) they even give this method a name,'constructive seizure'. I would do exactly as Roberto suggests.

DD

gillwayman

I am thinking of going for a DRO as know I qualify, but was wondering if I would HAVE to put my catalogue on my list of creditors as it is only used in emergencies, the debts I have are a loan from my old bank, overdraft from my old bank & 2 provident loans, I know I was a bit of a numpty to get the provident loans but they make it sound so simple, please help me with this one.

Smart_Mart

RobertoMoir / Debt Doctor - excuse the laziness of replying to both of you at once.

He was at my doorstep once and looked past me into the hallway where, under the stairs, lie a set of golf clubs. He said "I can see a set of golf clubs there, I'll levy on those" or words similar to that.

When you say "physical access to", am I splitting hairs to suggest that you mean items that they could physically touch if I had let them in? I'm 100% sure I haven't signed a walking possession order - is my best bet asking for a copy of it IF it does exist then I could see if I had signed it or not?

RobertoMoir

Smart_Mart wrote: »

RobertoMoir / Debt Doctor - excuse the laziness of replying to both of you at once.

He was at my doorstep once and looked past me into the hallway where, under the stairs, lie a set of golf clubs. He said "I can see a set of golf clubs there, I'll levy on those" or words similar to that.

When you say "physical access to", am I splitting hairs to suggest that you mean items that they could physically touch if I had let them in? I'm 100% sure I haven't signed a walking possession order - is my best bet asking for a copy of it IF it does exist then I could see if I had signed it or not?

If you had signed the WPO then you would already have a copy.

It isn't splitting hairs. He hadn't gained "peaceful entry" to the house at the time, he therefore cannot levy on goods inside the house. To legally levy upon goods you have to be able to remove them at the time you levy. A levy is a seizure of items, and if you remember that it's simple enough: You can't seize something you can't, er, physically seize.

To levy upon goods that are inside your house, he has to have already gained peaceful entry to the house. From what you say, this has not happened. Therefore the levy is illegal, therefore you should complain.

Smart_Mart

RobertoMoir wrote: »

If you had signed the WPO then you would already have a copy.

It isn't splitting hairs. He hadn't gained "peaceful entry" to the house at the time, he therefore cannot levy on goods inside the house. To legally levy upon goods you have to be able to remove them at the time you levy. A levy is a seizure of items, and if you remember that it's simple enough: You can't seize something you can't, er, physically seize.

To levy upon goods that are inside your house, he has to have already gained peaceful entry to the house. From what you say, this has not happened. Therefore the levy is illegal, therefore you should complain.

Ah right. I definitely haven't got a WPO because I am pretty good at keeping the paperwork (if not dealing with it...:().

Thanks for all your advice. He hasn't levied on the golf clubs for sure so I'll give them a call on Monday morning to sort it out. He saw them there when I opened the front door to him but they were ten or twelve feet away from them and he's never been in the house.

Thanks again!!

RobertoMoir

Smart_Mart wrote: »

Ah right. I definitely haven't got a WPO because I am pretty good at keeping the paperwork (if not dealing with it...:().

Thanks for all your advice. He hasn't levied on the golf clubs for sure so I'll give them a call on Monday morning to sort it out. He saw them there when I opened the front door to him but they were ten or twelve feet away from them and he's never been in the house.

Thanks again!!

Do you have a copy of a levy? He should have left paperwork headed something along the lines of "notice of distress"

Smart_Mart

RobertoMoir wrote: »

Do you have a copy of a levy? He should have left paperwork headed something along the lines of "notice of distress"

I can't find one right now but I'll have a longer look in the morning. It doesn't ring a bell but I couldn't say hand on heart that I haven't.:eek:

RobertoMoir

OK... This might change the tone of how you deal with the bailiffs in the future. It sounds like he's told you he's going to levy, but either has not (in which case, you should check their charges are correct, with a breakdown of what's been done, because there's a charge for a levy and certain other charges that can only be applied once a levy has been done) or he has levied and not left you with a copy of this, which is "well naughty".