Dealing with Bailiffs Harassment

never-in-doubt

If its council tax then yes, they have different powers (but cannot enter your home) so you need to call them and tell them to contact the council to update their records - do it asap!

Just speak to the council to get it sorted

Have a read here actually, speaks for itself: http://www.bailiffadviceonline.co.uk/counciltax_whathappensif.htm

aligerdie

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never-in-doubt

aligerdie wrote: »

However, if you have signed anything, or they have levied (legally) then there are only set charges they can add. I would strongly advise you to contact Herbie21.

We also have a bailiff or three on here thus the threads existence We try to let the help be seen by all, not PM's..... thanks all the same

aligerdie

never-in-doubt wrote: »

We also have a bailiff or three on here thus the threads existence We try to let the help be seen by all, not PM's..... thanks all the same

Ouch, sorry was only trying to help. I haven't read the whole thread.

Apologies for stepping in - my mistake.

never-in-doubt

aligerdie wrote: »

Ouch, sorry was only trying to help. I haven't read the whole thread.

Apologies for stepping in - my mistake.

Nooo please post it back again! I was only asking not to send PM's as this thread is really quite helpful and with Roberto and AN Other we do have a couple of the nasty people (bailiffs) but they are nice people lol (dig-a-hole) contributing and its handy to keep it all together if poss. Your advice was spot on

Please post it back again.... :beer:

JAMJK

Thank you for your responces.

Should i call the number the bailiff has left and tell him I have not made an appointment with him and do not wish him to call.

Should I quote the reference listed under "DOORSTEP VISIT". If the bailiff does attend I intened to have a vidio camera at the ready, what should i say to the bailiff to make mty position clear.

Many thanks

never-in-doubt

JAMJK wrote: »

Thank you for your responces.

Should i call the number the bailiff has left and tell him I have not made an appointment with him and do not wish him to call.

Should I quote the reference listed under "DOORSTEP VISIT". If the bailiff does attend I intened to have a vidio camera at the ready, what should i say to the bailiff to make mty position clear.

Many thanks

Ok,

Follow these steps -

1. Ring the council asap - like yesterday!

2. If the bailiff comes, just read the following to them, through the letterbox (make sure every door/window is locked!)

Please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you.

There is an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.).

Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

Goodbye

3. Ring the council

4. Did I mention, you need to ring the council.

Good luck, and remember to ring the council and also have a copy of their letter proving you're now in the clear and pass it through the letterbox to the bailiff. The bailiff has no powers whatever they may think, but once in your house thats a different story./

JAMJK

Thank you very much for you assistance, I am sorry to take up so much of your time on a Saturday. I find it astounding that a levy can be charged for by the bailiff when it is carried out through a letter box. As it is no signed and can never be enforeced without gaining entry it is of no use. This seems like gaining money under false pretences.

If you stonewall the bailiff and have no outstanding debt with the council, as in this case, what can he do to obtain the fees he claims are due.

never-in-doubt

JAMJK wrote: »

This seems like gaining money under false pretences.

Come on mate, this is bailiffs we're talking about here! Nothing legal whatsoever about them (90% of the time).... is that a little shy? Ok, 99.99999% of the time. They should all be called the real slim shady!

JAMJK wrote: »

If you stonewall the bailiff and have no outstanding debt with the council, as in this case, what can he do to obtain the fees he claims are due.

Nothing, do you owe anything to the council? No. Therefore his job is done and its upto the council to sort it, basically ring the council and tell them to get the shark off your back or you will sue them and him at the same time!

Don't go asking questions like this to the council and/or the bailiff! Just presume you paid the debt so it is now clear, simple. :T

JAMJK

Never - in - doubt.

I know for certain that no money is outstanding to the council, however I do not wish to leave the matter of fees unresolved with the bailiff. I would also like to know for certain if the bailiff is entitled to claim a fee for a levy carried out without entering the premises.

The ruling below has been posted on another forum were I raised the question. Is anyone in a position to confirm that this ruling would apply to any levy that has not been conducted from within the premises and wether there is a seperate ruling that does cover it.

I am sure that the bailiff who is trying to charge me, must be doing the same to others and I would like to establish if he could ever enforce such a charge.

EVANS v SOUTH RIBBLE BOROUGH COUNCIL (1991)



Background:
This case was an Appeal by a Community Charge payer against the decision of the Magistrates Court that had dismissed her complaint against the bailiffs that had levied on goods on behalf of her local authority: South Ribble Borough Council.

The bailiff had attended at Mrs Evans property for £341 of arrears. Mrs Evans was not at home when the bailiff visited, the bailiff then posted an envelope through her letter box containing a notice of Distress, a draft Walking Possession agreement signed by the bailiff and requiring Mrs Evan’s signature and return plus various other documents that explained the methods of payment, and the amount of the debt.

Mrs Evans did not return the Walking Possession; instead she sought legal advice about this method of seizure.


In his Judgment Mr Justice Simon Brown, reviewed the law and he concluded the following:

• “Once entry is made, very little in the way of seizure and impounding is required…...but there must in the first instance be an entry (into the property), thus: "it is my clear conclusion that external inspection and posting through the letterbox is a course of action insufficient to bring about the legal consequences of Distress”

And that: the process of distress consists ofthree stages;
· the entryinto the premises,
· the seizureof the goods
· the subsequent securing of the goods (generally called impounding)