Bailiff Letter

Insomniac666

I've omitted the name of the enforcement officer for politeness...

RobertoMoir

Insomniac666 wrote: »

In all of my ignorance and brilliant advice i've received so far from this thread.. does this mean I'm going to have to bite the bullet about the fees?

From what i've read, I assumed they couldn't charge me for the levy as I don't own the vehicle I can send the Bailiff's the HP agreement for this.. what about this £125 Van charge? I'm not going to cry about the supposed visit charges or the cheque charge (obv)

All it means is that the person who replied to your complaint is a halfwit, and you need to keep on going up the ladder (or down, via councillor) until you find someone who has actually read the relevant laws and realises that they're going to be in deep crud if they try to enforce this debt via bailiffs.

I'd really get in touch with Herbie at this point too and discuss this thread and everything else that has happened.. I like to think I have a few useful remnants of skill and knowledge in this area from back when I used to be a bailiff but at the end of the day I'm an old worn out ford focus and Herbie is a brand new rolls royce, relatively speaking. the ford focus ain't exactly a bad car and will get you there in the end but the roller will probably be faster and give you a few less bumps on the way!

Charco_2

Sorry, what exactly did a van attend you for?

Have good been seized/levied?

Can i just turn up at your councils door with a van and tell them they owe me £125?

Surely there is a chronological order that needs to be adhered to!?

First Visit
Second Visit
Signed WPO/Levy whatever
Turned up and levied you goods for the cost of the outstanding bill AND to cover the costs incurred in involving the Bailiffs... ie £125 coz thy turned up with a van in the legal execution of their job where they took your possessions!

If it hasn't gotten as far as collecting your goods then it hasn't gotten as far paying £125

AM I WRONG????

Insomniac666

Well they've tried to put a levy against my wifes car which is on a hp agreement, the fact she's driving the car today, they either swapped it for an identical car (complete with slow puncture), or they realised they couldn't fit it in a van... and pretended to have seized it.

Insomniac666

RobertoMoir wrote: »

All it means is that the person who replied to your complaint is a halfwit, and you need to keep on going up the ladder (or down, via councillor) until you find someone who has actually read the relevant laws and realises that they're going to be in deep crud if they try to enforce this debt via bailiffs.

I'd really get in touch with Herbie at this point too and discuss this thread and everything else that has happened.. I like to think I have a few useful remnants of skill and knowledge in this area from back when I used to be a bailiff but at the end of the day I'm an old worn out ford focus and Herbie is a brand new rolls royce, relatively speaking. the ford focus ain't exactly a bad car and will get you there in the end but the roller will probably be faster and give you a few less bumps on the way!

I did PM Herbie but the inbox was full but not heard off her. should I send another, I'd love to get soemthing back to the enforcement officer without having to fill all my income and outgoings for him.

Insomniac666

oh.. and this email came from a "senior enforcement officer"

RobertoMoir

Insomniac666 wrote: »

I did PM Herbie but the inbox was full but not heard off her. should I send another, I'd love to get soemthing back to the enforcement officer without having to fill all my income and outgoings for him.

Herbie has a website, including a phone number (premium rate, but still) that you can use too.

You can go back to the enforcement officer now and tell them that they clearly mis-understood your first letter - you were not asking their opinion as to the legitimacy of their bailiff's charges, you were informing them that you knew they were wrong and you were/are making a formal complaint, and you'd appreciate it if they followed whatever proper procedure they have instead of sending you back a form letter that does precisely nothing to address the issues you raised.

Insomniac666

RobertoMoir wrote: »

Herbie has a website, including a phone number (premium rate, but still) that you can use too.

You can go back to the enforcement officer now and tell them that they clearly mis-understood your first letter - you were not asking their opinion as to the legitimacy of their bailiff's charges, you were informing them that you knew they were wrong and you were/are making a formal complaint, and you'd appreciate it if they followed whatever proper procedure they have instead of sending you back a form letter that does precisely nothing to address the issues you raised.

I'm writing in a formal letter now to the head of the section including a copy of the unsigned WPO and a copy of th wife's HP agreement, I'm going to again request charges dropped and the council take it back, I plan to copy in the enforcement agency and the body they below too the ACEA... should be fun.. now this is where it goes tricky as my wife knows the head of this department through his family... I hope he addears to confidentiality!! I'll let you all know how this goes, AGAIN!!

Charco_2

If he doesn't adhere to confidentiality he'll be in serious bother!

Insomniac666

Here's my letter.... comments? I'm posting it today as I missed the post office and want to send this recorded..

"Re: Arrears of Council Tax
Property: ***************

I am writing in response to an email received from Senior Enforcement Officer Mr B******, on the 17th November 2009, regarding the actions of Andrew James Enforcement, and charges applied to my account.

In my initial email to the Revenues department, I stated that the charges applied to my account by Andrew James, were unenforceable due to the reasons I have re-listed below. However, the response I received made me feel that this was simply a “standard reply” and not addressing my concerns and was simply agreeing with charges applied and referring me back to contact Andrew James. I must also point out in the same email, Mr B**** states he asked Andrew James Enforcement Ltd to refrain from further action, yet on the 19th November, I received a further request for payment from them.

Whilst on the matter of correspondence, I still do not have any proof of any prior “visits” made to my property by employees of Andrew James Ltd. until the supposed “third” visit where the levy was made.

I question the reason for Andrew James Enforcement Ltd to place a levy charge and a van attendance charge for the same visit on the 12th October, why was a van brought to the property before any levy was placed, this is also the same visit that an unsigned Walking Possession Order was posted?

I also question the content of their “Removal Letter” dated 6th of November, which states that they are due to come to my property with a van to remove goods and exercise a Magistrates Liability Order, but surely if they brought a van previously and “levied” a car, a van would not be applicable in this instance.


Cont…
I therefore request the following again:


1) The charge for the Levy and Van attendance is removed from my account. As it has been applied to a vehicle on a HP agreement (I have attached, a copy of my wife’s credit agreement for her car, which clearly shows she is not the owner of the vehicle.)

2) The charges for prior attendance removed unless proof of their visit can be attained.

3) The charge for handling my cheque payment, which regrettably bounced, whilst I appreciate there will be some cost for this; I feel £30 is too high, when normally a fee of around £10 is applied for returned cheques.

4) The debt is returned to ********* Council in order I may arrange a payment plan for the arrears.

Once I receive a satisfactory response to my above points and the question I have raised above I will look to arrange an affordable payment plan between ourselves in order to settle any outstanding monies. I have previously tried to come to an arrangement with Andrew James, only to be told that they would only accept a payment of 50% of the £511 outstanding amount within 2 days of the telephone conversation and would not accept my offer of a lower amount.

Yours sincerely....."