Urgent bailiff help please.

hallowitch

He hasn't actually yet levied against my car as i haven't been home on the occasions that he has visited, can he still clamp/take or levy it? the bailiffs are Rossendales.


yes he can unless its on HP finance

your best bet is to keep it well away from your house do it tonight as you could get up for work and find it clamped don't park it near your house at all as long the bailiff doesn't get a levy they are powerless (your levy is no good its unlawful) don't let them get the car

needtofightback

Hi Drew
My d-i-l had her car clamped at 6am & was woken by the bailiff hammering on the door. He then handed her some paperwork (not sure what) giving her 24 hrs to pay or he would come back & sieze the car. She explained she needed it for work but it made no difference. In the end her mum paid on a cc for her & he came back & removed the clamp that evening. He was from Rossendale's.

Not trying to frighten you but just make sure the car is away from home until you get it sorted. This company are ruthless! Good luck

drew11

let me thank you all for your kind replies.
with help from you guys i have sent this email to Rossendales..

To whom it may concern, I am writing to inform you that in reference to the account in question I will not be allowing access to remove the goods levied as they have no value and when sold at auction they will not even cover the bailiffs fees, I quote the Detailed Assessment Judgement of Throssell v Leeds City Council where the District Judge ruled as follows:
Items should only be removed if the proceeds of sale provide that there would be a surplus available to the liability order after deductions for the bailiff fees, removal storages and auctioneers fees.
Im very concerned as I only today have I been informed by my wife of this situation and feel that she has been threatened into paying beyond our means, I feel the only reson for the levy was to increase the bailiff fees because they have no value and the debt should have been sent back to the council as Nulla bona.
My wife has been receiving medical help for depression and is what i would deem as being 'vulnerable', the pressure from the bailiff who visited has not helped her depression at all.
I will be sending a copy of the levy to the council and making a formal complaint against the bailiff.
I am willing to make an offer of payment to you of £50 per month commencing from the 01/11/10 and only by standing order. This is the most i can afford to pay.
If this is not acceptable please return my account back to the council.
I would also like to request a breakdown of charges to enable me to update myself with current information.
Yours faithfully
Drew.

Lets hope that they get this email before he returns and they take notice of it, I have no way of paying him tomorrow and do not own a credit card to even consider using.
I will move my car tonight.
your help has been much appreciated thanks again.
drew.

hallowitch

good letter remove your name from the post bailiffs read these posts

drew11

hallowitch wrote: »

good letter remove your name from the post bailiffs read these posts

DONE!!
do they really??

fatbelly

drew11 wrote: »

the bailiffs are Rossendales.

What a surprise!!

IIRC Rossendales have a sheet of information that they post. One of the items concerns 'insufficient goods' and says something like 'if we find insufficient goods to cover the balance owed, we will return the warrant to the council.

If you can find that paragraph, it's worth quoting it back to them.

Hallowitch - you're quoting some useful information on this thread. Where are you accessing it from? (pm me if you don't want to go public)

drew11

can they do another levy if they have already levied once?

ilovebanksMCMLXXXI

A close family friend was in a very similar situation to you; he 'sold' all his goods to his father for a nominal fee. A full invoice was supplied and the money was paid by his father into his bank account.

He could then prove the items had been sold and were no longer his.

Whilst I do not know the legalities of this course of action I can assure you that when the bailiff returned and was confronted with this information he left with nothing.

Best of luck

hallowitch

drew11 wrote: »

can they do another levy if they have already levied once?

not in the sense that they can add another levy fee but if they re-enter the property the can remove goods not on the levy

drew11

hallowitch wrote: »

not in the sense that they can add another levy fee but if they re-enter the property the can remove goods not on the levy

so even though he didnt levy my car he could still clamp/take it?