Baliff Issues - Advice needed please

Brit-Wifey

Sorry - yes Culex is correct. Surely they won't be allowed to take it?

Brit-Wifey

Thank you RAS!

RAS

Here is hallowitch's letter/e-mail





In the meantime send them this
Name
Address
Equita Ref: Account No: 123456
Council Ref No: 435672
Date
Dear Sir,
With reference to the above accounts, please provide me with a breakdown of all fees charged and payments made for the above account
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.
National Standards for Enforcement Agents state that if a written request is made an itemised account of fees will be provided.
Please provide the information requested within 7 days of this E-mail /recorded delivery letter
Yours faithfully
Ripped off customer"

Culex

Brit-Wifey wrote: »

If they turn up what should I do??

Do NOT let the oafs inside, even if one of them is hopping from one foot to another and declaring that his bladder is about to burst.

Garlic and crucifixes might repel vampires that have already been admitted to your house, but the !!!!!s who act as bailiffs are much, much worse - if you admit them once, for any reason, they may legally re-enter at any time afterwards and may even use force or break in if necessary.

Keep your shed(s) locked, keep your windows closed and do not even open a door to the varmints.

I really don't want to get arrested......

You won't be.

Culex

Brit-Wifey wrote: »

Sorry - yes Culex is correct. Surely they won't be allowed to take it?

Not if you tell the oafs it is leased.

Get the Motability agreement photocopied and stick a photocopy to a side window. Leave a note, clearly visible from outside the car, on both the top of the dashboard and the rear parcel shelf, stating that the car belongs to Motability Finance Ltd and has been leased by a person with disabilities to whom it is vital. Direct their gaze to the Vehicle Excise Duty ("Road Fund Tax") disc, which should bear the word "nil" where the cost of the disc would normally be.

Brit-Wifey

Thank you all so much! I feel better knowing all of this. Woke up this a.m with migraine & flu (day 4) to find ANOTHER letter.......thought I was going to have a heart attack.

Gonna get this letter out tomorrow (to the vermin), email the council etc and pay them off on Friday (online) & then see what happens. I have to say I am outraged at the council for not telling us about court etc.... That scared me as well. I know in the states, if you are to appear in court & don't they issue a bench warrant & you do go straight to jail! I've never been to court here or there, thank God! Just had visions of me being hauled off. Again, thank you all for your help. I'll update as soon as I know anything.

Culex

Brit-Wifey wrote: »

Yes, we always pay online, but the lady at the council that I spoke to said that I would have to deal with Newlyn, that they would NOT accept a payment.

She is wrong - the law says otherwise!

(3) If, before any goods are seized, the appropriate amount (including charges arising up to the time of the payment or tender) is paid or tendered to the authority, the authority shall accept the amount and the levy shall not be proceeded with.

That should be plain enough for even a council employee to understand.

Culex

Brit-Wifey wrote: »

Gonna get this letter out tomorrow (to the vermin), email the council etc and pay them off on Friday (online) & then see what happens. I have to say I am outraged at the council for not telling us about court etc.... That scared me as well. I know in the states, if you are to appear in court & don't they issue a bench warrant & you do go straight to jail! I've never been to court here or there, thank God! Just had visions of me being hauled off. Again, thank you all for your help. I'll update as soon as I know anything.

Get in touch with your local councillor and, if s/he belongs to the ruling party on your local council, get in touch with the leader of the opposition party too, so the matter cannot be quietly ignored.

Talk up the matter of your disabilities - you'll probably not need to exaggerate much, if at all - but make sure that s/he or they are fully aware of your problems.

Tell them that contrary to the law, the woman at the council seemed to have refused payment and ask if that is really a fit way to treat someone with disabilities.

Tell them that the council had been informed of your change of address, yet nothing at all had been sent to you prior to the letters from Newlyn, thereby incurring more cost and worry to you as a result of the maladministration by the council. If the councillors cannot (or will not) get the charges for the liability order removed from your account, make a complaint to the Local Government Ombudsman.

The thought has also occurred to me that you may be entitled to Council Tax Benefit because of your disability. Have you ever looked into that?

dancingfairy

Hi - they certainly should have told you it was going to the magistrates court. They should have mentioned it when you set up a payment arrangement as well.
What I meant about protecting yourself is a) do not let the bailiffs in under any circumstances what so ever as they will hit you with more charges and can then break in when they return if you are not there. They can't break in unless you have let them in previously.
b) I was concerned that the bailiffs may attempt to levy on your car and charge large fees for this also - it appears that as you do not own the car there is no need to worry on this one if it is merely leased.
There is absolutely no way you are going to prison for this debt - you would have to be seriously obstructive and refused to pay anything at all or just completely clueless for that to happen although the bailiffs might try and persuade you otherwise.

Re the bailiff fees - I was under the impression that they can charge for a maximum of 2 unsuccessful visits - now we are assuming that they have never been near your house but they might try and con you into paying these fees which are around 42/43 pounds - this is the absolute maximum they can sting you for (unless you let them in of course).
Best of Luck getting this sorted.
df

Brit-Wifey

Thanks Culex! Do you have a link to that law or code etc?? I am writing a letter to the council to complain about not being notified about court etc and I'd like to include that! My husband always asks me why I feel it necessary to get the name of the person that I am speaking to on the phone! lol (DUH!) I am OCD with things like this, just incase!
I've got the very rude council womans name - so I will be adding that to my letter as well.
You guys are all great !