If a bailiff sees something from your window

hallowitch

www.hmcourts-service.gov.uk/CertificatedBailiffs

Is the bailiff certificated to the firm he is collecting for the list is not always 100/% accurate if he is not there or certificated to a different firm of bailiffs then phone Ministry of Justice Public Register of bailiffs on 020 3334 6355 to confirm his details


the car

If the car is used only for employment purposes then it is exempt if its not then it can be levied
however the value when sold at auction must cover all bailiff fees this being
1st and 2nd visit fees levy fee, attendance to remove fee, removal fee, storage fee, auction fee and a portion of the debt

the furniture
does the levy include the make size of TV , colour size material(leather etc) of sofa table wood ,glass
goods levied must be identifiable they cant just put TV sofa table

Jerryjerryjerry

hallowitch wrote: »

www.hmcourts-service.gov.uk/CertificatedBailiffs

Is the bailiff certificated to the firm he is collecting for the list is not always 100/% accurate if he is not there or certificated to a different firm of bailiffs then phone Ministry of Justice Public Register of bailiffs on 020 3334 6355 to confirm his details


the car

If the car is used only for employment purposes then it is exempt if its not then it can be levied
however the value when sold at auction must cover all bailiff fees this being
1st and 2nd visit fees levy fee, attendance to remove fee, removal fee, storage fee, auction fee and a portion of the debt

the furniture
does the levy include the make size of TV , colour size material(leather etc) of sofa table wood ,glass
goods levied must be identifiable they cant just put TV sofa table

Hi there. Yes, he's got the make of the TV. He's put Samsung 40". But he hasn't got material of sofa or anything else. He's just put dining table, chairs, armchair, sofa, side table. etc.

Jerryjerryjerry

The notice is at home, so I can't see it at the moment (i'm at work). But I have the mobile number of the bailiff that came to see me. Should I phone him, and tell him he acted illegally? And that I will now be taking him to court?

Jerryjerryjerry

hallowitch wrote: »

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)

I have cut and pasted this case and printed it out. Thank you.

hallowitch

Jerryjerryjerry wrote: »

The notice is at home, so I can't see it at the moment (I'm at work). But I have the mobile number of the bailiff that came to see me. Should I phone him, and tell him he acted illegally? And that I will now be taking him to court?

No you start by making a FORMAL COMPLAINT to the CEO of your council
you should find his name and e-mail address on the councils web site


how many liability orders does the bailiff have (wondering why he has levied x2)

Jerryjerryjerry

Tixy wrote: »

If he has never been in your property then he cannot have a levy on any possessions inside the house. He cannot levy through the window no.
If they have put a walking posession order through the letterbox to say they have levied on items he has seen through the window do not sign it and do write a letter of complaint.
http://www.bailiffadviceonline.co.uk/walking_problems.htm

Hi. I've just been on this website. And Its brilliant. Thank you.

Jerryjerryjerry

hallowitch wrote: »

No you start by making a FORMAL COMPLAINT to the CEO of your council
you should find his name and e-mail address on the councils web site


how many liability orders does the bailiff have (wondering why he has levied x2)

Ok. I will get writing the letter immediately. Thanks.

As to liabilities? it should be one. We owe (both my husband and I,) council tax. Unless its a separate issue for each one?

hallowitch

http://www.bailiffadviceonline.co.uk...g_problems.htm

you wont get better advice anywhere

RAS

Jerryjerryjerry wrote: »

But another inventory listing the car in the driveway. (paid for). (used for work by husband).

Used to get to work?
Used to undertake work (say area manager travlleing betqween sites)?
Used to work (taxi driver)?

Which?

Jerryjerryjerry

RAS wrote: »

Used to get to work?
Used to undertake work (say area manager travlleing betqween sites)?
Used to work (taxi driver)?

Which?

He has to visit different sites every day including a church, a community centre, different offices and his base office.. for which his is paid by his employer, mileage and claims of car parking tickets.