If a bailiff sees something from your window

Jerryjerryjerry

ok.. here is my letter. is this ok?

By Post & Email
F.A.O. Stephen Hughes
Birmingham City Council
Resources department (revenues and benefits)
PO Box 5
Birmingham
B4 7AB

[EMAIL="stephen_hughes@birmingham.gov.uk"]stephen_hughes@birmingham.gov.uk[/EMAIL]
[EMAIL="counciltax@birmingham.gov.uk"]counciltax@birmingham.gov.uk[/EMAIL]

Dear Sir

Re: Outstanding Council Tax –

I write to report with grave concern that one of your appointed bailiffs has acted illegally.

On Wednesday afternoon I came from work to find that I had a note in my letterbox informing me that the bailiff had “levied a number of my goods”! Not only that! But he hadn’t placed this notice in a SEALED envelope! Thus anybody and everybody has now seen it. It was just left, hanging in the letterbox – not even pushed down.
I have been speaking with a lawyer friend of mine today and I am told this is terribly bad practice on behalf of the bailiff, creating an invalid/illegal levy.
I would also attach a copy of the Evans –v- South Ribble Borough Council (1991) case for your attention.
This morning at approximately 7.30 am, without knocking, the same bailiff has tried to levy my husband’s car. Now, this car is used for work purposes only and documents can be produced from his employer to confirm this. He is paid expenses and mileage for daily use and would find it impossible to carry out his working duties without it.
So, I would like you to note the following:
1. Bailiff has acted illegally by looking through my window. He has never been given access to my property.
2. Bailiff has tried to levy a car which is used solely for work purposes.
3. Both notices were placed in between the letterbox in unsealed envelopes.
I await your response

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)

hallowitch

you have to add that the bailiff did not enter your property therefore you can only assume that the bailiff must have looked through the window

you also have to point out that there is only 1 liability order but the bailiffs has done 2 levies

you also have to head your letter FORMAL COMPLAINT (this is a must)

as this is Birmingham city council you should be made aware that Capita administrate there council tax the bailiff firm i assume is Equita (equita is part of the Capita group of company's ) you must also copy your letter to the ceo of the council and equita bailiffs

Jerryjerryjerry

hallowitch wrote: »

you have to add that the bailiff did not enter your property therefore you can only assume that the bailiff must have looked through the window

you also have to point out that there is only 1 liability order but the bailiffs has done 2 levies

you also have to head your letter FORMAL COMPLAINT (this is a must)

as this is Birmingham city council you should be made aware that Capita administrate there council tax the bailiff firm i assume is Equita (equita is part of the Capita group of company's ) you must also copy your letter to the ceo of the council and equita bailiffs

Thank you Hallowitch. I changed the letter to say I can only assume he looked through window. I pointed out 1 liability order / 2 levies. I wrote FORMAL COMPLAINT both on the postal envelopes and on the letter itself. I have as well emailed to council [EMAIL="tax@birmingham"]tax@birmingham[/EMAIL] as well as Stephen Hugues, who I believe is the CEO. I could only post Equita's letter as you have to fill in a silly form on their website. No names are given, so I addressed it to Managing Director?

I feel really good knowing i'm doing something positive about this, rather than cowering behind a sofa like I usually do. Thank you for your help. AND to all those who have helped and help a lot with a lot of things. This board is invaluable.

Tixy

Come back and let us know how you get on Jerry (and if you need more advice).

Jerryjerryjerry

Tixy wrote: »

Come back and let us know how you get on Jerry (and if you need more advice).

Ok. Tixy, I will do. I will keep you posted.

Tonight, i'm going to park my car at my friend's house which is a good 20 mins away and walk to it in the morning. It will be good exercise. Will do this for a few days at least, until I hear back from Council Tax/Equitta. etc.

I wont let these people bully me.

fermi

info@equita.co.uk allegedly gets through to their complaints dept if you address it to the complaints manager?

Obviously, send via post as well as a backup.

Jerryjerryjerry

Oh dear. I've just phoned the mobile phone number of the bailiff. (can't wait to check him out later when I get home and get his name). And he sounded like a thug - a 100% thug. He said, "I hope you enjoy driving that car, because before the end of next week, I will have clamped it". He said it with such satisfaction.

He also told me that the painter had let him in. (we have a painter in this week, painting the hallway, stairs and landing). The painter swears blind he didn't let him in. I don't know whether or not to believe the painter. Then again, why would the Bailiff, once in the house, not have gone upstairs? Its all very confusing.

I'm really shaken up, after having spoken to that thug. He was so menacing.

hallowitch

the bailiff didn't go up the stairs because most of the goods up there are exempt from seizure

If the bailiff had a valid levy why did he levy the car please please don't speak to this bailiff unless you can record the call

If you can afford it go and buy a cheep recording device on your way home from work (if you cant record on your mobile phone)


Birmingham city have had loads of complaints regarding there bailiffs and they are not the easiest to deal with google http://www.google.co.uk/#pq=birmingham+council+jobs&hl=en&sugexp=gsis%2Ci18n%3Dtrue&cp=26&gs_id=2n&xhr=t&q=biriminghm+council+equita&pf=p&sclient=psy&rlz=1R2GGLL_en-GBGB399&source=hp&pbx=1&oq=biriminghm+council+equita+&aq=f&aqi=&aql=&gs_sm=&gs_upl=&bav=on.2,or.r_gc.r_pw.&fp=b52565719a354932&biw=1024&bih=498

Jerryjerryjerry

hallowitch wrote: »

the bailiff didn't go up the stairs because most of the goods up there are exempt from seizure

If the bailiff had a valid levy why did he levy the car please please don't speak to this bailiff unless you can record the call

If you can afford it go and buy a cheep recording device on your way home from work (if you cant record on your mobile phone)


Birmingham city have had loads of complaints regarding there bailiffs and they are not the easiest to deal with google http://www.google.co.uk/#pq=birmingham+council+jobs&hl=en&sugexp=gsis%2Ci18n%3Dtrue&cp=26&gs_id=2n&xhr=t&q=biriminghm+council+equita&pf=p&sclient=psy&rlz=1R2GGLL_en-GBGB399&source=hp&pbx=1&oq=biriminghm+council+equita+&aq=f&aqi=&aql=&gs_sm=&gs_upl=&bav=on.2,or.r_gc.r_pw.&fp=b52565719a354932&biw=1024&bih=498

Thank you. I wont ring him again. Once was enough. I don't know why he came back again this morning to do the 2nd levy. You're right. Why would he do that?

I feel gutted that he has been in my house. I am very angry with the painter not only for letting him in, but for lying point blank. I'd rather he have said, he didn't know who he was, and thought he might be a friend so let him in. Rather than lie and make us look like idiots.

Oh what a mess. I am so so upset.

I don't think I can sleep in a house knowning that some thug can break in at any time and take my sofa, chair, dining table, chairs and tv.

happycamel_2

Re you letter. If you haven't sent it already then take out the exclamation marks. Generally, they aren't used in professional or formal letters and make the reader feel they are being shouted at, which is probably not the best idea if you want him to help you. All the best...