help with bailiffs please

cozzierep

RAS wrote: »

Ok

So they have done a levy and think they can charge for this. They also think they have her over a barrel so to speak.

YOU need to write to them and advise the that you are the owner of the cars and the levy is invalid.

Do pm hallowitch if you can.

i wont have time to write to them mate, they are expecting the £170 today that she hasnt got, but i aint worried about my cars cus they cant touch them anyway, just need to know what she can do cus she cant afford to give them the £170 and obviously dont want them to take her stuff either,

what shall i say to hallowitch if pm her mate?

thanks

RAS

cozzierep wrote: »

i wont have time to write to them mate, they are expecting the £170 today that she hasnt got, but i aint worried about my cars cus they cant touch them anyway, just need to know what she can do cus she cant afford to give them the £170 and obviously dont want them to take her stuff either,

what shall i say to hallowitch if pm her mate?

thanks

In that case

1. Can you photocopy the log book and stick a copy in the windscreen of both cars? Until you have got the rest sorted out.

2. text the bailiff and tell them that both cars belong to cozzierep who does not owe the debt.

Follow up with a letter, first class tomorrow. Post two from different post offices, with certificates of posting. Cheapest option and accepted by courts as proof of service.

sgtbush

RAS wrote: »

Garbage.

If they try to levy on either car, then the OP can advise that s/he is the owner and the levy is invalidated.

1st point-- is the person whos cars they are married to the debtor?
if so yes they can be siezed

2nd point you also need a bill of sale with the registration document to prove the cars are not the debtors. as it states on the reg doc, THE REGISTERED KEEPER MAY NOT BE THE LEGAL OWNER.

this is for the court to decide so they may still be siezed if proof cannot be established at the time of the bailiffs visit

RAS

cozzierep wrote: »

i wont have time to write to them mate, they are expecting the £170 today that she hasnt got, but i aint worried about my cars cus they cant touch them anyway, just need to know what she can do cus she cant afford to give them the £170 and obviously dont want them to take her stuff either,

what shall i say to hallowitch if pm her mate?

thanks

Ask hallowitch to look at this thread.

and e-mail Jacob's on [EMAIL="info@jacobsbailiffs.co.uk"]info@jacobsbailiffs.co.uk[/EMAIL]

sgtbush

to make it clear to the OP

a bailiff cannot force entry for council tax arrears
you need proof that the cars are yours including bill of sales (re-read post #34)
a bailiff cannot levy when looking thru windows just by looking, but will try all routes of entry to your property, door, back door open window etc.
if the back door is open or window is open and he climbs thru it ( let me say that if your window is open and he has his hand/arm/leg over the thresh-hold that is classed as peaceful entry)and he can just walk in, this is known as implied entry and is legal.
once inside he will levy all goods unless it can be proven on the spot that goods do not belong to debtor by way of recipt AND if paid for on debit card- a bank statement. joint owned property can be siezed.
if proof cannot be established at the time then you need to go to court with proof within 7 days to prove ownership. this is known as REPLEVLIN

once the bailiff has made a peaceful entry you cannot ask him/her to leave, get in their way or push them out your house. they will just call the police and you would run the chance of bieng arrested for assault and obstruction.

once inside any locked doors and cubords can be forced open
once a levy is made, up to you if you sign it or not- it dont matter,
then the goods belong to the crown, they are not yours, you cannot remove them or sell them.
if you do you will be arrested for Torts (Interference with Goods) Act 1977
the bailiff can now force entry to your home anytime, with or without you bieng their.
if their are not enough goods to levy or an arrangement cannot be made it will be returned to the council as un-enforcable

i hope this makes things clear for you
i dont sugar coat replys, you need all the facts so you can make an informed decision in what to do next

RAS

OP

[text removed by MSE Forum Team]

The liability order was issued months ago for instance.

You can get a solicitor to witness a Statutory Declaration tomorrow for about £5-10 if you want. That means that all your goods listed on it are secure against bailiff action. Will post a link to one in a mo.

If the bailiff cannot levy or the goods are insufficient they SHOULD return the debt to the Council, but very often do not based on the posts on this forum.

Why - because they prefer to bleed you for the fees (which they pay themselves before they pay any money to the Council) and to make you pay for fees to which they are not entitled and may even not be lawful.

Your friend can probably pay money direct to the Council as this will reduce the debt to the Council. Then argue about the fees.

Then try and get the debt returned as unenforceable by bailiff action.

I aso think your friend needs to find out who her local councillor is and to go and see them this week if possible (most have weekly surgeries). That may enable her to get her previous CTB claim accepted based on new documents and massively reduce her debt.

cozzierep

RAS wrote: »

In that case

1. Can you photocopy the log book and stick a copy in the windscreen of both cars? Until you have got the rest sorted out.

2. text the bailiff and tell them that both cars belong to cozzierep who does not owe the debt.

Follow up with a letter, first class tomorrow. Post two from different post offices, with certificates of posting. Cheapest option and accepted by courts as proof of service.

yeah mate can photocopy the logbooks and put them in the window, she told the bailiff when phoned them that the cars aint hers and he said he will do checks, if he has then he will know that the cars dont belong to her anyway,

and do you mean write a letter to equita and tell them that the cars dont belong to her?

but what can she do to get them off her back?? he obviously cant touch my cars and he hasnt got a chance of getting in her house anyway cus of the dogs, (its a dogs nature to protect its owner) but obviously she dont want to make a scene outside for the neighbours to see,

if stop them getting in will they just send it bk to the councill or what is the nxt stage they will go to??

what is her and my rights as the owner of the property they are trying to get?? if he puts a clamp on MY car would i get done if i cut the clamp off as its my property and havnt gave permision for it to be put on there?? and what would happen if he walked into her house and the dogs did attack him as the dog is obviously protecting its home and owner?? obviously dont want it to go that far but i defo wont feel threatened by him like he has tried with her,

she aint refusing to pay it she just cant pay the sum he wants in 1 go,

what if she made an internet payment to equita? that way it shows that she aint refusing to pay it??

thanks

cozzierep

sgtbush wrote: »

1st point-- is the person whos cars they are married to the debtor?
if so yes they can be siezed

2nd point you also need a bill of sale with the registration document to prove the cars are not the debtors. as it states on the reg doc, THE REGISTERED KEEPER MAY NOT BE THE LEGAL OWNER.

this is for the court to decide so they may still be siezed if proof cannot be established at the time of the bailiffs visit

both cars are registerd in my name and insured under my name, and we aint married either mate,

sgtbush

basically yes, can i ask are you and the debtor married or in a civil partnership or you have no connection like that?
remember they can go in your back garden and levy things their too

remember if you cannot prove the cars are yours by reg doc AND bill of sale, they will be levied, as long as their is no HP on them but its dodgy ground for the bailiff to levy if you have your reg doc, it depends on him/her
anyways if they were levied, all you do is prove it to the courts, no biggie, and they will be removed from the levy

CIS

if their are not enough goods to levy or an arrangement cannot be made it will be returned to the council as un-enforcable
the council will then apply for a liability order, basocally you get a summons to appear in front of a judge and the courts decide what happens

A couple of points - the Liability Order has already been granted, the summons would be for a committal hearing.

The council don't have to go for committal, they can try another bailiff, bankruptcy, issue a charging order or go for an attachment of benefit/earnings.