Bailiff Charges!

nern

RAS wrote: »

he can attend with a locksmith, but you can stop this if you get the levy overturned.

Ok thank you for your input

RAS

The problem you have at the moment is that the bailiff has added loads of charges, some of which are not legal.

He will use any money you pay him to cover those charges, before he pays a penny towards the original debt. And he can use his levy to add more charges. This is the sort of thing that someone (OFT?) has decalred unacceptable this or last week.

So if you pay something towards the debt, the Council can see willing.

The aim is

1. Get the levy revoked
2. Get the charges reduced
3. Get the Council to take the debt back in-house if possible.

hallowitch

the rights of re-enter are very clear and the bailiff would have to send you a letter giving the time and date of re-entry (and i don't mean sticking a note through your door saying i will be there today/tomorrow at xx time to remove you goods ) if you refuse him entry or you are not at home he can get a locksmith to open the door for him

In your case i would say its not going happen as the goods levied (some are exempt from seizure) will not cover all bailiff fees to include removal fees. storage fees auction fees , and a portion of the principle debt

dining room table (exempt)

& chairs, (they must leave you one chair)
wardrobe, (exempt)

tumble dryer, (exempt)

1 x sofa,

tv
microwave.

you are going to have fight your corner to get the levy fee and attendance to remove fee removed from your account but it can be done

what council and bailiff firm are you dealing with

is the bailiff certificated to the bailiff firm thats collecting the debt

http://certificatedbailiffs.justice.gov.uk/CertificatedBailiffs/

nern

hallowitch wrote: »

the rights of re-enter are very clear and the bailiff would have to send you a letter giving the time and date of re-entry (and i don't mean sticking a note through your door saying i will be there today/tomorrow at xx time to remove you goods ) if you refuse him entry or you are not at home he can get a locksmith to open the door for him

In your case i would say its not going happen as the goods levied (some are exempt from seizure) will not cover all bailiff fees to include removal fees. storage fees auction fees , and a portion of the principle debt

dining room table (exempt)

& chairs, (they must leave you one chair)
wardrobe, (exempt)

tumble dryer, (exempt)

1 x sofa,

tv
microwave.

you are going to have fight your corner to get the levy fee and attendance to remove fee removed from your account but it can be done

what council and bailiff firm are you dealing with

is the bailiff certificated to the bailiff firm thats collecting the debt

http://certificatedbailiffs.justice.gov.uk/CertificatedBailiffs/

I will pm you details

nern

hallowitch wrote: »

the rights of re-enter are very clear and the bailiff would have to send you a letter giving the time and date of re-entry (and i don't mean sticking a note through your door saying i will be there today/tomorrow at xx time to remove you goods ) if you refuse him entry or you are not at home he can get a locksmith to open the door for him

In your case i would say its not going happen as the goods levied (some are exempt from seizure) will not cover all bailiff fees to include removal fees. storage fees auction fees , and a portion of the principle debt

dining room table (exempt)

& chairs, (they must leave you one chair)
wardrobe, (exempt)

tumble dryer, (exempt)

1 x sofa,

tv
microwave.

you are going to have fight your corner to get the levy fee and attendance to remove fee removed from your account but it can be done

what council and bailiff firm are you dealing with

is the bailiff certificated to the bailiff firm thats collecting the debt

http://certificatedbailiffs.justice.gov.uk/CertificatedBailiffs/

I am more than happy to fight my corner but I have no clue as to where to start. How do I get those fee's removed? Time is running out for me as I'm sure I will get a letter in the next few day telling me when they intend to re-enter.

nern

RAS wrote: »

The problem you have at the moment is that the bailiff has added loads of charges, some of which are not legal.

He will use any money you pay him to cover those charges, before he pays a penny towards the original debt. And he can use his levy to add more charges. This is the sort of thing that someone (OFT?) has decalred unacceptable this or last week.

So if you pay something towards the debt, the Council can see willing.

The aim is

1. Get the levy revoked
2. Get the charges reduced
3. Get the Council to take the debt back in-house if possible.

How do I get the levy revoked and the charges reduced?

nern

I have written an email to the council this morning asking if they will take my debt back. I think I left it too late to ask for help on here and I will probably end up loosing my furniture and still have a huge debt hanging over my head for many years to come.
My message is: seek help as soon as the problem arises. Don't think it will go away. You will end up loosing everything. And most important DO NOT LET THE BAILIFFS INTO YOUR HOUSE!

dancingfairy

Have you pmed Hallowitch the details? Have youchecked whether the bailiff is certified ornot?
You willneed to write and complain to the council and the bailiffs that the levyis invalid.
This is due to:
1) they have levied on itemswhich are not meant to be onb there.
2) the value of the items is not going to cover the value of the liability order
3) the bailiff maynot be certified?
4) the charges may be incorrect.

Go to national debtlines website and readthe factsheet on council tax regarding the feeswhich can and can't be charged.
Hallowitch should send you a letter tosendout.
Keep calm.
df

dancingfairy

What have you said to the council sofar?
df

dancingfairy

Not too sure they would tryaand enforce an invalid levy with insufficeint goods tobe honest. It's morelikely a scare tactic,but if they did they could find themselves inmore trouble. Frankly your old furniture is not really ofany interest to themand they don't really want the hassle of collecting it, storing it, trying to sell it etc (apart fromtheycancharge you morefees) when they could have cash. That's what they actually want and it's used as a means to apply pressureto you tofind the money.
Keep calmand seehowyour email to the council goesdown. Haveyou cc'd inthe bailiffs at all?
df