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defaulted on paying bailiffs and now they are coming to take items next week

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Comments

  • well haven't come back yet,council was going to give me a call yesterday so watching for one today...
    bailiffs have now given 2 different amounts lol both wrong
  • matttye
    matttye Posts: 4,828 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Debt-free and Proud!
    Bedsit_Bob wrote: »
    They cannot force their way in.

    Nor can they prevent you from closing the door, eg. by putting their foot in the door.

    I know this doesn't apply to this thread, but just for the avoidance of doubt, bailiffs collecting criminal fines for the magistrates court CAN force their way in and restrain you but can't use unnecessary force.

    Some bailiffs also have powers of arrest if granted by the court.
    What will your verse be?

    R.I.P Robin Williams.
  • hallowitch
    hallowitch Posts: 1,286 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    they have listed 5 items but one is my sofa which is actually my bed(they know this)along with a TV, table and chairs, computer tower and this was for a £1000 debt

    your levy is not worth the paper its written on

    Table 6 chairs sofa bed should not have been levied and your bailiff knows this

    the TV and computer tower are the only things that should have been put on the notice of seizure
    however the bailiff needed to bulk out his levy to make it look good as goods levied MUST cover ALL bailiff fees including removal fees storage fees auction fees and a portion of the debt
    if the debtor has no or not enough goods to levy the debt should have been returned to the council as Nula Bona (no goods)

    you need to make a formal complaint to the ceo of the council as it clear the bailiff have levied goods to increase his fees not to secure goods against the debt and has put exempt goods on the levy

    If necessary take this all the way to the ombudsman as the levy and assonated fees should be removed from this account
    I am not an expert I am self taught i have no legal training any information I post is based on my own personal experience and information gained from other web sites


    If you are in any doubt please seek legal/expert advice help
  • matttye
    matttye Posts: 4,828 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Debt-free and Proud!
    hallowitch wrote: »
    they have listed 5 items but one is my sofa which is actually my bed(they know this)along with a TV, table and chairs, computer tower and this was for a £1000 debt

    your levy is not worth the paper its written on

    Table 6 chairs sofa bed should not have been levied and your bailiff knows this

    the TV and computer tower are the only things that should have been put on the notice of seizure
    however the bailiff needed to bulk out his levy to make it look good as goods levied MUST cover ALL bailiff fees including removal fees storage fees auction fees and a portion of the debt
    if the debtor has no or not enough goods to levy the debt should have been returned to the council as Nula Bona (no goods)

    you need to make a formal complaint to the ceo of the council as it clear the bailiff have levied goods to increase his fees not to secure goods against the debt and has put exempt goods on the levy

    If necessary take this all the way to the ombudsman as the levy and assonated fees should be removed from this account

    Just to confirm what hallowitch is saying:

    https://www.gov.uk/your-rights-bailiffs/what-you-can-do-when-a-bailiff-visits

    "They can’t take:

    things you need - eg your clothes, cooker, fridge, furniture or work tools"
    What will your verse be?

    R.I.P Robin Williams.
  • hallowitch
    hallowitch Posts: 1,286 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    this is the legislation you can quote to the council

    http://www.legislation.gov.uk/uksi/1993/773/made



    The Council Tax (Administration and Enforcement) (Amendment) (No. 2) Regulations 1993


    Distress


    5. In regulation 45, after paragraph (1), there is inserted the following paragraph—

    “(1A) Without prejudice to paragraph (8) below, no person making a distress shall seize any goods of the debtor of the following descriptions—

    (a)such tools, books, vehicles and other items of equipment as are necessary to the debtor for use personally by him in his employment, business or vocation;

    (b)such clothing, bedding, furniture, household equipment and provisions as are necessary for satisfying the basic domestic needs of the debtor and his family.”.
    I am not an expert I am self taught i have no legal training any information I post is based on my own personal experience and information gained from other web sites


    If you are in any doubt please seek legal/expert advice help
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