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  • FIRST POST
    cardiffman
    Bailiffs & council tax complaint
    • #1
    • 26th Oct 12, 10:26 AM
    Bailiffs & council tax complaint 26th Oct 12 at 10:26 AM
    Good morning all,

    could really do with a bit of advice if possible.

    This morning we had a bailiff turn up for unpaid council tax from Swift.

    He was talking to my partner as it was in her name, she was just about to leave for work 06.50.

    She told him she didnt have the money untill next Wednesday when she was paid. To which he replied "well i will call the Police and a locksmith to gain entry and remove goods"

    At this point he went back to his car and say on the phone. I told my partner to go work and i will deal with it.

    She got in the car and went to reverse off the drive, he then reveresed his car back blocking the drive so she couldnt get out.

    I went out to his car opened his door and asked what his problem was. He then said "its nothing to do with you !!!!!!!!"

    I called the Police explaining the situation and they said they would send a car round.

    I stood at his car were he called me a !!!!!!!! a couple more times, he then asked me to move so he could shut his door. I said no not untill you move your car. He then said to me "lets sort this out between you and me around the corner" im a big bloke and he was very short so i just laughed at him. He then again said "c'mon me and you lets sort it" again i laughed at him.

    My partner came back out and said she would set up a payment over a number of months, he said ok but i need to come in the house for you to sign it as it is illegal to do it outside. At this point i told him he was talking crap and he either wants to sort it out or he dont. He said he wasnt talking to me, so i left my partner to sort out.

    He said he had done a DVLA check on the car and it was in my partners name which is crap as its in my name. I told my partner to let him levy on the car so she could get the agreement and go to work.

    This was all done and he !!!!!!ed off.

    If i made a complaint about him would i get anywhere? and also do i have to complain to Swift first?

    Thanks for your help guys and sorry its so long
Page 1
    • hallowitch
    • By hallowitch 26th Oct 12, 12:37 PM
    • 1,263 Posts
    • 1,012 Thanks
    hallowitch
    • #2
    • 26th Oct 12, 12:37 PM
    • #2
    • 26th Oct 12, 12:37 PM
    bailiffs lie and then lie again and when you complain to th council they will lie not me gov i didn't say/do that and the council will believe the bailiff every time if you must speak to the bailiff or swift please try and record the call

    can you tell us the approx auction vale of the car
    is the car on HP finance
    if you lived with your wife/partner at the time the debt occurred you may be jointly liable for the debt

    can you tell us the amount of the liability order and the fees charged on th notice of seizure

    is the bailiff certificated to swift

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

    There a few people on here that can help you with this i wont be on for a few days (going to a wedding and expect to have to a 2 day hangover ) but Will look in when i can to see how you are getting on

    I also recommend this site
    http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?168-Bailiffs-and-High-Court-Enforcement-Officers
    Last edited by hallowitch; 26-10-2012 at 12:41 PM.
    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
    • dancingfairy
    • By dancingfairy 26th Oct 12, 1:19 PM
    • 8,961 Posts
    • 7,344 Thanks
    dancingfairy
    • #3
    • 26th Oct 12, 1:19 PM
    • #3
    • 26th Oct 12, 1:19 PM
    Did the police actually arrive? Did you/your wife get any name of of a police officer attending/was there a crime reference number? I'm not 100% sure what crime was committed but clearly the bailiff has broken many bailiff rules etc.
    You definitely have a good complaint, it's merely going to be how many rules they've broken.
    Don't forget that you should also complain to the council as ultimately the council are responsible for the conduct of their agents (you can also pursue it as far as the local Goverment Ombudsman as well if necessary).
    I don't know enough to help you with the details /wording of your complaint but I'm sure others will help you.
    Best of luck
    df
    Making my money go further with MSE
    How much can I save in 2012 challenge
    75/1200
    • dancingfairy
    • By dancingfairy 26th Oct 12, 1:20 PM
    • 8,961 Posts
    • 7,344 Thanks
    dancingfairy
    • #4
    • 26th Oct 12, 1:20 PM
    • #4
    • 26th Oct 12, 1:20 PM
    Oh and I'd try and get an account statement off them as well as they may have added van fees, admin fees or any other variation on illegal/dodgy fees.
    df
    Making my money go further with MSE
    How much can I save in 2012 challenge
    75/1200
    • hallowitch
    • By hallowitch 26th Oct 12, 1:44 PM
    • 1,263 Posts
    • 1,012 Thanks
    hallowitch
    • #5
    • 26th Oct 12, 1:44 PM
    • #5
    • 26th Oct 12, 1:44 PM
    "From:
    My Name
    My Address

    To:
    Acme bailiff Co
    Bailiff House

    Ref: Account No: 123456

    Dear Sir

    With reference to the above account, Can you please provide me with a breakdown of the charges.

    This includes:
    a - the time & date of any Bailiff action that incurred a Fee.
    b - the reason for the fee.
    c - the name(s) of the Bailiff(s) that attended on each occasion a Fee was charged.
    d - the name(s) of the Court(s) the Bailiff(s) was/were certificated at.
    e - the date of the Certification.
    This is not a Subject access request under the Data Protection Act S7 1998 so does not incur a fee of £10. You are obliged to provide this information.

    I require this information within 14 days.

    Yours faithfully

    Ripped off customer"

    Also always advisable to ask the Council.
    1 - how many Liability Orders they have against you
    2 - the dates they were obtained
    3 - the addresses they were for
    4 - the period of time each covers
    5 - how much each one was for
    6 - how much is still outstanding
    7 - the dates they were passed on for enforcement
    Last edited by hallowitch; 28-10-2012 at 10:35 PM.
    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
  • cardiffman
    • #6
    • 26th Oct 12, 1:49 PM
    • #6
    • 26th Oct 12, 1:49 PM
    thanks guys

    police didnt turn up so when it was sorted i rang them and told them not to bother, just wish i was more awake as i would of taken the car off the drive and when he moved back i would of let him hit the car
    • UglyJoe
    • By UglyJoe 26th Oct 12, 2:42 PM
    • 27 Posts
    • 16 Thanks
    UglyJoe
    • #7
    • 26th Oct 12, 2:42 PM
    • #7
    • 26th Oct 12, 2:42 PM
    I called the Police explaining the situation and they said they would send a car round.
    Originally posted by cardiffman
    police didnt turn up
    Originally posted by cardiffman
    If your partner doesn't pay her council tax, she can't really expect to receive the service.
  • cardiffman
    • #8
    • 26th Oct 12, 2:53 PM
    • #8
    • 26th Oct 12, 2:53 PM
    If your partner doesn't pay her council tax, she can't really expect to receive the service.
    Originally posted by UglyJoe
    good point well put

    so if i see a little old lady being mugged i walk by because the police wont turn up if i call them hmmmm
  • ILW
    • #9
    • 26th Oct 12, 2:57 PM
    • #9
    • 26th Oct 12, 2:57 PM
    Why has teh CT not been paid?
    • Forwandert
    • By Forwandert 26th Oct 12, 3:09 PM
    • 1,073 Posts
    • 1,166 Thanks
    Forwandert
    Good morning all,

    could really do with a bit of advice if possible.

    This morning we had a bailiff turn up for unpaid council tax from Swift.

    He was talking to my partner as it was in her name, she was just about to leave for work 06.50.

    She told him she didnt have the money untill next Wednesday when she was paid. To which he replied "well i will call the Police and a locksmith to gain entry and remove goods"

    At this point he went back to his car and say on the phone. I told my partner to go work and i will deal with it.

    She got in the car and went to reverse off the drive, he then reveresed his car back blocking the drive so she couldnt get out.

    I went out to his car opened his door and asked what his problem was
    . He then said "its nothing to do with you !!!!!!!!"

    I called the Police explaining the situation and they said they would send a car round.

    I stood at his car were he called me a !!!!!!!! a couple more times, he then asked me to move so he could shut his door. I said no not untill you move your car. He then said to me "lets sort this out between you and me around the corner" im a big bloke and he was very short so i just laughed at him. He then again said "c'mon me and you lets sort it" again i laughed at him.

    My partner came back out and said she would set up a payment over a number of months, he said ok but i need to come in the house for you to sign it as it is illegal to do it outside. At this point i told him he was talking crap and he either wants to sort it out or he dont. He said he wasnt talking to me, so i left my partner to sort out.

    He said he had done a DVLA check on the car and it was in my partners name which is crap as its in my name. I told my partner to let him levy on the car so she could get the agreement and go to work.

    This was all done and he !!!!!!ed off.

    If i made a complaint about him would i get anywhere? and also do i have to complain to Swift first?

    Thanks for your help guys and sorry its so long
    Originally posted by cardiffman
    From your opening post and reply later about letting him hit the car. It's sounds a little like your where throwing your weight around yourself. The guy was doing his job why where you getting involved? Opening his door, blocking him from closing his door etc. As he quite rightly pointed out early on it was nothing to do with you. Your involvement sounds like it escalated the situation.
  • CAB National Representative
    Good morning all,

    could really do with a bit of advice if possible.

    This morning we had a bailiff turn up for unpaid council tax from Swift.

    He was talking to my partner as it was in her name, she was just about to leave for work 06.50.

    She told him she didnt have the money untill next Wednesday when she was paid. To which he replied "well i will call the Police and a locksmith to gain entry and remove goods"

    At this point he went back to his car and say on the phone. I told my partner to go work and i will deal with it.

    She got in the car and went to reverse off the drive, he then reveresed his car back blocking the drive so she couldnt get out.

    I went out to his car opened his door and asked what his problem was. He then said "its nothing to do with you !!!!!!!!"

    I called the Police explaining the situation and they said they would send a car round.

    I stood at his car were he called me a !!!!!!!! a couple more times, he then asked me to move so he could shut his door. I said no not untill you move your car. He then said to me "lets sort this out between you and me around the corner" im a big bloke and he was very short so i just laughed at him. He then again said "c'mon me and you lets sort it" again i laughed at him.

    My partner came back out and said she would set up a payment over a number of months, he said ok but i need to come in the house for you to sign it as it is illegal to do it outside. At this point i told him he was talking crap and he either wants to sort it out or he dont. He said he wasnt talking to me, so i left my partner to sort out.

    He said he had done a DVLA check on the car and it was in my partners name which is crap as its in my name. I told my partner to let him levy on the car so she could get the agreement and go to work.

    This was all done and he !!!!!!ed off.

    If i made a complaint about him would i get anywhere? and also do i have to complain to Swift first?

    Thanks for your help guys and sorry its so long
    Originally posted by cardiffman
    Hi Cardiffman - we'd recommend that you get advice from your local bureau on this. And, if you've got any letters from the council about alleged unpaid council tax, it would be useful to have them to hand when you ring and/or visit the bureau, so they can go over the details with you. And they can also help with your options for dealing with the bailiffs.
    ďOfficial CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe Iíve broken any rules please report my post to forumteam@moneysavingexpert.com as usual"
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