Some success, and so far so good

Tell us how you beat the bailiffs.
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sapperx
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Joined: 23 Apr 2014 18:27

#1 Some success, and so far so good

Post by sapperx » 09 May 2014 07:32

A bit of distance between me and bailiffs, but wondering how to stop bailiffs from harassing my family at an address that is not mine.

I took the following steps a few years ago after working out a few things from other forums, and followed this up to date with other actions:

After being overloaded with debt a few years back I got myself a mail collection address and transferred all my mailing info (including electoral roll as a 'locally connected but No Fixed Abode') to it 2 years ago just before I got the first of 2 CCJs. I am in the lucky position that my wife owns the home and I have never had financial dealings with the family assets, I lost my own house to repossession 7 years ago now after disastrous career move and have simply let the various creditors gradually move towards court action. I may go bankrupt some day when I feel certain that no interest can be claimed in the family assets, I could probably do that now but it's 700 quid and as long as bailiffs don't cause me sleepless nights I'll carry on - and in any case I kind of want to confront them, I hate bullies especially now they have approached my wife I feel like a fight...

Recently, a bailiff went to my wife's address. Despite me communicating with court and creditor via my mail collection address the court continues to send letters to my wife's address. I have written to them asking 'why I have not received copies of judgements, are they using my correct address?', and they then send the letters to my wife's address again.

So a bailiff turned up demanding to know where I lived, my wife told him 'not here' he has an address in London. Nothing here belongs to him. To which he threatened "We'll be back here to collect, he is 'listed' as living here." I am not listed as 'living' anywhere. I have an address (an address being no more than a point of communication).

So, question 1: How do I get them to communicate with me at the mailing address. It's not a PO box, it is a genuine office servicing company that handles all my mail legitimately and HMRC approved etc. I reckon they don't want to since it may put a block on enforcement action?

Question 2 (you have already answered in another thread to send an affidavit of ownership but the link to affidavit seems broken? https://www.dropbox.com/s/nct4t4elvcbd1 ... ehicle.rtf I will send that as soon as I can get it.
Details for others to read: My wife bought a car (and has a receipt) from a third party (who we know and who can verify the transaction too) but for insurance reasons I am the keeper and insurer since she lets me use it from time to time. It was cheaper that way, kind of weird that a lady driver with double the premium to me a serial crasher, but I digress. I have written to creditor and cc'd the court letting them know that this vehicle is not mine and that my wife has a receipt for its purchase. A copy of the receipt is kept in the glovebox just in case. It is kept off road almost always.

Question 3: My van, solely used and owned by me, insured as commercial, full of tools, are my only possessions. The van is nearly always kept off road. I have notified them of this also, in the same letter. Again, is this sufficient? Are there any other steps I could take (eg, informing bailiffs directly?) to avoid a lot of hassle?

Any other steps I could take to A- keep their ugly faces away from me? B- Get them in a position where I can have bailiffs paying me? I promise to send you a good proportion of anything gained.

My lessons learned. Being proactive and taking avoiding actions have avoided me having to deal with brutes in any serious way so far. Some of you may consider using a mailing address, what are your thoughts people.

Thank you for this forum, it is so positive and filled with clear legal advice.

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jasonDWB
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#2 Re: Some success, and so far so good

Post by jasonDWB » 09 May 2014 08:09

1. You write to them saying this is your service address and mail sent elsewhere is not delivered. That deals with any question about service of documents under section 7 of the interpretation at 1978.

2. I am working on fixing the Dropbox links problem because it's the only way I can give free templates that are the most up to date when answering forum questions from a mobile device.

3. Your van is exempt goods because it is used in your employment. If a bailiff interferes with your livelihood then the creditor is live for everything. See regulation 4 of the Taking Control of Goods Regulations 2013 and for creditor liability for enforcement agents acting on their behalf, see guideline 7 of the Taking Control of Goods: National Standards 2014

To stop Bailiffs interfering with your van on the street , change the number plates but it's an £80 DVLA assignment fee
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sapper
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Joined: 05 May 2014 06:37

#3 Re: Some success, and so far so good

Post by sapper » 10 May 2014 08:09

Thank you I will do those, very reassuring to be able to quote those Acts.

Regarding number plates, if they are changed why wouldn't that be updated via DVLA?

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jasonDWB
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#4 Re: Some success, and so far so good

Post by jasonDWB » 10 May 2014 09:55

They are updated by DVLA but not on any database used by ANPR vans looking for unpaid PCNs. They are supplied by the councils and it doesn't provide the address of the keeper.

Exchanging number plates is something the private hire taxi and courier companies do to protect their livelihoods from ANPR vans especially when a vehicle is newly bought. It's all about making sure councils comply with regulation 4 of the Taking Control of Goods Regulations 2013

I don't expect the practice of ANPR vans to last much longer because of regulation 6 of the Taking Control of Goods Regulations 2013 and potentially regulation 10 (2)
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sapperx
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#5 Re: Some success, and so far so good

Post by sapperx » 10 May 2014 15:48

...and my van also happens to be my principle place of residence.

Thanks also for the advice elsewhere on your site about computers. My modest laptop kept in the van is my office and means of business, the data in it is invaluable.

My mobile phone is on contract, and should fall into the same category as the laptop as it is full of customers' data, surveys and other crtitical trading data. However, as it is on contract I wonder if this is the same as HP and therefore cannot be levied

sapperx
Posts: 9
Joined: 23 Apr 2014 18:27

#6 Re: Some success, and so far so good

Post by sapperx » 10 May 2014 16:27

And to anyone who says 'you should pay your debts', I say this:
All my 5 creditors are banks. They created the money and they knew only too well the risks they were taking loaning to someone to get degrees when they all know that it's who you know not what you know that advances a career. The banks were bailed out by the government when the bubble we all created had to be deflated, and they are well on the way to paying back the public. The government convinced me to get an education and a career and that was just a fantasy. I can provide better for my family working in a trade than the science MSc and PhD that cost a 100 grand in debt and 100s of job applications later are basically worthless. There is really no creditor and debtor in all this. And after all this to put bailiffs on the backs of those who are far less able than me to either pay or avoid them, that is the real wrong. Bailiffs are a medieval rack that are applied to the weakest in order to intimidate and humiliate. But knowledge is power. I now have a calling!

sapperx
Posts: 9
Joined: 23 Apr 2014 18:27

#7 Re: Some success, and so far so good

Post by sapperx » 10 May 2014 16:30

Just noticed, somehow I created 2 accounts. Seems I must have forgotten the username and thought I had not registered. Will try to ensure I only use one or delete the other if that won't lose the posts. Sorry.

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jasonDWB
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#8 Re: Some success, and so far so good

Post by jasonDWB » 10 May 2014 16:55

Your van is exempt from levy, regulation 5 of the Taking Control of Goods Regulations 2013

Your contract phone cannot be levied because it's not your phone until the final payment is made. Most phones are no use to bailiffs because of the IMEI kill switch. It would leave any new owner with dead hardware.
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sapperx
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#9 Re: Some success, and so far so good

Post by sapperx » 17 May 2014 13:53

All very useful information. And thanks the dropbox link above to affidavit is now working.

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