Quash the Liability Order. Suspend Enforcement. Disputing Liabilities. Claim Damages for Misuse of Enforcement Power.
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Pote Snitkin
The Watcher
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Joined: 28 Apr 2014 09:43
Location: In your loft, waiting


Post by Pote Snitkin » 06 Apr 2017 10:04

He shouldn't be there after 9pm. Do you have evidence he arrived at 9:30? Should be interesting if you have. :twisted:
Dodgeball on the Criminal Procedure Rules - "FMOTL nonsense". Discuss.

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Schedule 12
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Joined: 30 Jul 2012 21:23
Location: Philippines


Post by Schedule 12 » 06 Apr 2017 10:18

Gaztam1 wrote:
06 Apr 2017 09:07
A little insight for all here.
Our not so friendly firm visited last night at 21:30 to try and remove goods or £200

As Pote has already said, the latest time threshold a bailiff can attend is 9pm. Regulation 13 of the Taking Control of Goods Regulations 2013 states;
  • 13.—(1) Subject to paragraph (2), the enforcement agent may not take control of goods of the debtor before 6 a.m. or after 9 p.m. on any day.

to settle my case for wton December my wage dropped £200 pcm I called and emailed bristow and sutor to advise I'd just be able to pay £10 less than agreed all notes apparently updated.
I paid my monthly last week and have never defaulted may I add.

However the agent was clear he wasn't going until full payment and wasn't bothered with evidence provided of communication and tried to say he would call police and locksmith

Council tax is enforced using a liability order. It does not confer a power to break entry or to use a locksmith to any premises occupied domestically.

The bailiff commits an offence under section 2 of the Fraud Act 2006 which states:

  • 2Fraud by false representation

    (1)A person is in breach of this section if he
    • (a)dishonestly makes a false representation, and
      (b)intends, by making the representation
      • (i)to make a gain for himself or another, or
        (ii)to cause loss to another or to expose another to a risk of loss.
    (2)A representation is false if
    • (a)it is untrue or misleading, and
      (b)the person making it knows that it is, or might be, untrue or misleading.
    (3)“Representation” means any representation as to fact or law, including a representation as to the state of mind of—
    • (a)the person making the representation, or
      (b)any other person

even after I shown him correct rules online he wasn't having it at this point my wife and children were shearing my chat to the agent and during the 10 mins I had to find £200 my wife urged me just to pay as she was very scared that our possessions were going however knowing I could pay but through principal I tried my luck as the agent had a previous CGA ATTACHMENT
- Attachment? Can you show us this document?

from 9 months ago I read his CGA and nothing which was brand named was in property as been changed I invited him in as dark outside to remove what was listed he looked at list and was speechless as not there he then asked can I make payment as he was not winning with intimidation I did pay my balance as closed damn case.

However please if anyone contacts b&s head office get a concrete agreement as they will change the rules to benefit them and as end of tax year they will stamp down.

No people skills or common sense

Hope this helps anyone
If you have been paying council tax arrears to the bailiff in regular amounts. You might find an audit will find a black hole between the amounts paid and the amount the bailiff says is still owing. The bailiffs mishandling or appropriating your money can be used to persuade the council or your local councillor to the take back administration of your council tax arrears and pay back the missing money.

Here is more: ... liffs.html
I am a paralegal working for solicitors bringing proceedings against bailiffs for non-compliant enforcement action.


Phone consultation with me

Enforcement compliance Checklist

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