The shadow behind the glass door is a Bailiff!
And here is a letter complaining that the bailiffs have seized a car that is exempt from seizure because the debtor doesn't own it.
Dear Sir/Madam,
Re: xxxxxxx Client reference xxxxxxxx
I would like to make you aware that I am fully aware of my rights and you will not gain entry to my home under any circumstances to levy goods and I know the fees allowed under statute and when these fees can be applied.
Your bailiff Mr Marley has made a charge for a levy fee which concerns a vehicle that was parked in my driveway.
This vehicle is neither my property and nor is it registered to me; it is the property of a friend who parked it there for safety while he went on holiday.
Please find enclosed a copy of a Statutory Declaration witnessed at xxxxxxxx solicitors.
Please understand that at no time have I refused to pay my Council Tax arrears. I am sending a copy of this letter to xxxxxxx Council.
Yours faithfully,
The Bailiff firm, wrote back and asked for proof of Non-ownership of the car.
So, are you supposed to stand guard in case someone, anyone, parks a car within the curtilage of your home, and when they do, ask them for a copy of their car registration document?
No of course not, it’s ridiculous!
But that won’t stop them from asking.
So, you have to send them a letter pointing out how silly it is, and invite them to make the enquiries themselves.
Which they really ought to have done in the first place………..via the PNC.
Some bailiff vehicles are equiped with ANPR so there's no excuse.
Dear Sir/Madam,
Re: xxxxxxx, xxxxxxx Client reference xxxxxxxx, xxxxxxxx
Please understand that I am fully aware of my rights and you will not
gain entry to my home under any circumstances to levy goods.
I know the fees allowed under statute and when these fees can be applied.
In your letter dated xxxxxxxxxx in which you refused to accept that the vehicle listed on your unsigned Notice of Distress dated xxxxxxxxx is not my property; you say that if I fail to provide you with a copy of the Vehicle Registration Document V5 supported by proof of purchase or a copy of my Insurance Certificate for your records, you will proceed with further action.
This is an unreasonable request, because I explained in my letter dated xxxxxxxx why the car was in my driveway and:
I don’t have an Insurance Certificate for this vehicle because it’s not my car.
Certified Bailiffs are perfectly capable of establishing who the registered keeper is (Vehicle and Excise Registration Act 1994).
I am entitled to keep my financial affairs private within reason.
I am not prepared to start explaining to my friends or family or anyone else who may have parked in my driveway or outside my house, or up to halfway across the road in front of my house, why I might need their logbooks and purchase invoices.
You have now been formally advised that the goods you seized are not the property of the debtor, ie me.
If you attempt to remove the vehicle, the owner is likely to complain of theft of his vehicle, and subsequently take legal action against yourselves and xxxxxxx Council for Damages arising from Unlawful Distress. Surely it would be more sensible to accept that your Notice of Distress is invalid and so is the levy charge that you have listed.
Please understand that at no time have I refused to pay my Council Tax arrears.
I am sending a copy of this letter to xxxxxxx Council.
Yours faithfully,
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