Bristow & Sutor and Council Tax

[Wiltz]

Would appreciate any help I could get here.

I had an outstanding Council tax debt of around £1000 (including the two bailiff visit fees), which had been handed over to B&S so I rang them and set up a payment plan of £200 a month. The first payment went out fine, but then I had a real problem with a bunch of direct debits being cancelled by my bank (around the time I was claiming for bank charges strangely enough) and the payments stopped leaving £804 to pay.

The first thing I knew about this was a notice of seizure of goodsthorugh the door detailing the original £804, a levy fee of £49, an attendance to levy fee of £18 and a redemption of goods fee of £24.50 adding £91.50 to my bill. Attahced to this was an inventory listing my next door neighbours car.

I rang the office and told them that they had levied against property that didn't belong to me, although they kept reiterating that I would have to speak to the bailiff as he still had my file.

I rang the bailiff the next morning and he was very agreeable and told me to ring the office the following monday when the paperwork would be back with them.

I did this and they informed me that another bailiff would have to visit to set up a payment plan, which I thought was a little strange.

Nothing happened for a month until my girlfriend rang me while I was out one evening to let me know that the bailiffs had just been back and had tried to gain entry to levy goods. She hadn't let them and told them that I didn't have my mobile with me and that she would get me to give them a call the day after.

As soon as I got home I read the letter and noted that the debt was now £1250!!!! I did some research on this excellent site and armed with this called them back the next morning. Again he was very pleasant and I informed him that I could pay the whole balance of £804 (obviously deducting the charges for the false levies) the following monday (this being a friday). His mood changed slightly and he told me that I had to pay the balance by the end of that day or he could get a locksmith to attend my premises and take goods without me being there. I very calmly said that I'd sought legal advice and knew that that was an outright lie and suggested he didn't try any of his bullying tactics on me again or I would lodge a Bailiff complaint with the court that had issued the original order. I then told him that me paying it off on the monday was a more than reasonable offer and in fact would pay it off 2 months earlier than the original payment plan that had failed. He then tried to "help" me by advising that I pay the charges, but I said that I needed them justifying first.

I did in fact pay the £804 on the monday and sent a letter to the compliance officer questioning the fees. I didn't get a reply until last week when a bailiff visited again while I was out stating that I still owed £274 in fees. I rang him the next day explaining that I'd sent a letter, but he said that they had not received it, so I told him that I would not pay the fees until I knew that they were just and I would resend the letter registered post this time.

 

Sorry about the novel, but wanted to make sure everyone had the full facts. I now need to know that as none of my goods had ever been levied could they still technically charge the "reasonable" vehicle hire costs? Also, is the letter to the compiance officer the right route to take to enquire about this?

 

Thanks in advance.

[Wiltz]

Have just drafted the following letter to the compliance officer:

 

Dear Sir/Madam

 

Your Reference: xxxxxxx

I amwriting this letter to raise some questions regarding additional fees to my, now settled, council tax debt.

Your records will show that the original debt plus the two statutory visit fees have been paid and that there is an outstanding amount of some £274. I do require a full breakdown of the fees incurred, but for the time being I believe them to be for “reasonable” expenses such as vehicle hire for the removal of levied goods. This in itself is rather perplexing as no property of mine has ever been levied against.

I would prefer to assume that there has been a simple misunderstanding surrounding your procedure and that it can all be cleared up quite easily, however during conversations with your bailiffs I have been confronted by outright lies and what can only be described as threatening shock tactics. I have filled out a Formal complaint form, but will wait to hear your response before I send it.

As stated above I would like to see a full breakdown of the fees incurred including values, dates, times and details.

Yours faithfully

How does that sound?

[tomtubby]

Good letter.

 

 

The following is sadly is something we are seeing very often. It is worth checking with your council. Also when sending your letter it is VITAL that you request a copy of the screen shot of the account.

 

..............................................

 

The Magistrates Court do not send out copies of Liability Orders and because of this, many people do not actually know the amount on the Liability Order. We would advise that you contact the council to ask how much the Liability Order is for. The reason for this is that we have seen so many cases where the amount being requested by the bailiff company is not the amount on the Liability Order. and in many cases can vary between an additional £24.50 for an "apparent first visit", £42.50 for two such visits and even a van visit of between £100 to £200. The inclusion of van fees is more common when the debt is for a large sum of money as the debtor will very likely not notice this charge. When questioned, the bailiff has tried to justify the additional amount stating that it must be the court fees !!

Edited August 1, 2008 by jonni2bad

[Wiltz]

Thanks TomTubby I will add the bit about the screen shot.

[tomtubby]

You might want to read the following concerning the matter of the bailiff "levying" on a car that is not owned by you.....

 

 

..........................

 

"Levying" on a vehicle that you do not own:

 

This is now also becoming commonplace with "less reputable" bailiffs, in particular when collecting for unpaid council tax. How it works is this:

 

The bailiff will make a visit to your premises with "a view to levying distress" (this is the legal term). He can charge just £24.50 if this is the 1st visit and you are not at home and no levy is made. In order to generate more income for him and his company,the bailiff will instead post a form through the door to say that he has attended and "levied" on a vehicle either on the driveway or on the road outside. The bailiff will then charge both an additional "walking possession" fee and a "levy fee". The bailiff knows that there is case law that provides that he can "assume" that the car is yours and that it is up to you....not him..... to prove otherwise.

 

Many times these vehicles are owned by sons/daughters/friends/even tradesmen etc. If this does occur and the bailiff company refuse to accept that the car is not yours....then a Statutory Declaration must be sworn by the owner of the vehicle and a request made that all fees and charges associated with this "levy" are removed.

Edited August 1, 2008 by jonni2bad

[Wiltz]

Received a letter in the post this morning.

 

Dear sir,

 

I can confirm the receipt of your letter onm the xxxxxx, the content of which has been noted.

 

Now that we have established via the DVLA that you are not the registered keeper of the vehicle seized on the xxxxxx, we will credit the fees incurredfor the seizure and also the visit with a view to removing the vehicle.

 

This will leave your account £32 in credit. Please see the attached statement of your account and also the enclosed cheque for £32.

 

Although the registered keeper is not the owner of the vehicle, as a gesture of goodwill I am prepared to credit the levy fee, Redemption of goods fee and the Van/Abortive removal fee, clearing your account.

 

 

One for the good guys eh? I would have settled for clearing the account, but the cheque will go to a slap up binge for the better half having to face these guys.

 

The only thing that confused me slightly was the last paragraph about the car, but I think what they are saying is that even though it is registered to my neighbour doesn't necassarily mean it's not mine!!!???

 

Thanks again Tomtubby for you help.

[tomtubby]

I am just pleased that I could be of assistance.

[tonycee]

I am just pleased that I could be of assistance.

 

And I, for one, are just as pleased that we have you on our side.

[tomtubby]

Thank you Tonycee.....

[tonycee]

Thank you Tonycee.....

 

What you doing up at 01.11 looking out for us lost souls ?

[tomtubby]

Tonycee....as always....and despite the knock backs from some moderators, I am as always, here to support all on CAG.......whatever the time of day or night.

[gdhfs]

Tomtubby,

 

 

Am I correct in the information given to me that a bailiff CAN levy on a vehicle on HP if 30%+ has ben paid on the agreement?

[tomtubby]

A bailiff CANNOT levy on a car that is on HP. That is because the vehicle is not YOURS until the FINAL payment is made.

 

Maybe you are getting confused with a car subject to a finance agreement.

 

Sadly, the levying of cars by bailiffs is now VERY COMMON indeed and people need to be very wary because if you are in arrears in paying your council tax and you refuse to let a bailiff into your home......then bailiffs are now putting a levy on the car.

 

He can ONLY do this if the vehicle is owned by YOU.

 

Finally, always remember that BEFORE a bailiff has levied on goods.....you can give away, hide, sell or transfer ANY goods.

[phillip swift]

If a Baliff visits your property for unpaid council tax for the first time and you don't let them in and don't sign anything but they levy your car in the drive can they still charge an extra fee and if so how much? The car in question is about 10 years old and notworth very much so would this make a difference?