Elamaya re Concil Tax and Bailiff

[elamaya]

I really need your help. I have problem with the beilif and I am not sure how to sort it out.

Until 26 of July 2009 i lived with my husband he left the house and left me with number of unpaid bills and morgage, and of course council tax. After while I got a letter asking to pay uostanding bill, I aproched council and told them that I was happy to pay half but they should ask my husband to pay other half ( as it was join account) they refused and stated that I have to talk to my husband and puy together. they were aware of his address as he apply or housing beneit on his rented property. Because I did not pay they took as to the court and I received summens than than in January a Libility order. I started paying £100 every months and paid off on 18 of March 2010. than on the same day bailif came and said that hi will reposses my car as I did not pay council tax , he asked for £420 the council last payment on 18.03 was £173 . I told him that I paid off , he said that he check with council and phone me back next day. He never phone and next day I went to council and informed them that all councill tax is paid off. they called recovery team and informed them , than they informed bailif. As the bailif told me before leaving that I still have to pay baili charges even if I paid off council tax.

 

I was adviced to call balif as the guy from recovery team told me that the bailif put levy on my car. I phoned him and he told me that on 18 march he visited me for the first time and he put levy on the car. I work for diffrent council and have a esential parking permit and is used for work as I visit families.

He did not want me to know what he is charging me but than he explained that he chardes

£160 for van fee ( he stated that is standard)

£42 .50 for letter ( 2 he said and I have not seen any)

24.50 for levy.

He said that he is camming tomorrow to get the car. I was worried and said that I have not got any money and he agreed to wait until 31 of March 2010

I am really woried about the car because is new my parents paied for it but than I pay them slowly . is register in my name but I was thinking to maybe change to my mum name.

He was not in the house everything happen outside. He talk to me for 2 minutes and left when I told him that I paid of council tax.

It was 8pm and was very dark outside as I am single mum I uswelly do not open door at that time but when I open top window he said that he will reposesed my car .

I spoke to council about a letter which they should send to me informing me that my case will be send to bailif. they said that they send it but I have never recieved.

[dx100uk]

....

Edited March 28, 2010 by dx100uk

[gearjamma]

The simple answer is NO you do not have to pay and NO he cannot put a levy on your car unless you have missed any payments.But as the debt has been satisfied, the bailiff cannot do a thing .If they threaten you in ANY WAY AT ALL call the police especially if they attempt to take the car report it a a theft in progress.They think they are above the law,but as you have paid in full there is no longer a debt,they are trying to get something out of nothing,you have put their noses out of joint..they hate that...

[elamaya]

sorry I am new and was only looking for help thanks

[hallowitch]

sorry I am new and was only looking for help thanks

 

 

you will certainly get plenty of help with this

 

the reason dx100uk advised you to stat your own thread is most people that help don't read the stick's and your problem could be missed also with your own thread it only deals with your problem which helps to advise you further

 

please click on the blue link in dx100uk post and copy and paste your post from here

[slick132]

Posts moved into new thread for Elamaya's case.

 

[dx100uk]

two things

 

one the bailiffs fees are wrong if what you say is correct.

 

I phoned him and he told me that on 18 march he visited me for the first time and he put levy on the car.

- he cant do that - it will be first visit fee of £18 only.

 

£160 for van fee ( he stated that is standard) - garbage - his levy on the car is invalid & anyhow you dont need a van to recover a car!!

 

£42 .50 for letter ( 2 he said and I have not seen any) - cannot charge letter fees!

 

 

24.50 for levy. - cant do that either as he levied on the first visit which is illegal

 

so the only things he can charge IF HE HAS MADE TWO PHYSICAL VISITS - £18 1st visit fee, £24.50 2nd visit fee [these are the law for council tax debts]

 

 

2. he cannot use the now paid liability order to gain his fees anyhow.

small claims court if he wants it, and with all those illegal charges he wont go there.

 

dx

Edited March 28, 2010 by dx100uk

[RaeUK]

Hi elamaya and welcome.

The first thing that springs to mind is that you do not own the car, you haven't paid for it. The car is owned by your parents. It doesn't matter who the registered keeper is as that does not have to be the owner.

Your parents can take out a statutory declaration confirming their ownership of the car. This usually costs £5 or £10 from a solicitor who is also a commisioner of oaths.

Others better than I will advise about the level of fees and whether the bailiff can charge a first visit fee as well as a levy at the same time. I suspect not.

Get written confirmation from the council that the council tax has been paid in full. Councils tend to pay legitimate bailiff fees from your payments to them before taking their own monies. Just confirm that it is onlt the bailiff fees outstanding.

If this is the case then a bailiff cannot levy for there own fees which, in effect, would be what the bailiff is doing.

Just my initial thoughts.

Best wishes

Rae.

[RaeUK]

... Others better than I will advise about the level of fees ...

 

 

And have already done so!

 

Rae.

[dx100uk]

now if you REALLY want to NAIL this little lying $%& and get your own back

if he turns up hand him a copy of this letter:

 

As there will now be some doubt over the charges that have been applied it wil be a good idea to write to the Bailiffs for a breakdown so far. Use the following and adapt for your own needs, send it by email and letter.

 

"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 including Computer Screenshot. This is not a Subject access request under the Data Protection Act S7 1998 so does not incur a fee of £10. I also require the name of the attending Bailiff and the name of the Court he was Certificated at. You are obliged to provide this information.

 

I require this information within 14 days.

 

Yours faithfully

 

Ripped off customer"

 

*************

 

tell him you have already posted that to his office and that you have written a simular letter of complaint to the senior council tax officer of your council complaining about him.

 

TBH: i'd dothose letters anyhow, this dirtbag want nailing, what co. was he from?

 

dx

[hallowitch]

two things

 

one the bailiffs fees are wrong if what you say is correct.

 

I phoned him and he told me that on 18 march he visited me for the first time and he put levy on the car.

- he cant do that - it will be first visit fee of £24.50 only.

£160 for van fee ( he stated that is standard) - garbage - his levy on the car is invalid & anyhow you don't need a van to recover a car!!

 

£42 .50 for letter ( 2 he said and I have not seen any) - cannot charge letter fees!

 

 

24.50 for levy. - cant do that either as he levied on the first visit which is illegal

 

so the only things he can charge IF HE HAS MADE TWO PHYSICAL VISITS - £18 1st visit fee, £24.50 2nd visit fee [these are the law for council tax debts]

 

 

2. he cannot use the now paid liability order to gain his fees anyhow.

small claims court if he wants it, and with all those illegal charges he wont go there.

 

dx

 

dx hope you don't mind me saying i think some of you post is wrong

 

 

the bailiff should levy on a 1st visit thats the reason for the visit to levy distress if he get a levy he charges the levy fee if he doesn't get a levy he charges the 1st visit fee

 

the reason all bailiff don't like to levy on a first visit is because they cant charge a 1st & 2nd visit fee after goods have been levied so the lose out on £42.50

 

doesn't help the bailiff his levy is still invalid :-D

[dx100uk]

thanks no thats exactly what we are here for to learn

you and tt are teaching me well

 

dx

[elamaya]

Thanks for your advice

I spoke to Equita and they now saying that they are not charging for letters only visits, which were done on 2nd of March and and 15 of March, but I Have not received any note through the door, I only have access ro my house. So I do not think they came on those days.

 

Other issue my is use for work I have a Essential parking pemit and you only get the permit when you demonstrate that you need for work, I look in internet and found out that my car is exept from levy,

How much should I pay him. They also said that they have send me a leter after 1st visit on 2nd of March but I swear did not recived any letters from them.

My ex husband had a lot of debts and I had to pay bailiffs on two occasion, but I would not ignore a letter from them

 

I am really worriedabout my car because I need for the kids and work.

[hallowitch]

are your parents paying for it through finance

 

did he leave a notice of seizure of goods and inventory listing the car

does this have the charges on it

[hallowitch]

£160 for van fee ( he stated that is standard)

under no circumstances pay this

[elamaya]

Thanks , I feel much better now

I wrote a letter to council about the bailiff's practice went to see CAB but did only gave me few information , they good but I was expecting more, like phone all to the Bailiff and to tell him that hi is wrong.

 

In regards to levy on my car, when he came he did not say anything he left after 5 minutes when I told him that I paid off council tax. he gave me a removal letter just all.

[elamaya]

are your parents paying for it through finance

 

did he leave a notice of seizure of goods and inventory listing the car

does this have the charges on it

 

Hi

When he came he did not say anything, when I phone Recovery Team I was told that he the bailiff put levy, As I do not have any knowledge about it I have never heared about 'Levy ' When I spoke to Bailiff on the phone he stated 'I put levy on your car if you do not pay I will take it tomorrow'

[elamaya]

are your parents paying for it through finance

 

did he leave a notice of seizure of goods and inventory listing the car

does this have the charges on it

 

As I separated with my husband I had very old car and than my parent gave me money but I have to pay slowly.

[elamaya]

dx hope you don't mind me saying i think some of you post is wrong

 

 

the bailiff should levy on a 1st visit thats the reason for the visit to levy distress if he get a levy he charges the levy fee if he doesn't get a levy he charges the 1st visit fee

 

the reason all bailiff don't like to levy on a first visit is because they cant charge a 1st & 2nd visit fee after goods have been levied so the lose out on £42.50

 

doesn't help the bailiff his levy is still invalid :-D

 

I phone Equita and they saying that they came to visit me twice on the 2nd and 15 of March , but I have not received any information through door, they stated that they not charged for letters, the 42.50 was for two previous visit( I do not think they came at all)

[dx100uk]

hehe

which is ALL the bailiff can legally charge for ctax.

it would be really nice if you had HIS charges he quoted in a letter or paperwork

 

i bet you haven't and it was all bluff verbal.

 

dx