chris600uk
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Everything posted by chris600uk
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He can only do this if he has already been inside your house, and/or if it is a vehicle or goods outside, he has already seized/levied upon the goods. You are right, the maximum a bailiff collecting council tax can charge WITHOUT MAKING A LEVY is £42.50 for the two visits. Anything else is fraudulent because it isn't provided for in the regulations see schedule 5 here: The Council Tax and Non-Domestic Rating (Amendment) (England) Regulations 2006
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What the council say will be based upon what Newlyns told them. You can write to Newlyns and ask them for a screenshot of your account with them. The significant detail is the date of the supposed levy, and what was levied, and the name of the bailiff attending. If that is how mail normally gets posted then you can't complain about that as far as I can see. They can levy upon a vehicle, but it must be YOUR vehicle and it must be before you satisfied the liability order in full, that is why the detail and the date of the levy is so important. No, you would simply be told that it was a civil matter ( which it isn't) and they would try and fob you off (which they shouldn't but they do). The first thing to do is challenge the fees in writing, sending an email copy to the council tax department, the head of the council tax dept, your councillor, and your MP. Explain carefully as if to a child why a levy could not have taken place, do not rant, be polite but firm, use a template letter.
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Extracted from Council Tax (enforcement and administration) Regulations 1992 Act Distress 45.—(3) If, before any goods are seized, the appropriate amount (including charges arising up to the time of the payment or tender) is paid or tendered to the authority, the authority shall accept the amount and the levy shall not be proceeded with. This means the Liability Order must be satisfied BEFORE any levy takes place, and the sum paid directly to the council, because bailiffs will remove fees from any sum paid to them. That will mean if you paid that sum to the bailiff, then the liability order will not have been satisfied. (4) Where an authority has seized goods of the debtor in pursuance of the distress, but before sale of those goods the appropriate amount (including charges arising up to the time of the payment or tender) is paid or tendered to the authority, the authority shall accept the amount, the sale shall not be proceeded with and the goods shall be made available for collection by the debtor. Once a levy has been made then to satisfy the liability order you must pay the council AND the bailiffs lawful fees up to that point.
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That depends on whether you've satisfied the liability order yet. But you have a bigger problem, when the bailiff levied, lawfully, upon your car, it ceased to be your car. You disposed of the bailiffs property, so I'd get evidence of its miniscule value and be prepared for the bailiff's next move. I'd park any vehicle well away from your house.
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