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chris600uk

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Everything posted by chris600uk

  1. You advise them in writing who does own it, and they contact the bailiffs and claim ownership - a statutory declaration should be sufficient. Then if they take the tv it's an unlawful seizure, theft actually - but only if they've been informed and shown evidence that it isn't yours
  2. Definitely misrepresentation The object is to shake your faith in anyone who might tell you the truth - like us for instance. They hate us you know.
  3. This part of the law is of no use - the council tax law is here: The Council Tax (Administration and Enforcement) Regulations 1992 and here: The Council Tax and Non-Domestic Rating (Amendment) (England) Regulations 2006
  4. Then you should have had some paperwork through the letterbox to show that a levy took place. A stat dec should do it
  5. He must give you an appointment so that you can be in, he can't just turn up and demand to break in. However, he doesn't really want to do this, he just wants to scare as much money out of you as he can. What items has he listed on the levy, and have you checked his certificate with the ministry of justice - no cert and it's all just toilet paper.
  6. Now ring them back and ask them how much the liability order was for. Has he been inside your house - if not, pay him nothing and treat him like he's invisible. Did you have a witness to that? Because none of it was true. He can make an arrangement if you are daft enough to pay him He can not bring a locksmith unless you have let him in before. The Police are not interested in him or you.
  7. First of all the council can make them accept a payment arrangement if you can convince them it's all you can afford. Don't borrow money to pay bailiffs that'll only get you into more financial difficulty. You still owe it In your case I'd put money on it - NEVER.
  8. try this: To: Bailiff Company
 Date:

 Dear Sirs,

 Re: Account reference.

 I refer to your letter dated (enter date)informing me that your company have been instructed by (enter local authority) to enforce a warrant/liability order etc against me, in respect of arrears of council tax. 

 In your letter you state that you will be visiting/returning to my home to (seize/auction etc my goods.)unless full payment of (enter amount) is made by return.

 The purpose of this letter is to advise your company that I am in receipt of (income support/jobseekers allowance) and am enclosing as proof, a copy of (payment book/letter from benefits agency.)

 I am informed that deductions can be made directly from my benefits to pay my arrears of council tax. This is provided for in the Council Tax (Deductions from Income Support) Regulations 1993.

 For this reason, I would like to request that this account be referred back to (local authority) so that the relevant forms can be completed.

I am also aware that once deductions are in place, Regulation 52 of The Council Tax (Administration & Enforcement) Regulations 1992 expressly forbids any enforcement action.

 As I have now made you aware of (my/our) circumstances, and provided proof, if your company continues with enforcement action, I will consider making a formal complaint about the bailiff’s conduct to the County Court

 Could you please confirm safe receipt of this letter, a copy of which is being sent to my local authority. 


 Yours Faithfully.
  9. He could take these items if he wanted to. He cannot take these items if you have no other method of cooking, and no other seating apart from dinner seating. If he hasn't listed it on the levy, you move it away from the house, and sell it quick to a trusted freind or relative for a fiver. once they've been in legally they do have that right.
  10. There has been another post recently along the same lines. Basically the same thing happened. This is roughly what happens - When you sign a wpa, you are stating that the items listed ARE your property, and you are giving ownership to the bailiff, but in return for a sort of rent, the bailiff agrees to leave them with you. The statutory declaration is simply a statement under oath, which is why most solicitors only charge a fiver. You should be able to get a reasonable bailiff to accept it, especially with supporting evidence like receipts etc., but if they won't, then you have Oh Boys advice.
  11. Don't worry when the bailiffs say that the council does not inform them if payments are made directly; that's not your problem, and anyway the bailiffs are acting as the Agent of the council. However, it is only sensible to formally inform them in writing/email if you haven't already done that
  12. If the date of the levy falls AFTER the date you paid the sum outstanding to the council, then the levy is invalid, and the council tax regs 1992 clearly state that, see section 45. If you have informed them of that, then any further enforcement action will be illegal - you must clearly explain that to them; copy to the council, the head of the council tax dept.,your councillor, and your MP. You must involve as many people as possible
  13. If you do need to ring to get their names don't get drawn into any discussion about anything else - be polite but Very Very Firm - pedantic even;and don't get angry, stay in control
  14. They are among the worst of a very bad bunch. I suggest you get tomtubby's help, because you will almost certainly have good grounds to complain to the court. Ring the bailiff and ask him to spell his name, and the name of his colleague, unless you've already got their names. The wpa is worthless unless it's signed by the debtor, they only have the right to force entry if they have gained peaceful entry to the home of the debtor. You must put all this in writing, in an emotionless and objective style
  15. Don't offer the bailiffs anything - because all that will happen is they will take off any fantasy fees, and send what's left to the council. Even if they DO accept a payment arrangement they will only demand more later, and will at some point "lose" a payment so they can say you paid late and add fees. Cut out the middleman
  16. This is typical. They know they can't seize anything from inside your property unless you are daft enough to let them in, or leave an open/unlocked door or window as a sort of invitation for them to walk/climb through. They are hoping you don't know that. They will levy upon garden furniture (front or back) and any vehicles parked in or very near your home. If I wereyou I'd write back pointing out that you do know your rights and as they haven't previously gained peaceful entry they have no right of forced entry - use the template letter you've already sent. I would start paying as much as you can reasonably afford direct to the council online - to show that you are not refusing to pay. Don't be too worried, as long as you follow the rules the account will be handed back to the council when the bailiffs get fed up with you.
  17. The funny thing about representing yourself is that the judge is obliged to assist you - all you have to do is explain your position in simple terms and dont be afraid to ask for what you want
  18. If a charge has been put on the house, that ought to stop bailiff action as f I presume the charge was placed by the county court?
  19. If you have paid the sum listed on the liability order, then you can tell the bailiffs to get stuffed. You must check with the council how much the order was for. Don't talk about anything else, just ask them that question, you are entitled to that information - whether the account has been passed to the bailliffs or not
  20. You are entitled to know how much the liability order was for, and you should check that figure the council give you, against the one the bailiffs gave you - they aren't always the same although they should be.
  21. I'd say so, yes. He can only apply charges if they are permitted in the regulations.
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