Jump to content

chris600uk

Registered Users

Change your profile picture
  • Posts

    2,204
  • Joined

  • Last visited

  • Days Won

    3

Everything posted by chris600uk

  1. The bailiffs are acting as agents for the Council, and therefore are holding information about you on behalf of the Council. The bailiffs like any other organisation are subject to the same laws as anyone else. Why don't you post a copy of the letter you sent, blanking out any personal information and names.
  2. At this point if I were in your position, I would behave as if he hadn't been in at all. He probably knows he's abandoned the levy, and has sent that letter to freak you out, in the hope you'll let him in again. Don't let him in, Don't talk to him on the phone, only write/email to his firm. Keep all doors and windows locked, park any vehicles away from the house.
  3. How was that supposed to work? How were you supposed to make the payment? Last week eh? Hmm, that means he didn't call back for nearly four months. Sounds like he abandoned the levy. No he can't. LOL you won't do that again I'll bet!
  4. I still believe that the terms of Section 46 ss (1) and ss(4) mean that it can be used, I'll be very interested to hear what happens about a form 4 with no bailiffs name on it, it's been my understanding that if you have the name of the bailiff you use form 4 to complain about him, and if you don't have a name you use regulation 46 to complain about the council. I think that a Subject Access Request would be a good idea. It would also be interesting to see if a FOI request for the name of the bailiff was successful or not. I understand that it has a 20 working day deadline. It may also be possible that you could request any information held about the bailiff on behalf of the council including details of the certificate held by a bailiff, and the contractual relationship between the bailiff firm and the council. All they can do is refuse it, but they have to give a reason.
  5. I understood that section 45 ss 3 meant any enforcement stopped once payment to satisfy the Liability Order was made (or tendered) to the Council. I understood that the relationship between the Council and it's agent/employee was a matter for the council only. Did I get that wrong, or has something changed?
  6. I agree with Happy, and it's one of the main reasons that you should never speak to a bailiff because you then have no proof of what you said. Even so, I would write to them giving them an opportunity to correct their "mistake". I only say that cos bitter experience tells me it's the right thing to do. When you are dealing with legal people of any sort, who generally have a very warped and limited view of the world - anything you do needs to appear to be reasonable, even if it is actually totally unnecessary; it can make all the difference to how a judge views your case.
  7. Have you considered making a request under the Freedom Of Information Act, for the notes made by the police officers on the day, any emails made by officers in connection with this incident, and for copies of transcripts of any guidance made by officers in the Control Room ( if any recordings exist, which I'll bet they do). They have 20 working days to reply with the info, or explain in writing why they cannot comply with your request. Just a thought.
  8. Have you contacted your local councillor? They can ask for a review of the council's actions in your case. I would also contact your local MP - whose responsibility it is for voting for bad laws that allow councils and bailiffs to act as they do.
  9. Ok, so when the bailiff called and levied upon your car he charged what? What was the debt he was collecting? Using Schedule 5 you can work out how much he was entitled to charge. see: The Council Tax (Administration and Enforcement) Regulations 1992 2.—(1) In heads A and B of the Table to paragraph 1, "the relevant amount" with respect to a visit or a levy means— (a) where the sum due at the time of the visit or of the levy (as the case may be) does not exceed £100, £12.50, (b) where the sum due at the time of the visit or of the levy (as the case may be) exceeds that amount, 12½ per cent. on the first £100 of the sum due, 4 per cent. on the next £400, 2½ per cent. on the next £1,500, 1 per cent. on the next £8,000 and ¼ per cent. on any additional sum; and the sum due at any time for these purposes means so much of the amount in respect of which the liability order concerned was made as is outstanding at the time. (2) Where a charge has arisen under head B with respect to an amount, no further charge may be aggregated under heads A or B in respect of that amount. Start there.
  10. In that case they had no right to visit your old address or your parents address. You must write to them challenging the fees, copy to your council tax department of course. Not much point they wouldn't accept it anyway. You can pay the council directly online, no one can stop you. If you are able to pay it online in one go, the bailiffs are cut out of the loop and have no further right to pester you. Doesn't mean they won't try, just that they have no right to. That's my point exactly, you can't prove what was or wasn't said unless it is in writing. ASK? No, you demand that the unlawful fee be removed, and consider the account to be in dispute until it is removed, meanwhile make payments to the council online. Only if his name is the only name on the Liability Order, which incidentally you should have a copy of.
  11. Contact tomtubby. I suspect that you can file a new stat dec because the other one simply wasn't filled in properly, wasn't rejected because they didn't accept your reasons. But tt would know better.
  12. You need to give more information than that... What exactly does the letter say. Has the bailiff already seized/levied on the car? Is your brother on benefit? If the bailiff has already seized the car, then unless there is something about the bailiffs action that is unlawful - it is now the bailiffs property.
  13. That sounds like you have already been paying B&S, have you ever let them into your home? That's all a load of BS, you should only communicate in writing - you should never ever speak to a bailiff unless you are gathering information for a complaint. LOL, they would say that wouldn't they! Honestly, what did you expect them to say... You should have made that contact in writing, you have no proof of what has been said. Please don't... you'll only cause yourselves more stress. The bailiff isn't interested in you or your parents, they are irrelevant to him, all he cares about is putting pressure on you by any means possible. Informing the council IN WRITING of your new address would have been a good start, doing the same to the bailiffs is the second. Then have your parents (write it for them if necessary) write to each complaining that this isn't their debt they have been needlessly harrassed and if it happens again they may very well do exactly as Happy Contrails suggested. Well that depends... If they were informed IN WRITING before they visited, yes you should have that removed, if not, no. The council are entitled to assume you still live there unless you tell them otherwise.
  14. yes you can, initially you can write to the Chief Constable, although you will have to make a complaint in person to a policemen who must write it down. But by starting at the top, you ensure that someone will get back to you.
  15. Not necessarily. But here's my 2 penn'orth... If you have a realistic chance of paying it all off, I'd do that. Organise a care of address for letters and go round to see Citizens Advice as HC suggested, that way you can get them involved without too much risk of an early knock on the door where you sleep, try to get in contact with the court that way. Whatever you did, and whyever you did it, you are certainly paying for it now... But this will pass, you will eventually pay it and it will just be a bad memory. Good luck, Chris.
  16. from memory I think it's £50 for the first letter, then £175 for each visit, they can't charge for clamping. tt may correct me but I think that's it.
  17. That's spot on for Council tax bailiffs collecting as an agent for the council using the authority of a Magistrates Liability Order (Civil Debt), but not for bailiffs collecting for Magistrates Fines (Criminal).
  18. Will I get advance notice of a bailiff visit and fees? From 1 April 1998, local authorities must send you a letter giving 14 days notice of a proposed bailiff visit to collect council tax. County court bailiffs must issue a warning notice allowing 7 days for you to pay. That's from the insolvency helpline website.
×
×
  • Create New...