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chris600uk

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Everything posted by chris600uk

  1. Take no notice, it's just a fancy word for a debt collector, who probably works for a firm that have bought the debt. They have no right of entry, and they haven't been to court from what you've said, so all they can do is make a nuisance of themselves. If I were you I would refuse to speak to any of them, and insist that if they have anything to say they should put it in writing.
  2. Charlene, you really need to start your own thread -- but to answer your questions: You don't say what your personal situation is; but if you are a single parent caring for disabled daughter then you may fall into the category of "vulnerable person". On that basis alone the bailiffs should hand the account back to the council. I hope you now know that bailiffs have no right of entry unless you have left them into your house before, and as they haven't been into present house you don't have to let them in. You should keep all letters that they have given you. They can't levy in June 2007 and rely upon that seizure in March 2009 because they will have abandoned the 2007 seizure. So they can't come into your house and take anything. In my opinion if you want to pay anyone, pay the council direct online. Please start your own thread, and please tell us a bit more about your situation -- minus identifying details of course.
  3. Yes you can, but in my opinion you should only do that if you can employ a specialist solicitor, someone like Chris Topping, who has the experience to tell you whether you have a chance of winning or not. I don't normally recommend people openly, because I risk having the post deleted, but if you are anywhere in the north-west that is the guy to use. You can't just use anyone, and it would be a mistake to try to do it yourself. Find someone has been recommended and talk to them, you have nothing to lose.
  4. I've just read one of your earlier posts, which says that on the date of the alleged levy all he received through the door was a handwritten note with an amount written on it. If it had a date on it as well, that would really help. You need to respond in writing, with a photocopy of the paperwork that you received, because it's starting to sound as if they are trying to play dirty. They may be getting desperate. This is a public site, so the quick and dirty solution to your problem cannot be posted here. Nudge nudge wink wink...
  5. Not unless they actually came to your house and levied/seized your car. You would have known about it because they would have put paperwork through your letterbox. The fact that you don't appear to have had that paperwork suggests that they didn't actually levy on it at the time at all. Does that help?
  6. I wouldn't give your partner a hard time over that, because unless you had enough money to pay off the liability order in full directly to the council there was very little that you could have done about those letters. Admittedly everybody in the household should have been made aware that bailiffs were involved and that you all needed to adopt some interesting habits: parking cars away from the house, keeping doors and windows locked, not opening the door to anyone unless you know them, before leaving the house checking that no one is lurking outside on foot or in a van, keeping the blinds drawn so no one can peek in and make lists. I take it that you didn't let him in. Brilliant! So how did you pay this? And did they accept it? If they did, then you did well. Section 45 subsection 3, of the Council Tax (administration and enforcement) Regulations 1992, says that once you've paid the council in full the sum listed on the liability order, then the bailiffs have no business coming to your house because they have no legal power to chase any debt listed on that liability order -- because you paid it. Sorry to sound a bit long winded, and you can read yourself here: The Council Tax (Administration and Enforcement) Regulations 1992 They know the law better than you do, but they hope that you don't know it at all -- they are just trying it on. That's right! They wouldn't say that, because they don't have the right to say that. Well they can ask! But that doesn't mean you have to pay them! So, now you write back to them and explain what it says in regulation 45 subsection 3, quote it if you like, and tell them that they have no authority, to call at your house. They haven't been into your house, so they have no right of entry, the liability order has been satisfied, so they have no rights at all. Bailiffs do not have the power to vary an order granted by the magistrates court (or any court for that matter), and once you've paid the sum listed on the liability order to the council (before any levy is made) then the matter is closed and there is no debt to pursue. If you write to them in the way that I have suggested, being polite but firm, they will realise that you now know your rights. Any attempt to extort money from you at this point, based on what you have said, would probably be fraudulent. When you write to them, personally I would e-mail it, make sure you send a copy to the council tax department, a separate copy to the head of revenues, a copy to your local councillor, and a copy to your local MP. And if they turn up and try to hassle you, tell them to get stuffed, to leave in short jerky movements.
  7. Solid advice from Hallowitch Why are your payments not being deducted directly from your benefits at the rate of three pounds a week? Very persistent! Then that means they have no right of entry, they have not levied upon anything by the sound of it, and at the very very most have the right to charge fees or £42.50 as has already been said. You really must stop talking to bailiffs on the telephone... you should only put all of this in writing/e-mail to them; that way you can prove what you have said. So what they are really saying is that they don't care. Perhaps what you should be doing is involving other people like your local councillor, and your local MP, and the head of revenues -- because with all those people involved, your friendly local council tax worker might just suddenly discover that actually they really do care after all. Oh I wouldn't be concerned about that! I would be more concerned about paying them £20 a month out of my benefits, when they may only be, let me stress here MAY ONLY BE entitled to £12 a month paid directly to the council with no fees taken out. There is a template letter knocking about you can use to formally ask the bailiffs to return the account to the Council.
  8. That's interesting How officially does he live with you? Because, if he is moved everything to do with his life to your address and it is now his official residence, then you can expect a whole lot of people beating a path to your door. Although they may have the right to beat a path to your door... that doesn't give them the right to beat their way through your door. They have no right of entry. If you do nothing about it, then there is a definite possibility that they will take it away. If I were you I would have a Statutory Declaration witnessed by a local solicitor (should cost a fiver) and send them a copy, with a covering letter telling them that it is yours and that now you have given them notice that the property they have seized is not the property of the debtor with your property and they should release it from seizure immediately, and ask them to confirm that in writing. I'm sorry to hear about that, I'm afraid it's a lot more common than people think. If he owns nothing, and has no goods of any sort in your house, then you should send a separate letter from him, with a copy statutory declaration attached saying that he has no goods of any sort in your house. That's perfectly normal, and it's why you must never contact them by phone, only ever by e-mail/post.
  9. Hey Bookworm! Where did your snail go? I liked him, he was a friendly looking little guy I take we are talking about a Subject Access Request.
  10. There is no magic letter that will make them go away. The bailiffs will only leave you alone if they think that further action will gain them nothing, and they will form that opinion based on the kind of contact they have with you. That's why we use template letters, and pick them up on every mistake that they are bound to make. And that's also why when bailiffs are likely to be about, that we have to behave in a very special way. Parking cars away from the house, keeping doors and windows closed, not opening the door to anyone unless we know who they are, checking who's outside before leaving the house. It all sounds very difficult, but it's not... after a while it becomes a habit, all that you do is develop habits to keep your stuff safe.
  11. Well that means that they had abandoned the goods That means that they can't come in now. That's absolutely true, but unfortunately it doesn't ever stop them trying -- and that's because they are playing the numbers game -- there will be some people who will pay them exactly what they say they should pay them.
  12. of course it's ridiculous.. But that reply cost them nothing and annoyed you. You need to start writing letters and aggravating them, a campaign like I said. It's not personal, and it can be fun! The more letters you send to more people, getting them involved, the more hassle you create and the greater chance that they'll give you what you want.
  13. I would consider making a complaint to the Chief Constable, it may not solve the problem, but it might give you some satisfaction.
  14. yes it does. You didn't receive the Nto, because you are not the person responsible for the offence. So if I was you, I'd tick box one and write your reasons in the "more reasons" box below. Before you do that thought, and this is important, you should canvass more opinions than mine, because this isn't my speciality. Good luck, Chris.
  15. I agree! You really are dealing with muppets. The DVLA can only show that your mum has never been a Registered Keeper, that's not the same as a legal owner. She can have a Statutory Declaration witnessed by a solicitor for a fiver, and send a copy to the muppets, and keep a copy handy in case they or another bunch of muppets visit again. I hope she has learned not to talk to these people on the phone, they will only cause her more stress. I'd be worried too. If it was me, I think I'd be going down the harrassment route, because they already know it's not your mums debt. Find out which Council are responsible for the ticket, TEC should be able to tell you, their website address is: Traffic Enforcement Centre I haven't done one, but if you download the out of time statutory declaration form, you may find a bit on it where you can say it's not your debt.
  16. Depends on your benefits, but you should be able to have £3 a week deducted from your benefit.
  17. I wouldn't send a cheque, I would pay them directly online using either a debit or credit card. That way the council will not refuse the payment, and no fees will be taken out of your payment. If you send a cheque, there is the possibility that the council will return it to you and insist that you pay the bailiffs instead.
  18. No, but I shall fix that right away ! I did click on tinkerbell, she didn't look like any fairy I've ever seen. And I once had a job where I was, erm, advised to talk to the fairies. Anyone who's ever worked on the southern part of the Isle of Man will know what I mean
  19. post says it's from someone called suukusepy but their post doesn't appear on the thread, Any ideas anyone?
  20. Has anyone had any notification to this thread which includes pictures of Tinkerbell?
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