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UK27

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Posts posted by UK27

  1. A van fee cannot be charged, the fees are specified in Schedule 5 of the Counilc Tax(Administration & Enforcement) Regulaions 1992 SI 613 states that Head C allows for :

    For one attendance with a vehicle with a view to the removal of goods (where, following the levy, Reasonable costs and fees incurred

    goods are not removed):

     

    This means that there must have been a levy for the fee to be charged.

  2. I have said all that I can, I do not believe that you have to worry, of course you will have to pay the debt but how you deal with the bailiffs is up to you. The fact that the bailiffs have been calling you all night is a bit strange, I wonder if they are following this thread, in any case they cannot remove your goods over the phone so the best thing to do is speak to them. They really do not want your goods as they are unlikely to cover the debt and costs, speak to them as avoidance gives them no option but to call and enforce. Failing that take the advice of Conniff, 4,500 posts must mean something.

  3. 5) The person levying distress on behalf of an authority shall carry with him the written authorisation of the authority, which he shall show to the debtor if so requested; and he shall hand to the debtor or leave at the premises where the distress is levied a copy of this regulation and Schedule 5 and a memorandum setting out the appropriate amount, and shall hand to the debtor a copy of any close or walking possession agreement entered into.

     

    The memorandum setting out the appropriate amount relates to the chages in schedule 5

  4. I have some concerns about Conniff's motive on here as most of what is said seems to support the bailiff so would not be surprised if it was the bailiff. The term irregular relates to the state of the levy, this means that whilst the levy is not illegal because there is a liability order in force the actions of the bailiff constitute an irregularity and therefore an invalid levy.

  5. OK in simple terms the bailiff must specify the costs otherwise the levy is irregular and therefore invalid, he has not done this, legally the levy is void. I have posted a link to the regulations have a look at 45 and then look at the walking possession agreement the bailiff has left, it is laziness on the part of the bailiff but nevertheless will invalidate the levy

  6. The regulations require the bailiff to leave at the premises an inventory and schedule of fees, there is no schedule of fees as the bailiff has stated the amount is inclusive, therefore there is no record of the fees charged, this is a legal requirement under section 45(5) of The Council Tax(Administration and Enforcement) Regulations 1992 SI 613

    (5) The person levying distress on behalf of an authority shall carry with him the written authorisation of the authority, which he shall show to the debtor if so requested; and he shall hand to the debtor or leave at the premises where the distress is levied a copy of this regulation and Schedule 5 and a memorandum setting out the appropriate amount, and shall hand to the debtor a copy of any close or walking possession agreement entered into.

    Schedule 5 details the costs, go to www.opsi.gov.uk to find the Statutory instrument

  7. The first thing is DONT PANIC!, the bailiffs do not want the goods they want the money. The schedule of fees is flawed as the law requires the bailiffs to detail the actual fees, it is not acceptable to put "inclusive" and whilst this does not make the "levy illegal" it is nevertheless irregular and therefore invalid. Call the bailiff personally, the bailiff company and the council to advise them of this and that you will not allow the bailiff access if they return to attempt to complete the levy. If that fails hide the laptop and projector at a friends house, the washing machine, one TV and the oven are exempt items and therfore cannot be seized, the reamining items will not realise the debt and the levy will be abandonded.

  8. It's easy for me to say but there is nothing to worry about, the bailiffs are calling your bluff in the belief that they are at the right address. The law provides good protection for people in your position, the first thing to remember is not to get "stroppy", call the bailiffs and explain the error of their ways and you should find the situation resolved. They have effected "constructive distress" which incidentally is illegal, however not even the bailiffs are stupid enough to come along and take the car without checking the registered keeper and assuming you are not the debtor then you have nothing to worry about.

  9. I have been following this for some time as I have a similar problem, however after reading the last post I would like to know if you have won or not, it seems to show that you had no case but I may have missed something (I hope so because I am in a similar position except my car is subject to a walking possession agreement) some advice please

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