If this is the case then a bailiff must have noted the car on the drive on a previous occasion their is no other explanation for the bailiff knowing what vehicle reg to check with the dvla Carlman9 get on to the council and ask 1 - how many Liability Orders they have against you 2 - the dates they were obtained 3 - the addresses they were for 4 - the period of time each covers 5 - how much each one was for 6 - how much is still outstanding 7 - the dates they were passed on for enforcement send this to the council and Rossendale's "From: My Name My Address To: Acme bailiff Co bailiff House Ref: Account No: 123456 Dear Sir With reference to the above account, Can you please provide me with a breakdown of the charges. This includes: a - the time & date of any Bailiff action that incurred a Fee. b - the reason for the fee. c - the name(s) of the Bailiff(s) that attended on each occasion a Fee was charged. d - the name(s) of the Court(s) the Bailiff(s) was/were certificated at. e - the date of the Certification. This is not a Subject access request under the Data Protection Act S7 1998 so does not incur a fee of £10. You are obliged to provide this information. I require this information within 14 days. you can put money on their being 1st and 2nd visit fees on both accounts its a safe bet to assume that a bailiff has been in your area (possibly for the first account) noted the car on your drive so that he could levy it on a future date thus giving him the maximum fees the dates of the first /2nd visit should give you a rough time line of when your car was noted by a bailiff

My wife rang me on Thursday to say while she was at work rotten dales had been and levied on the car staring its reg and make and it was for 2 accounts this and last years, Are you saying that Rossendale's left your a notice of seizure listing your car on Thursday (yesterday) but your car was not their as its been in garage from January (sorry if I got that wrong ) did they leave 2 notice of seizure's listing the car on both on Thursday A levy on goods is not abandoned if the walking possession is not signed however the goods (the car) must be seen by the bailiff on the day of the levy (car on drive or street )

I received a hand delivered letter from a company called Jacobs at 7am one morning, he didn't knock on the door as my two dogs would have let us know, In massive red numbers £375.00 in 48hrs or we'll return to remove goods to the value!. According to the breakdown you never had a visit at 7 am Have you still got this letter did it have a time and date on it P.S. their is no such thing as an attendance fee their is an attendance to remove fee that can be charged following a levy (not the same day ) http://www.bexley.gov.uk/CHttpHandler.ashx?id=3028&p=0 C For one attendance with a vehicle with a view to the removal of goods (where,following the levy, goods are not removed): Any complaint should be made to the head of revenues of your council with a copy sent to the CEO and Jacobs the letter /e-mail should be headed Formal Complaint

im very pleased to her you won I hope you inform the CEO . leader of the council your MP all local councillors ect of todays events after all they were quick to defend their bailiffs

I still have to set up an affordable repayment agreement with Chandlers which is a legal requirement - although have to say when I had asked this of their bailiff, despite being aware of my need to retain the car he was completely unbending and refused the request. Actually its not a legal requirement that you must pay chandlers (I wonder if they would put that in writing and provide the legislation for this ) If you are going to pay chandlers you MUST get the agreement in writing from them Your date of payment MUST be made 100% clear you want it in writing what date the payment has to reach their account Do not agree to a manual payment INSIST on standing order set up the standing order for 7/8 days before the date they expect to receive it Inform them that you wont be paying a fee to make the payment as legislation doesn't allow for a payment fee to be charged (their agreement with the local authority does not override legislation ) Do not agree to an amount you cant afford their is no point Every e-mail you send chandlers regarding the payment agreement copy in your council

txt Mr G and ask him to confirm the date he was certificated and at what court if he has nothing to hide he should be happy to give you this information E-Mail [email protected]. uk and ask them if Mr G who is currently employed by chandlers is a certificated bailiff and to confirm where and when he was certificated and his current employment status Chandlers cant add £100 to this debt unless you have had at least 3 visits from a certificated bailiff to levy distress £24,50 for the first visit and £18 for the 2nd visit where no levy takes place the 3rd visit would incur the levy fee a levy fee on a dept. of £398 is £37 if the levy is signed a walking possession fee of £12 can be charged giving a total amount of fees of £91.50 if the above visits and levy by a certificated bailiff did occur time to get in touch with your council to find out what fees you have been charged and by what bailiff don't let the council tell you they don't know they should be polite but firm tell them you will expect a return call within the hour after they have spoken to chandlers also ask them to confirm Mr G is certificated to chandlers at what court and the date of his certification If they get shirty tell them the fact that you believe you have been charged unlawful fees and the fact that Mr G has threatened to return to remove goods (given that his certification has now been brought into question ) for an alleged £1 underpayment should be enough for them to act asap after all Chandlers and Mr G are working on behalf of the authority therefore the fees in question have been charged by the local authority http://www.legislation.gov.uk/uksi/1992/613/regulation/45/made Distress 45.—(1) Where a liability order has been made, the authority which applied for the order may levy the appropriate amount by distress and sale of the goods of the debtor against whom the order was made.

the first thing you need to do is stop worrying about this he has no legal powers if he is not certificated he should not be charging fees only certificated bailiffs can levy/remove goods and charge fees IF he does turn up at your door (through the letter box or upstairs window) ask him to produce his certificate AND the letter from the council giving him authority to collect this debt tell him if he cant produce it you will be calling the police as he has no legal right to be at your door http://www.legislation.gov.uk/uksi/1992/613/regulation/45/made (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 you should find out from the council the exact amount of the liability order (the amount that was passed over to chandlers for collection) has their been a levy on your goods ? how much have you paid in total to this debt ?

I wonder if its the same local authority you can name the local authority if you want to If he is not certificated he should not be charging fees or threatening to remove goods SILVERCAT55 has he charged fees does the Notice of Attendance have an outstanding council tax balance + fees added for his visit

perhaps the reason your car was not levied by Mr G is because he is not a certificated bailiff his name does not appear on the bailiff register it may therefore be advisable to contact chandlers and your council to ask for proof of Mr G date and court of certification having said all that the register is not always up to date an e-mail should be sent to [email protected]. uk to confirm if he is a certificated bailiff what's the approx. value of your car would a sale at auction cover all bailiff fees including removal and sale costs plus a portion of the debt if it wouldn't then perhaps this is another reason no levy was performed by Mr G

Hi welcome to CAG.

Originating Debt - 10/06/2013 - £1031.89 Bailiff Visit Fee 1 - 02/07/2013 - 12:40pm - £24.50 you need to find out if the bailiff was certificated before the 4/7 as this could be the renewal date (certificate only lasts 2 yrs ) you should write to the court and ask if 4/7 was the date he renewed his certificate and was he certificated before the 4/7 you may also want ask the council and Phoenix to confirm bailiff mrxxxx was a certificated bailiff on the 2/7 therefore making the date 4/7 the date he renewed his certificate and ask them to confirm the court and date of his pervious certificate If he wasn't a certificated bailiff on the 2/7 then he shouldn't be charging the 1st visit fee A For making a visit to premises with a view to levying distress (where no levy is made) where the visit is the first or only such visit £24.50 http://www.bexley.gov.uk/CHttpHandler.ashx?id=3028&p=0 Bailiff Visit Fee 2 - 10/07/2012 (that's not a typo on my part) - 12:40pm - £18.00 Bailiff Visit - 11/07/2013 - 08.28am - £0.00 Levy Fee - 11/07/2013 - 14.20pm - £54.00 To charge a levy fee the bailiff must (legally ) at the time of the levy leave a notice of seizure/distress listing the goods levied and the fees charged for this Ask the council and PNX to provide proof of the bailiffs levy (if you have vehicle don't park it outside your house wont be the first time a drive by levy has been done after the bailiff has been asked to provide proof of a levy and its usually a car and they will swear blind that they left the notice of seizure ) Distress 45 http://www.legislation.gov.uk/uksi/1992/613/regulation/45/made 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. Bailiff Visit - 27/08/2013 - 13.33pm - £0.00 Very strange to see no fee charged here why didn't the bailiff charge an attendance to remove fee this fee can be anything from £100/200 at this stage of enforcement and with an alleged levy in place ive never seen a bailiff not charging this fee Debit Card Fee - 11/07/2013 - £0.50 Payment Received - 11/07/2013 - £120.50 Payment Received - 28/08/2013 - £120.00 Total Payments Received to date - 29/08/2013 - £240.50 Total Amount Outstanding to date - 29/08/2013 - £888.39

please don't panic or worry about not going to court you don't have to appear in person you don't actually go in front of a magistrate its no more than a paper exercise for the court so the council are granted a liability order so they can enforce the debt are your council offices close by so you can go and see them in person

the bailiff can only remove goods belonging to the debtor as its her house I would assume except for his personal stuff (clothes ect ) the goods in the house belongs to mum tell mum-in-law to go to a solicitor and get a statutory declaration done to this effect it cost approx. £5/10 send a copy recorded delivery to Marston's and the fine manager at the court xxx she may want to add a letter saying she is 70 yr old and partially blind and that she may not be the debtor but its her home and she is a Vulnerable person

Also just gone to the bailiff register and i can not find his name on there it lists his signed name as [EDIT] from marston bailiffs the only ***** thats showing is a a one working for rossendales http://www.consumeractiongroup.co.uk/forum/showthread.php?377382-Certificated-Bailiff-Register-Updated you need to send an e-mail here [email protected]. uk and ask if he has had a change of employer it may be that the register has not been updated you could also e-mail the issuing court to see if he has changed his employer

its not just the levy fee and WP fee as you know a van/attendance fee will be added to this debt I would hang on before writing the e-mail/ letter of complaint (wont get till Tuesday anyway) I would like to find out for sure if a bailiff enters a porch (bearing in mind the front door is locked preventing them going into the house) if this would be classed as peaceful entry into the property therefore giving the bailiff the right to call the police to help him get into the house to levy I believe once a bailiff is in a house he can break into a locked room but if the police hadn't arrived and allowed him in could the bailiff have legally broken down the door/ called a locksmith to gain enter into the house

Tonight my neighbour got a shock when a bailiff walked through there door at half 6 he has gone round the house after a officer allowed him in can you explain what happened before the officer arrived ? can someone tell me if a debtor refused a bailiff entry to their property (council tax and their was no previous entry)and the bailiff used the police to gain enter to debtors property to levy goods would this still be classed as peaceful enter therefore the levy would be valid ?

you cant send that you need to establish some facts first until you get the breakdown of fees and payments made to each council you don't know what fees you have been charged if they are trying to charge a van then their must be a levy fee on at least on of your account how do you know the £391 is owed to Gloucester Council ? when you received the initial letter from B&S asking for £1800 did the letter explain how much you owed to each council (or did they send a separate letter each)? did they tell you how your payments of £400 per 2 wks would be distributed between each council ? did you check to see how much you have paid to B&S in total?

in that case its even more important to get a breakdown of fees for all accounts

well your sofa may be is exempt goods (cant be levied ) how many people live in your house if the sofa was removed would their be enough seating for the whole family can you post exactly what's written on the notice of seizure including the fees charged (how many notice of seizure did he leave if its only one how many council tax ref no/bailiff ref no has he put on the notice of seizure its looks like you have no choice but to pay B&S you will need to get a breakdown of fees for all accounts from each council and from B&S

As mentioned above, there was a vehicle immobilisation notice and a Form 7. In it, he added 400 for bailiff costs (inc VAT), giving a grand total of 1599. The CT is also up, which I think is due to charges added. But the vehicle immobilisation notice says 1985? get in touch with the council and ask the exact amount of the liability order (the amount sent to the bailiffs) post up the fees he has charged as written on the notice of seizure what's the approx. value of the car is it on HP their is no vat on council tax enforcement have a look to see if he is certificated http://www.consumeractiongroup.co.uk/forum/showthread.php?377382-Certificated-Bailiff-Register-Updated

Civea Civil enforcement association http://www.civea.co.uk/ M O J Ministry of justice http://www.justice.gov.uk/ All local authority's are responsible for ALL actions of their bailiffs their are several local Government ombudsman reports confirming this http://www.consumeractiongroup.co.uk/forum/showthread.php?399419-Paid-council-tax-direct-bailiff-charging-fees-what-are-their-rights/page2 As a rule when the bailiff firm is Equita or Ross & Roberts Capita are usually the councils back office provider to administrate and enforce council tax (when you phone your council you could be speaking to a capita employee ) Capita own 2 firms of bailiffs Equita and Ross & Roberts

As a rule I wound get involved on a thread like this don't know enough about legislation but I do have an opinion the notice of distress and the Walking possession agreement used to be 2 different forms now they are one form the walking possession agreement usually at the bottom of the notice of distress Its about time they were put back to 2 forms maybe then it wouldn't come across to the debtor as this agreement needs to be signed by the debtor to make the levy legal

grrrrr I just wrote a long post and lost the lot they sent original rates bill to our current premises but appear to have sent reminders and liability order to our old registered office ( we moved reg office more than 12 months ago) yet the bailiff had the correct address . when we phoned and explained this - they were dismissive and said they cannot now cancel bailiffs as they have been instruct am I correct in thinking your old registered office was also your business premises and your new registered office is also your business premises

have you looked to see if the bailiff is certificated to the bailiff firm http://www.consumeractiongroup.co.uk/forum/showthread.php?377382-Certificated-Bailiff-Register-Updated

the only difference between the enforcement of council tax and NDR is tools of trade are not protected goods everything else is the same including bailiff fees to levy goods the bailiff MUST leave a notice of seizure/distress at the time of the levy (This is a legal requirement ) the goods listed as levied must be easily identifiable example a bailiff leving goods in shop lists this list should be no good as it does not identify the goods levied shampoo 30 btls soap powder 35 pkts this list easily identifies the goods 30 btls John Frieda shampoo 1ltr 30 boxes daz soap powder 25 washes have a look at appendix 2 and see the form 7 you should have been left this when the bailiff entered your business premises if he had levied goods http://www.legislation.gov.uk/uksi/1988/2050/contents/made with no levy your bailiff fees can legally be no more than £42.50 A levy fee on a 10k debt is approx.£158 after a levy has been made and you don't pay in full or you default on a payment agreement you will be charged an attendance to remove fee (this fee is reasonable costs ) this fee cant be charged the same day the levy is made on your goods again you don't say what bailiff firm you are dealing with however if the bailiff firm is Equita or Ross & Roberts you may find that Capita are your councils back office provider to administrate and enforce council tax (when you phone your council you could be speaking to a capita employee ) Capita own 2 firms of bailiffs Equita and ross & Roberts this could be why you are getting no help from your council and you have been well and truly shafted with the fees the bailiff is charging