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hallowitch

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Everything posted by hallowitch

  1. have the council actually sent you court date for a committal hearing or are they just threatening to apply for a committal hearing
  2. Attandance Van: 50 23.05.2011 IF they had a valid levy on your goods and were entitled to charge An attendance to remove fee it can only be charged once unless goods are removed
  3. I guess I will write Phoenix now and ask them what they have levied in this case and wait for an answer. NO you e-mail/write (recoded deliver) to the council and ask them to provide a copy of the notice of seizure listing the goods there agents (Phoenix bailiff) levied on there behalf against this debt you send a copy of the e-mail/ letter to Phoenix
  4. Levy Charge 18/9/12 £57.00 Walking Possession 18/9/12 £12.00 Total card fees £3.00 Enforcement fee 19/11/13 £150.00 Waiiting time 19/11/13 £60.00 nope not good enough you want a full audit of all accounts there is no such thing as an enforcement fee or a waiting time fee there is an attendance to remove fee that can be charged if the bailiffs attended to remove goods because the debtor failed to keep to a payment agreement therefore a payment would have to have been missed between these dates Levy Charge 18/9/12 £57.00 Enforcement fee 19/11/13 £150.00 if payments were made and allocated to a different account then you are not responsible for how the payments are allocated carry on with the formal complaint and get the full audit of accounts
  5. previous levy has no bearing on this debt they cant enter your property or add levy fees for this new debt using the previous levy keep your car away from your home your doors locked windows closed and pay the council you should make a complaint to the council informing them you did not break the payment agreement the reason payments were not made is because the bailiff firm did not give you any account details to pay the debt you should also ask the council to provide the following information 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 8 - the dates & amounts of any payments . send this to the council and the bailiff company (by e-mail and/or recorded delivery letter) put both account ref no on it because you need to find out if you were over charged on the debt you paid (odds are in your favour that you have been) From: My Name My Address . To: Acme Bailiff Co Bailiff House . Ref: Account No(s): 123456/ 891032 . Dear Sir . With reference to the above account(s), 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. . Yours faithfully . Ripped off customer"
  6. send it today and give him 14 days you should include a copy of all correspondence you sent to the council and the bailiff firm and a copy of the reply's you received Make it clear its not good enough to tell you that an overpayment of £25 has been made without giving you a full account history to show how they arrived at this figure and why the overpayment came about
  7. http://www.consumeractiongroup.co.uk/forum/showthread.php?394368-Guidance-to-local-councils-on-good-practice-in-the-collection-of-Council-Tax-arrears the bailiff is acting as an agent for the council (contracting out regulations) the bailiff levy's on the councils behalf its the councils debt the councils levy
  8. you want a full adult of each account to include for each account council tax ref and bailiff ref for each account fees charged for each account to include the date of each fee the amount of each fee the reason for the fee if a levy fee has been charged a copy of the notice of seizure that the bailiff and council are relying on to charge the fee for each account full payment history to include the date the payment was received by the bailiff firm the amount of each payment the bailiff and council ref no each payment was allocated to the date amount and ref no of each payment that was forwarded on to the council
  9. No do it now both the council and bailiff firm have had enough time to reply properly to your request make sure the ceo is in no doubt that they (the council ) should be able to give you all financial information you requested including copy's of all notice of seizure that they (the council ) are relying on to charge levy and van fees on all accounts give the date you first requested the information and inform him its unacceptable that you have still not received this info after (x amount of weeks) from neither the council or bailiff firm
  10. formal complaint to the ceo of the council is your next step you must head your letter/e-mail formal complaint find out who the ceo is and address it to him by name you should be able to find his name and e-mail address on the council website
  11. for all those who will find the next few days difficult ... three wishes , the serenity to accept the things you cannot change , the courage , to change the things you can , and ,the wisdom to know the difference . Merry Christmas xxx
  12. it doesn't matter who the bailiffs are a copy of the same stat dec will suffice you don't need a new stat dec every time a different bailiff firms calls for your son
  13. Going through more papers, a Form 7 Notice of seizure and Inventory of Goods has turned up from last year - on it a few minor items are listed, no values afforded. In the Accounting Box, the total debt is shown and bailiff costs inc VAT of £135, which are then added to the debt. what goods are written exactly as the bailiff wrote them what's the outstanding balance for council tax as written on the form 7
  14. what bailiff firm is this ? is he certificated to the firm of bailiffs that is enforcing the debt ? http://www.consumeractiongroup.co.uk/forum/showthread.php?377382-Certificated-Bailiff-Register-Updated
  15. you may want to add F - If a levy fee has been charged on any of the above accounts please include a copy of any notice of seizure at this initial stage I will accept a list of all goods levied for each account
  16. First of all establish from the Council how much was owing etc You need to speak to someone at the Council and ask the following questions: 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 8 - the dates & amounts of any payments . Next you need to send off for a breakdown of the charges the bailiff applied. Here's an example, use and adapt at will and best sent initially by email backed up by a copy in the post send it to the bailiff firm and the council by e-mail and recorded delivery letter . . "From: My Name My Address . To: Acme Bailiff Co Bailiff House . Ref: Account No(s): 123456/ 891032 . Dear Sir . With reference to the above account(s), 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. . Yours faithfully . Ripped off customer" once you receive a reply we will be able to see what has been overcharged If they have been in house at any time to levy goods posts up the goods levied and fees charged on the notice of seizure
  17. Hi Rae long time to speak to be quite honest my hubby is happy to pay for it (and probably will) its me that pushing for funding (if that's the right word) we paid for the last one he needed to get his last job I really don't understand why my sons J.C. is bending over backwards to help him sending him to renew out of date tickets and this new ticket and his J.C. are doing nothing except giving him jobs to apply for that he has no chance of getting without this ticket
  18. I expect thing have changed over the years but what I cant understand is both my hubby and son are in same position the only difference being that he signs on in England hubby signs on in wales son came in this morning to tell us he is going for training to get the ticket he needs and several other tickets that he had held previously that have run out that's why i was wondering if hubby is not asking the correct questions or speaking to right person at the J.C. he has only had his initial interview and signed on twice so he really has only spoken to the person who he signs on with
  19. Ok hubby was made redundant after 13 he only signed on twice before he got a job this lasted 6 months and he signed on again 4 weeks ago( Wales ) we both had to go to his first interview at the J.C. as it was a joint claim I had to fill in an exemption form (so I don't have to sign on) because I claim carers allowance (I care for my DIL) council tax benefit was claimed through the J.C. ( his last claim we claimed through the council for council tax rebate and his claim was a just for him) I did query why thing were different to his last claim as it was only 6 moths ago advisor told us because of the new universal claim rules Job seekers allowance was awarded and he received his first payment last week Phoned the council this morning as no council tax rebate letters received council have told us we need to fill out a form with them as they have had no instruction's from the J.C. we need ask for the claim to be backdated and give the reason why we didn't claim it before now (we did through the J.C.) He has asked the J.C. if there is funding to get the qualification he needs only to be told if the employer guarantees the job and we will pay for his qualification (no employer is going to do this ) so against his better judgment he is Appling for jobs in his industry that he knows he has no chance of getting because he hasn't got the qualification needed to get on site (most if not all employers want this qualification) My son who is in the same position (both work in the same industry and both worked the same company's ) but signs on in England explained to his advisor why he cant apply for jobs because of lack of this qualification ) they are bending over backwards to help him and he is now going on a few courses to get a few different qualification's for his industry (including the one my hubby needs) Is my hubby doing something wrong here is he not asking the correct questions to get on some kind of work program to get these qualification's There are loads of jobs out there for him but none will employ him without this qualification an example of this is I sent his C.V last night about 6pm to a firm less than 1/2/ hour later they were on the phone very impressed with your C,V, Mr witch do you have qulification no I don't sorry cant employ you
  20. If your happy with the attachment of earnings I would leave them to get on with that as it will save you a lot of hassle your employer can charge a £1 per payment I believe Im not sure if the attachment of earnings can include bailiffs fees (I suspect they might) it may be a good idea to find out what fees have charged and if they are included in you AOE Has the bailiff got a levy on your goods
  21. Thanks very much tomtubby I would be very grateful for this info Im getting the feeling I opened a very big can of worms with this Hedder C fee and they will fight to the death on this issue I said at the time of meeting that they should be looking to see if its just a few Rossendale's bailiffs charging the fee and as they know it cant be charged at the time of the levy the bailiffs concerned should be reported to police for fraud as this is what it is plain and simple fraud but at the very least I would expect a form 5 to be sent to their issuing court Jacobs didn't supply the info and my councillor has asked for it and excel didn't check there records but claimed the amount of times both Hedder B and Hedder C have been charged on the same day would be Nil as they don't charge both the fees on the same day Once again thanks
  22. I was thinking along the lines of this DJ Avent says at paragraph 50 of his Judgment:- "Accordingly, in myjudgment the bailiff should not and, as a matter of law cannot take any stepsto remove goods until he has given the debtor a reasonable opportunity to paywhat is due at the time of seizure. This being so I cannot see that Form 7 canor should include any costs of removal. This FOI information reply must mean all Rossendale's bailiff must all use vans /low loaders all the time because they have no idea what goods if any the debtor has to levy before they get there levy talk about contradicting themselves d) where bailiffattended in regular transport, i.e., without removal van/tow-truck Allof the bailiffs have stated that on each case, the bailiff will attend using anappropriate vehicle. Enforcement bailiffs will use a van capable ofeffecting a removal therefore each time a van fee has been incurred, there wasa bailiff in a removal van present.
  23. :shock:With COUNCIL TAX there is clear case law that an "attending to remove" fee cannot be applied UNLESS there is a prior valid levy. Warning tomtubby if you have stiches please don't bust them laughing at the ludicrous reply my self and local councillor got when we challenged the 197 times the fee was charged the same day as the levy from 209 till 2013 by Rossendales The jist of reply as to why the can be charged is There is no High Court ruling in this particular matter and it is a matter of interpretation of the wording of the regulations as to whether the Header B fee and Header C fee can be charged during the same visit. There is Counsel Opinion which supports charging the Header C fee on the same day as the Header B fee because the application ofthe regulations can be interpreted either way Axxxx Txxxx QC stated that ‘ nothing expressly suggests that any fees chargeable under Schedule 3(1) ©(Schedule 5 for council tax) must relate to a different visit to any fees charged under Schedule 3(1)(B) (5(1) (B) for Council Tax), indeed, the wording..in my view clearly suggests to the contrary: the phrase in brackets – “where, following the levy, the goods are not removed” makes more sense if the visit is the same visit as the one during which the levy is made’. indeed , the wording..in myview clearly suggests to the contrary: the phrase in brackets – “where, following the levy, the goods are notremoved” makes more sense if the visit is the same visit as the one duringwhich the levy is made’. ‘In my view therefore, a separate fee is chargeable for attendance with a vehicle on a visit where levy takes place in respect to that Liability Order’. The wording does not say 'where following the levy visit the goods are not removed’ so it has always been the councils position that no additional visit is required before the Header C fee can be applied and the bailiffs are not acting illegally in this respect.
  24. Your parents should get in touch with the revenues department of the council by e-mail and/or recorded deliver letter (send a copy of the e-mail/letter again by recorded delivery to the bailiff firm) informing them that there Bailiffs are attending their property looking for their son who does not live with them he has not lived there for x amount of years and has no goods at there address to levy against and as pensioners they are finding the situation distressing and fear that the bailiffs may remove there property for there sons debt
  25. http://www.consumeractiongroup.co.uk/forum/showthread.php?379212-National-Standards-for-Enforcement-Agents
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