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Everything posted by hallowitch

  1. I will give the best advice you will ever get regarding the site with the widget don't touch it with a barge pole it may look good but its not and most regular posters on here know this site very well and none of us would advice you or anyone else to use this site
  2. do you think I should use the Anthony Culligan detailed assessment I know its for a PCN but it does state DJ Avent says at paragraph 50 of his Judgment:- "Accordingly, in my judgment the bailiff should not and, as a matter of law cannot take any steps to remove goods until he has given the debtor a reasonable opportunity to pay what is due at the time of seizure. This being so I cannot see that Form 7 can or should include any costs of removal.
  3. I'm actually lost for words (that's a first) Im not sure if I can post the full response to my meeting with my council regarding the Hedder C fee (attendance to remove fee ) and not to get it confused with my thread regarding the hedder H fee I thout I would start a new thread The jist of reply as to why the can be charged is There is no High Court ruling in this particularmatter and it is a matter of interpretation of thewording of the regulations as to whether the Header B fee and Header C fee can be charged during thesame visit. There is Counsel Opinion which supports chargingthe Header C fee on the same day as the Header B fee because the application ofthe regulations can be interpreted either ‘nothing expresslysuggests that any fees chargeable under Schedule 3(1) ©(Schedule 5 forcouncil tax) must relate to a different visit to any fees charged underSchedule 3(1)(B) (5(1) (B) for Council Tax), indeed, the wording..in my viewclearly 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 alevy takes place in respect to that Liability Order’. The wording does not say‘where following the levy visit the goods are not removed’ so ithas always been the councils position that no additional visit is requiredbefore the Header C fee can be applied and the bailiffs are not actingillegally in this respect.
  4. yes I have it downloaded and I printed it out so both myself and my councillor have a copy of it going to start a new thread about the van fee so we don't get mixed up with hedder H and C
  5. they are certainly twisting the words of the regulation to suit the situation perhaps they should ask excel why they don't charge the fee as they state Ref: FOI3171 Date: 17 May2013 ExcelEnforcement have stated that for Question C, the amount would be zero as no ATRfee is applied on the same visit as the levy.
  6. I cant believe they are using this point to justify the Hedder C fee being charged the same day as the levy I think I should start a new thread on the Hedder C fee The wording does not say‘where following the levy visit the goods are not removed’ so ithas always been the councils position that no additional visit is requiredbefore the Header C fee can be applied and the bailiffs are not actingillegally in this respect.
  7. well guys ive a reply from the council there legal opinion is that a hedder H fee can be charged at the time of the levy They also Claim its Legal to charge an attendance to remove fee on the same day as they levy goods im not sure if I can make this public so if you want to read it ask and I will send you it by PM
  8. beer guzzler your doing ok well done hopefully they will relies the error of their ways now and remove the fee before it goes to the ombudsman
  9. who said he needed a Sub Contractors Certificate I said he needs a safety passport ticket safety being the name of the game in the construction industry if you want to live to a ripe old age pervious employers or company's that know him by reputation wont touch him without this ticket as I said prospective employers would think he was an idiot or his C.V. was a lie if he applied for a job without this ticket
  10. May I point out that my husband is 57 yrs of age in his whole working life 40 yrs he has been unemployed in for less than 3 months in total he was only paid off 2 weeks ago he hasn't even had a payment from them yet he is a very proud man with a strong work ethic and takes pride in chosen career and would never send a C,V, to a prospectus employer without this ticket they would think he was some kind of idiot or his C,V, is one fat lie because no construction worker worth his salt would apply for a job that requires this ticket the point I am making is they found the jobs for him (I had already seen them that's why he asked about funding) they want him to apply for the jobs they are in his field but without the correct tickets he know full well once he sends in a C.V. and they see he doesn't have the ticket they wont look at his C.V, again We will pay for it our self just like we paid for the last few he had to renew to get his last job but I can assure you paying for will stick in my throat (not his ) I
  11. Start a new thread mate you have been seen as a cash cow right from day one because of the amount of the debt you will be seen as rich pickings they cant charge £110 at the start of your account fees for NDR are exactly the same as council tax and cant be more that £42,50 without a levy levy fee on a debt of ££5225.00 is £111 as you have not been left a notice of seizure/distress I strongly suggest you don't park your car near your house now that you have questioned the fees they will drive past your house note your reg and say we levied on vehicle ABC 123 on (date) and did leave a notice of seizure
  12. I expect my hubby will be sanctioned shortly not through lack wanting to find work this is 3rd term of unemployment in 40 yrs and has always found a job within weeks of being made redundant /paid off Why do I think he will be sanctioned J.C,_ have you applied for these jobs (hands him a list of jobs in his field ) Hubby_ No I need a safety passport ticket and I haven't got one do you do grants to get this ticket J C_ yes we do we have £300 but you must apply for the job and once they guarantee you a job we will pay for it takes about 6 weeks altogether Hubby- cant apply for the jobs without this ticket they wont even look at my C,V, and it wont look good for me applying for a job without this and they wont look at my C.V again if I sent it again after I get my ticket J.C. - well that's the way its works so apply for the jobs Hubby - I cant I have no safety passport and no firm is going to Guarantee me a job and wait weeks for me to start JC - you must apply for the jobs Hubby- forget it I will find the money and pay for it myself so I expect the next visit to the J,C, will be fun because he cant /wont apply for any jobs that need this ticket till he gets one and all/most construction sites wont let you on site without one
  13. outlawla I cant thank you enough for your help its invaluable I have been reading the posts should be able to reply properly by the end of week if tomorrow goes ok
  14. Thanks guys all info gratefully received to be honest I've read the report a few times now but im not taking it in at the moment (Major family situation causing lack of sleep ) so im very grateful for the help that's being given to picking the report apart
  15. Thanks for posting the paperwork and Wilson v south Kesteven outlawla very much appreciated Our council don't use Ross & Roberts so I can only assume that they used them in 205 when this was written I was only handed it after the meeting when they mentioned they had a report from a bailiff firm I said ohh is that one of the CIVEA reports I believe there were2 but they only rely on the one in favour of charging the fee (no wonder they looked at me daft ) They said we don't get many complaints about the bailiff fees I said really I know of 3 because I wrote the letters I did say they were dealt with within days in the debtor favour I would say it was a good meeting as to the Hedder H fee they didn't dismiss the fact that I could be right and they are going to seek legal opinion so we will see what that brings but I expect there will be a round 2 I will be better prepared the next time can anyone give me Mcleod v Butterwick , Willison v South ,and the South Ribble Case please I would be most grateful can anyone confirm If Regulation 10 of The Distress for rent rules is only for rent and not council tax Fees, Charges and Expenses 10. No person shall be entitled to charge, or recover from, a tenant any fees, charges or expenses for levying a distress, or for doing any act or thing in relation thereto, other than those authorised by the tables in Appendix 1 to these Rules. Does appendix 1 apply to council tax The Van fee charges that Rossendale's provided I don't see how they can argue the toss on that one but I wont hold my breath waiting on the council involving the police but if not I will be asking why not after all as I said at the meeting a bailiff knows when to charge this fee and its not the day he levies goods
  16. Well Mr Jones the councillor and I went to see the council yesterday about the Hedder H fee and the Attendance to remove fee being charged the same day as the levy we agreed that the Hedder H fee was a controversial fee and there were different opinions they stated the south Ribble case and agreed that there were several LGO reports saying it couldn't be charged I said it was an advertising fee introduced in 1993 and can only be charged if goods are removed Council said No its not just for advertising its for other expense's couldn't tell us what other expense's or why some bailiffs charge it and some don't but its something to do with the Walking possession agreement I argued my case and said the levy fee covers their expense's I mentioned Regulation 10 of The distress for rent rules 1988 and was told that does apply to council tax only rent I asked if they had taken legal advice and spoke to there solicitors and they said NO they will however consult them now and get back to us there was further conversation about it but that was the jist of it they ask what we wanted and I said if im correct return the money and remove the fee They gave me some paperwork with the information they are relying on to charge the fee (outlawla will you please post it on this thread please) I told them that I still think they are wrong and I wont be going away I then got on to the Van attendance fee being charged the same day as the levy They didn't think they were discussing that today well they thought wrong I asked why Rossendales bailiffs had charged the fee 197 times from 209 and why neither Jacobs or excel had provide the information MR Jones the councillor then commented about the lack of information and why the council cant provide the info asked for information before the next audit committee I was told that as they hadn't planed to discuss it they would have to check legislation on that I stated that there would be no argument with this fee as I know im right and had they read the FOI they would have noticed the comment from Excel who hadn't actually checked there records but state the answer would be none as an ATR fee cant be charged the same day as a levy I went on to say how many bailiffs is this 5/10 more than 10 is it the same few bailiffs Systematically defrauding us because make no mistake that's what it is and it must be looked into and if its the same bailiffs all the time then at the very least I would expect a form 5 to be sent to there certificating court however it is fraud and the police should be involved Council told me I was getting ahead of myself said I wasn't because I am correct there is no contravention as to when this fee can be charged
  17. I took it down im naff with things like this but I will keep trying they scanned to my pictures but at least I managed to get them on my laptop so for me that's a bonus
  18. well I had my meeting with my council yesterday and I intend to start a new thread but im having trouble uploading documents and I want to upload the information I was given by the council that they are relying on to charge the hedder h fee which seem to be the opinion of Ross &Roberts LTD using McLeod v Butterwick 1998,Wilson v south Kesteven district council ,court of appeal judgment Wilson case, and the south Ribble case A copy of the full judgment's of the above cases would be appreciated if anyone has them
  19. you should send a freedom of information request to the local authority and ask for there contract/ service level agreement they have with the bailiff firm or ask what there contract /service level agreement says (If anything) regarding the removal or clamping of blue Badge and disabled nil tax disc Vehicles
  20. you would be surprised the amount of threads that never come to a conclusion good or bad I have asked the site team to amend your thread heading to reflect your win
  21. Well done and thank you very much for coming back and telling us how you got on its helps others to see that things can be resolved
  22. I think the local authority and the bailiff firm decide what the fee will be by council (Jacobs) charge £110
  23. Pumpkin Made for me by my grandson because its my Birthday today
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