yes i see what your saying now HW.. As it shows Feb date maybe he pre filled it out to be on sfe side.. Will bear that in mind all the same. What i was trying to find last night before i fell asleep was where does it state that a bailiff cannot levy for there own charges ? If i can get this info then everything is covered Thanks Eggy12

If she is not certified then i would imagine she could not impose these threats.. Check the name on the data base here http://www.hmcourts-service.gov.uk/CertificatedBailiffs/

Sorry HW ive lost you on that comment..Maybe Its me, I had Bailiff removal letter on 17/02 popped in letter box then Final Notice on 26/02.. Had phone convo with Bailiff some time later then back dated NOD popped through letterbox on 10/03

The Council Tax (Administration and Enforcement) Regulations 1992 Distress 45 section 3 If, before any goods are seized, the appropriate amount (including charges arising up to the time of the payment or tender) is paid or tendered to the authority, the authority shall accept the amount and the levy shall not be proceeded with. SO I paid and eat **** Rossandales OK here is something else im looking at The levy fee is 24.50.. If they have levied for just there costs that are £42.50 then according to SCHEDULE 5 CHARGES CONNECTED WITH DISTRESS B. For levying distress: An amount (if any) which, when aggregated with charges under head A for any visits made with a view to levying distress in relation to an amount in respect of which the liability order concerned was made, is equal to the relevant amount calculated under paragraph 2(1) with respect to the levy. 2.—(1) In heads A and B of the Table to paragraph 1, “the relevant amount” with respect to a visit or a levy means— (a)where the sum due at the time of the visit or of the levy (as the case may be) does not exceed £100, £12.50, (b)where the sum due at the time of the visit or of the levy (as the case may be) exceeds that amount, 12½ per cent. on the first £100 of the sum due, 4 per cent. on the next £400, 2½ per cent. on the next £1,500, 1 per cent. on the next £8,000 and ¼ per cent. on any additional So i should have been charged £12.50 only ! If for the £134 they are claiming it should be £5.36 If for the £870.71 council Tax it should be £21.77 If for the £134 so called outstanding plus the £42.50 ive paid that is £7.06 So where did they get the levy fee off £24.50 from ?

For some strange reason i cannot access the notice of distress from my last post but CAN when i go back to post 59.. Do these links above work for you HW .. The only thing ive paid is the 1st and second visit fee and done that via Ross web site

Ive never had a notice of seizure only the notice of distress POST 59 Envolope http://i259.photobucket.com/albums/h...e/scan0001.jpg Walking order 1st side http://i259.photobucket.com/albums/h...e/scan0002.jpg Walking order 2nd side http://i259.photobucket.com/albums/h...e/scan0003.jpg

Ok I see what your saying HW thanks.. Oct 20 Visit 1 charged 24.50 Oct 23 Paid liability order in full so no liability order now exists Oct 26 Visit 2 chaged £18.00 I CAN CLAIM BACK Feb 17th Attendance fee/Van £110 CANNOT CHARGE Feb 17th Levy Fee £24.50 CANNOT CHARGE as not allowed to levy for own fees

so are you saying i do owe them £134 ? Or can i still argue they cannot do a van visit and levy on the same day, on there statement it shows van visit first then levy ! Im still unsure about this rule C For one attendance with a vehicle with a view to the removal of goods Reasonable costs and fees incurred. (where, following the levy, goods are not removed): could this mean they turn up, levy goods but dont remove them.. But can charge me £110 + levy fee for the pleasure and not as previously mention that cannot do van visit and levy on same day ? OK edited post to add this i found here http://www.advicenow.org.uk/advicenow-guides/consumer-and-money-problems/dealing-with-bailiffs/what-bailiffs-can-charge-html,621,FP.html Council Tax Bailiffs collecting Council Tax are not allowed to charge you for letters, but they can charge for 2 visits (£24.50 for the first, and £18.00 for the second). They can't charge you for any more than two visits (unless you owe Council tax for more than one year, then they can charge you for two visits per year). If they take your stuff, they can also make a 'levy charge' for their time and effort. The amount depends on the size of your debt: the more you owe, the higher the charge. The rules are complicated - but as a rough guide, if you owe less than £100 its £24.50, if you owe £500 its £40.50, if you owe £2000 it's £78. They can also charge £12 for making a Walking Possession Agreement and, if you have not kept to the agreement, they can charge you for hiring a van to take your belongings away. This must be in line with normal van hire rates. Bailiffs cannot bring a van to your home and try to charge you for it before they get a 'walking possession agreement' - although many dodgy bailiffs will try this. So the way I see things is the procedure they should have followed is this They come levy my car They give me time to pay up THEN they come back with hire van to pick up my car and charge me £110 for the vehicle ! HOLD ON... If they levied my car they should dam well no they wont get it in a van so why charge me a van visit ?

No i have not bothered as they stopped visiting after i sent bailiff a text saying no correspondence till I get details that i asked for

There still at it lol.. Quick update About a month ago they sent a letter saying i still owe £134.50 and "can confirm an instalment arrangement has been set on your account" They can confirm what they like it makes no odds to me New letter today says ive failed to adhere to arrangement and propose to remove your goods.. Cost of van attending will be £110 Any ideas on a nice reply to them ? Eggy12

Hi im to attend court tomorrow for a re possession hearing.. Now an arrangement has been made so all looks well, let me explain I have 2 mortgages with Birmingham Midshires Im Self employed in the building industry and the last 3 years have been hell, I also live on my own. Ive always kept in touch as best i could with Birmingham Midshires and they have been very helpful in return. They took me to court in 08 but again an agreement was reached and a court order set for a year. This year i have paid as much as i can each month with "most" months paying full and agreed arrears repayments, some on time some a week or two later having spoke to them and agreeing this. Now this is what has happened the last few months. Agreement set up starting March. I made March, April and May payments but failed in June due to lack of work. Now a letter that is dated 15th July that states Repossession Proceedings Issued that is attached to the court papers that I DID NOT RECIEVE and an Urgent ACT NOW letter showing payments from last 2 years that I also did not recieve !! On the 19th July I recieved a phone call from BM asking if my circumstances had changed and i relied Yes, I have £550 that i got from a tax rebate and made the payments to both mortgages without arrears extra. The chap said something about Court and I was horrified and said "what its going to court" and he replied "No but it is being monitored" ! He the said I need to redo my I & E so I said that I wont be able to till Friday(that day being Monday) as im about to start a big contract on Fridaybut wont no how much i will be earning untill then, He told me ok and that was that.. The next day (Tues ) is when i got the solicitors letter telling me its going to Court.. !! Could not get through to BM on Friday so rang first thing sat morning and arranged a repayment plan and was told they will go for a court order again, I asked if I should contact their solicitors and she said they have access to my accounts so will no ! I tried to ring them the following week but could not get through so took the ladys word for it.. Now on Friday 3rd of Sept(3 days ago) ive not heard anything from solicitors so thought i better ring, They DID NOT NO ANYTHING about the arrangement and only looked after i told them that BM said they had access to accounts and should no ! Now he told me there would go for court order but this time they want it for 6 years or untill i pay the arrears off !! In this economic climate i stand no chance ! The judge will obviously take circumstances into account regarding my work but what chances have I got of persuading him to order the arrears back onto my mortgage as BM say no, if that happened it would give me time to get savings in order for any dry spells i will get at work as if i pay all toward arrears i cannot save anything !! Any help or advice is greatly appriciated Thanks Eggy12

They just wont give up will they.. They have someone else trying it on now, maybe its there "more experienced than last time bailiff" ! Been a few months so i thought they got the picture then but no..

Best I work out some costs then... do you no ive had the worse day today.. Man who pays me is stuck in france as volcanic dust stopping him from returning so i wont get paid till Tuesday, as you can imagine thats going to play havoc with my finances. Then all of a sudden i get this news.. Funny how things turn out !

They sent me a copy of signed agreement and that looked ok.. Only thing iffy was the terms and conditions that were copy and pasted from who knows where .. Why would they discontinue when they could of had a CCJ against me

Are you saying Egg cannot take me to court again to claim back debt ?? Go on please tell me so please please

Ok quick freshen up on whats happened.. Case got transferred to my local court, I did not fill in the allocation questionnaire as I decided it would be best to let Egg have there CCJ then they will not be able to get any more interest on the Credit card.. 2 days before allocation due in recieved letter from BC offering reduced 1 off payment or the full ammount with instalments of £50 a month.. Ignored that also as wanted them to get CCJ.. Local court gave me an extra week to fill out allocation Q so I ignored that also, that was due in 2 days ago.. TODAY I recieve a letter from BC with a NOTICE OF DISCONTINUANCE OF PROCEEDINGS ( N 279-Notice of discontinuance or withdrawal of part of claim).. !! I take it EGG have told them off and they are free now to slap interest back on my c/card ? Regards Eggy12

Can only find first visit letter having done one search in the mountain of paperwork lol... Not even dated ! Not heard anything since last email sent for some strange reason, sent text to Bailiff in charge saying i got his answer phone message and will talk to him when his company reply to my information request ! http://i259.photobucket.com/albums/hh289/eggytwelve/Rossendales/scan0006.jpg

£10 postal getting sent tomorrow.. Been a cagger long enough to know that now. Your and Hw's advice is by all means priceless and I as many others 100% appreciate your efforts.. Keep up the good work and if you need a plasterer give me a shout Eggy12

OK thanks HW. Sooo this would suffice Dear Sir Data Protection Act 1998 Subject Access Request Dear Sir/Madame Please supply a complete list of the data held and used by you that relate to Mr/Madame XXX It is also to include third party information held with all other agencies. Additionally where there has been an event in the account history during the period accounts have been placed with you that have required any manual intervention by any member of your staff or any other person I require disclosure of any indication or notes which have been caused or resulted from that manual intervention including any cost which relates to an attendance fee, please state the date and precise time of the attendance and the name of the certificated bailiff making each attendance with the name of the county court where the relevant bailiff obtained his or her certificate with copy's of any Notice of seizure of goods and inventory left at my property with the name of the county court where the bailiff relevant to this notice obtained his or her certificate I would like to bring to your attention data can be held in written information, e-mails, electronic documents, photographs, CCTV images, telephone conversations and include any recorded or written opinions about me and any recorded or written intentions and action taken regarding me. I would like this information to be sent to my home address as listed above. You have 40 days in which to comply. To satisfy payment to supply this information I enclose a fee of £10. This payment must not be used for any other purpose. Yours sincerely A Cagger

In HW's SAR can we ask for info on bailiff and court certified at also ?

Dear parasite/parasitess even !

I think its time to send a SAR.. One needs to know exactly what they are up to and then throw in the small claims Eggy12

Thanks HW.. "Following the Levy" is just what I needed

Precisely.. Pay to bailiff to clear LO with council, still owe money to bailiff who then add charges and gets full permission from council to collect on LO.. Back handers spring to mind here !!

I have enclosed the statutory maximum fee of £10. This payment must not be used for any other purpose You have 40 days in which to comply.