the car is not ours

yeh ill do that if i get a chance

yeh think so

we havnt payed c tax for a while we donot have the money to do so we dont earn more than 3-400 pounds a month combined we get workin families tax credit houseing benefit child ben we get our low income boosted by these benefits we get sporadic post prob cause of this conf

i dont think we do owe any i thght we were getting full c tax benefit but obv? not by name wrong i mean they have spelt our name wrong and used the wrong title

so surely if there are these multiple things that have gone wrong surely this debt is nulled? no we got a notice of attendance magistrates liability order for unpaid c tax/non dom rates only the wife signed nothing Notice of Distress and inventory was sent from council via pdf format today first time either of us have seen this document

thanks for your response i have viewed the form 7 and this shows many discrepancies first of all on this form it has the wrong name the wrong postcode it then claims we owe nothing we never lived at 1280 ***** road it is dated the 25th of may (two days ago) and we donot own the car listed on the back of the form 50% of the handwriting on this document is wrong the nearest electric gate we know is aprox 3/4 of a mile away on another property nothing to do with me and they have a green box on a fence i cannot identify if a car is not mine as i donot have acces to an anprs system letter reply so far

yes it has walkin poss agreee on bottom it was sent scanned from the council we did not get this document at the bottom of this form 7 it says thay would charge extra for debit and credit cards im sure i read somewhere they couldnt charge for that ? also checkin it they even have the wrong postcade on this notice

the only document we got was the "notice of bailiffs attendance" he may have planned to issue this Form 7 when he said he was returning at 1pm that day to collect? i dont know thanks for all your help halowitch i did get a copy of Notice of Distress and inventory from the council is this the form u mean it has a car not mine on it but this was not left at our house by the bailiff

ok thanks for the above very interesting can you confirm 100% if it covers council tax and do you know if the form should have "Form 7" on it?

form 7?

Dear Mr **** Thank you for your email of 27 May 2009. I have again responded in the order in which your queries have been raised & I trust that this information clarifies the situation. I would like to say that your certified bailiff in no way made a verbal threat towards me it was the manner of his responses which where curt and other manerism not befitting his job. But in the stress of the situation this seemed very threatening. I would advise that a Bailiff is instructed to adopt a firm but correct approach with all persons that are subject to enforcement action in respect of unpaid Local Taxation. In response to "according to his report " by this as i understand it you have viewed some form of proof that the bailiff have visited the property on various occasions can you please forward this evidence to me. the bailiffs were collecting a debt oweing of @180 i bilieve that the charges applied to this debt are disproportionate and possibly fraudulant there has been no contact at all between myself and the bailiff before his visit yet he claims to have been to my property 3 times, was there noone home at any of these visits, if noone was home, why have we not had any hand delivered note to claim they were there? I would advise that the computer system used by ***** is updated by the Bailiff using a personal electronic device immediately after each visit. I note that updates occurred at **pm on * April, **am on * April and ***am on *** May. On * April a letter was left in a sealed envelope at your property addressed to both you and your wife. On the *** April access could not be gained to your property (due to the electronic gates) therefore a letter was left in a green postal box situated on the fence, in a sealed envelope addressed to you both. The third visit, on ** May, the Notice of Distress was handed to your wife during the course of the conversation. why were we not contacted by letter from the bailiff to arrange a payment plan? if a reasonable payment plan was to have been offered i would have accepted To clarify the situation when a bailiff visits a debtor, they will always ask for full payment but if the amount cannot be pay the full amount immediately, the bailiff may make an arrangement allowing further time to pay. The bailiff will ask to secure this arrangement by a signed walking possession agreement (where the bailiff records an inventory of goods to cover the amount of the debt). If there is a refusal to sign a walking possession agreement the bailiff may refuse to accept an arrangement. The reason for this is if a debtor fails to pay as agreed and the bailiff has a signed walking possession agreement, the bailiff may re-enter the property and remove goods to sell them at auction in settlement of the debt. As stated yesterday to you in my reply it appears that no attempt to offer any payment or arrangement was made by your wife on 15 May, hence the Bailiff seized your vehicle (as detailed in the Notice of Distress which is being emailed separately to you). i am not aware of the exact amount of fees a bailiff can charge so i hope you will be able to review the fees and the laws regarding them to check thay are correct and proportionate fees charged were @40 notice of intention fee, @30 Levy Fee and@100 Attendance fee ·Regarding Bailiff Charges Connected with Distress for Local Taxation, the following fees/costs are applicable according to current legislation:- Stage From 1st April 2007 Making a visit to premises with a view to levying distress (where no levy is made) First Visit - £24.50 Second Visit £18.00 Levying Distress Sum due £100 or less £24.50 Sum due above £100 24.5% first £100 4% next £400 2.5% next £1500 1% next £8000 0.25% any additional sum Attendance with vehicle - following levy Reasonable costs and fees Removal of goods and storage Reasonable costs and fees Walking Possession £12 Close Possession £15 Appraisement of Items Reasonable costs and fees of broker Sale by Auction Held on auctioneers premises Commission fee. Out of pocket expenditure. Not to exceed 15% of total realized. Reasonable costs plus adverts etc. Held at debtors premises commission fee not to exceed 7.5% of total realised out of pocket expenditure reasonable costs plus adverts etc. Other Sale Reasonable costs No sale due to payment Reasonable costs please explain this "Therefore as a vehicle, a *** Golf, was on the drive Mr ****** levied the vehicle, as legislation directs, as he believed the car to be yours" is it my understanding by this something happened to said car as in a wheel clamp was used? or the car was removed? or is it that they saw said car and charged me on the basis they would remove it next time? A wheel clamp was not used. The vehicle was not removed however it was taken into the custody of the Law (the Bailiff took control of the vehicle) and the Notice of Distress advised that the goods listed (ie the vehicle) would be removed if agreement to pay is not reached please be aware that from the discussion between my wife and the bailiff she made him aware that the said automobile is not owned by either her or her husband something which i also told Mr ***** on the phone and i think I mentioned it to their head office that day as well at the same time she said that we had nothing of any value in our house as in we have basic household items mostly second hand items not as you have said here "there was no goods that belonged to her" According to the statement made by Mr ****** he explained that unless ownership of the vehicle was proved not to belong to either of you then it was possible that this item would be removed. please provide me with a screen shot of my account as i have reason to believe there may be unlawful charges on my account A copy of the Liability Orders will be posted to you for your information as not available in an electronic version The amount currently outstanding on account *** is ***** (which includes @50%**** Bailiff fees) The amount currently outstanding on Liability Order dated 7 March 2008 on account **** is **** i would also like to point out to you that a levy must be on a form 7 and left on the premises no such form was left at my home A copy of the Notice of Distress (levy) was handed to *** on ** May. Can you please clarify your understanding of the use of “Form 7” as this is not a term I am familiar with in respect of enforcement of unpaid Council Tax. i would also like conformation of dates/times of bailiffs 3 visits and i believe this information is held on the screenshot of my account held with you Details of bailiff visits are not contained with the computer system at **** Council, details of visits / contact are held by the relevant Service Provider to which this Authority has controlled (password) access. As previously stated bailiff visits to your property occurred at approximately **** on * April, **am on *th April and **am on 15 May please reply within 14 days from receipt of this recorded delivery letter with the screen shot or the reason why you are refusing to send me this information if i receive no reply within 14 days i will make a formal complaint to ****** Council The information held on our system is not available within one “screen shot” but is gathered from multiple screens on your accounts. The information provided above and previously to you in writing is an accurate reflection of the current position of your Council Tax accounts. I have arranged for Council tax bills to be issued to you by post to confirm the balances outstanding for your information. I trust that this clarifies the situation. ***** Senior Recovery Officer so i have them admitting a mistake again we donot have a green box on a fence but i think i know where they are talking about its about a mile away at another property not mine then a different occasion *th april where they could not access due to a electronic gate, which again is at this other property the copy of the notice of distress that they emailed me is not the same as i have, it shows they identified a wrong car as mine assumed it was mine Is the onus on me to provide them with details that a car is not mine how can i do this initially i was told not they had visited 3 times before the only visit totaling 4 visits not sure if i hav that written down i think it was the council that said it so they may have a recording of the call checkig my stuff the council def told me there were more vists via the phone on the day the bailiff came i wrote it on the back of the notice they initially told me *apr *apr *may and *may

ok tytyty

i will keep you posted thanks again for your advice i want to just send roughly ur little thing but i feel my details cant hurt just tellin the truth i have been emailing them you get v quick response seems from the right people so ill save the post money

thanks

Dear Mrs *** Firstly thankyou for your quick response and my apologies as I seem to have sent you the wrong document as i was under a lot of stress at that time and please disregard the letter that you will recieve soon which is the same document also sent by mistake. I would like to say that your certified bailiff in no way made a verbal threat towards me it was the manner of his responses which where curt and other manerism not befitting his job. But in the stress of the situation this seemed very threatening. In response to "I would firstly advise that **** has been a Certificated Bailiff for **** for six years and according to his report he called at ** on the **am. I note that this was the third visit made and he spoke with *** who stated that there was no goods that belonged to her, or you, at the property." by this as i understand it you have viewed some form of proof that the bailiff have visited the property on various occasions can you please forward this evidence to me. the bailiffs were collecting a debt oweing of 175.90 i bilieve that the charges applied to this debt are disproportionate and possibly fraudulant there has been no contact at all between myself and the bailiff before his visit yet he claims to have been to my property 3 times, was there noone home at any of these visits, if noone was home, why have we not had any hand delivered note to claim they were there? i am not aware of the exact amount of fees a bailiff can charge so i hope you will be able to review the fees and the laws regarding them to check thay are correct and proportionate fees charged were*** notice of intention fee, *** Levy Fee and **** Attendance fee is what i have so far

ok im crafting a letter ill ask em about if i have to go to the bailif to remove them first

mm thanks for that not sure i standunder it as the council have taken the case back dont i just deal with them now i dont want to deal with these bailifs to be honest so have they charged me for eyeing up my car on the basis that thay would take it next time???

cant really move it newhere its worth a grand and owned by my mother in law she gave to us as prezzie but wanted to keep ownership live in a rural spot with no house name no neighbours cant find form 7 anywhere can u link me

ok form 7 reserching what will the screen shot tell me

hi all wonder if sum1 can help bailiff had apparently been to my property 3 times before we got visit *am *th may served me an wife with Notice of Bailiffs Attendance my wife answered the door and managed to say we had no valuble possesion and that we would clarify the situation and get it sorted he told her he would return at 1pm that day hour later i phone the bailiff and he was quite rude and intimidateing but i got his head office number called them and tryed to get details but was refused to which i told him i refused to talk further to your bailiffs as i feel threatened so what now he said pay him or similar i said no thankyou i phone council and tell them what hap and was told sorry no cant help by the first bod then i asked for manager and i knew it was coming anyway sorry they are not here today so i asked for someone in authority wether local or regional as i bilieve there is fraudulant claims here by the bailiffs as he definately didnt come 3 times to my house as i or my wife are here almost all the time we live in a rural spot with no house name and i think i brought up human rights not long after they agree to take the debt back from the bailiffs after being told many times by the first bod and the manager they couldnt do that i said thankyou very much and i hope the bailiffs fees will be removed to which thay said no you will have to make a letter of complaint or similar to challenge the fees this is the only way it can happen so i agreed to them takeing 50 pounds now from my bank and started up a payment plan being a lerning fast freeman since this bailiffs visit it was agreed under duress and protest i think thats right but i didnt state that when i agreed i was not free enough then i made a boob and sent an unedited reclaim letter from here RECLAIM BAILIFFS FEES- TEMPLATE LETTER the bailiifs charges were Debt Oweing 177 Notice of Intention fee 43 Levy fee 27 Attendance Fee (With a view to remove goods) 99 i got a reply to my boob Thank you for your email of 22 May. I would firstly advise that Mr ***** has been a Certificated Bailiff for ******* Ltd for six years and according to his report he called at N******, ****, **. I note that this was the third visit made and he spoke with **** who stated that there was no goods that belonged to her, or you, at the property. It appears that no attempt to offer any payment or arrangement was made. Therefore as a vehicle, a *** Golf, was on the drive Mr |**** levied the vehicle, as legislation directs, as he believed the car to be yours. It is noted that you telephoned Mr ****** after he had left the premises and it was explained that the seizure and removal of this vehicle could take place to clear the outstanding debt owed to ***. With regard to your comments I have responded in the order in which they have been raised, however some matters need your attention but this is explained where necessary. · [There is no entitlement for your bailiff to charge me a walking possessions fee because no peaceful entry to my property has been made and I have not signed a walking possessions agreement/I was tricked into signing a walking possessions agreement after being told by the bailiff the document was for something else.] · A Walking Possession fee was not charged. · Can you please provide me with a copy of the notice to which you refer “ I was tricked into signing a walking possession agreement after being told by the bailiff the document was for something else”. · [There is no entitlement for your bailiff to charge me VAT on bailiff’s fees for collecting unpaid rent because the law namely the Distress for Rent Rules 1988 does not provide for it under Section 10 of the Act does not provide for bailiffs to charge Value Added Tax in addition of their bailiffs fees.] · Can you please explain why you are making such comment as the bailiff visited you in respect of unpaid Council Tax, not unpaid rent, and No VAT has been charged. · [There is no entitlement for your bailiff to charge me VAT on bailiff's fees for collecting Business Rates because the law namely Regulation 3© of the Non-Domestic Rating (Collection and Enforcement) (Amendment and Miscellaneous Provision) Regulations 1993 which prescribes fees for bailiffs collecting Business Rates are inclusive of Value Added Tax.] · Can you please explain why you are making such comment as the bailiff visited you in respect of unpaid Council Tax, not unpaid Business Rates and No VAT has been charged. · [There is no entitlement for your bailiff to charge me a fee for Attending to Remove Fee because no goods have been removed/the bailiff did not give me any reasonable opportunity to pay.] [There is no entitlement for your bailiff to charge me a fee for clamping my vehicle/levying on my goods because he did not call at my home/he did not give me reasonable time to pay.] [There is no entitlement for your bailiff to charge me a Van Fee because the law does not prescribe any fee of that description.] I would advise that reasonable costs / fees can be incurred for a Bailiff attending with a vehicle with a view to the removal of goods (where, following the levy, goods are not removed). I would refer you to schedule 5 of the Charges Connected with Distress where this schedule relates to Regulation 45 of the Council Tax (Administration & Enforcement) Regulations 1992 (as amended) · [There is no entitlement for your bailiff to charge me fees for Waiting Time because the law does not prescribe any fee of that description.] · Can you please explain why you are making such comment as “Waiting Time” has not been charged. · [There is no entitlement for your bailiff to charge me a Card Fee or fee to process a money transfer for himself because the law does not prescribe any fee of that description.] · Can you please explain why you are making such comment as a “Card Fee”” has not been charged for the £50.00 payment you paid to this Authority on 15 May 2009. · [There is no entitlement for your bailiff to charge fees for multiple visits when no satisfactory evidence thereto is provided and the burden of proof remains with the bailiff to show those visits were made.[and a GPS printout does not constitute calling at my property, it only indicates a vehicle not necessarily belonging to a bailiff passed the vicinity of my property and there is no calibration certificate supplied for the equipment whose evidence is being use to support a claim.]] · The bailiff clearly attended your property as a conversation was held with your wife and a Notice of Distress was left to which you responded. To enable me to further answer this can you please explain which fees you are referring to. · [There is no entitlement for your bailiff to charge interest on any debt or your fees because the law does not provide for interest of any kind unless a court has ordered it pursuant to Section 69 of the County Courts Act 1984, and no such order has been made.] · Can you please explain why you are making such comment as no interest has been charged. Finally, I would advise that you are not entitled to a refund of monies paid to this Authority in respect of the matters raised. The letter of 16 May 2009 has provided you with full information relating to both accounts where you owe Council Tax I hope that you will take this opportunity to prevent the need for further recovery action and settle the arrears as agreed. Senior Recovery Officer I made a big booboo but surely not as big as the fact that the response suggests that the sender has reviewed something provided by the bailiffs as proof???? i have a different color VW Golf and have had for over a year also does this "Therefore as a vehicle, a *** Golf, was on the drive Mr **** levied the vehicle, as legislation directs, as he believed the car to be yours. " suggest that he clamped my car or similar as nothing was clamped or removed we are not sure if he actually did put a clamp on my different colored car or not my car was never taken i plan a simple reply stateing my diff colored car as evidence they are being fraudulent with apologies for sending the wrong document first time any suggestions for response welcome i am searching for answers thanks in advance