Thanks for your advice so far, I feel a lot better now.

I think I will write to them and send it recorded delivery, on the last phone call to them I was passed around to about 4 different departments.

I asked if I could converse with them via email because I am hard of hearing but they told me there was no email address that I could use, that is the reason why I asked them to send me a letter (which I never got) explaining why they thought I owed them money.

I did put a complaint in when they canceled the policy but the complaints department just said that the under writers were not prepared to insure me based on the answers I gave, I don't know what they think happen's when someone puts their child as a named driver on the policy and pays a massive amount more for the privilege, of course my daughter would be driving the car??

I decided to leave at that but then they hit me with this £270!

I will put another complaint in about the fact they wouldn't write to me explaining about this £270 and the fact they have passed me to a Debt Collection with out any communication from them.

Loving how they are in the news today for tampering with customer complaint, thanks spots1, will look into that.

I shall ignore Morecrap

once again thank you for your help and I shall keep you posted.

Hi, I need some advice please.

Last August I bought a car for myself and my daughter to drive,

my daughter had recently passed her test and I thought direct line would be good has she could build up her no claims with them,

they offer no claims for named drivers.

When I contacted directline to offer proof of my 10yrs no claims to them,

they asked me some questions i.e how often my daughter drives the car etc

I told them my daughter drove it about 3 times a week and I drove it the rest of the time,

I also told them that my daughter paid the insurance payments as that was her contribution to the car,

payments were much higher with her as a named driver than me alone,

i pay petrol and anything else the car needs.

Direct line decided that they did not want to insure the car any more because of the answers I gave them

(non of the questions were asked when I took out the policy online) Of course

I was upset about this as I was made to feel like I was lying or something?...

I took out another policy with another insurance company.

About 4 weeks later I got a letter from them saying that I owed them £270,

I phoned them and asked what that was for and we had paid all the monthly payments,

they told me it was because I didn't show them proof of my no claims,

which got forgotten about because they decided to cancel the policy.

I told them that in fact they had my no claims from a previous policy about 18months previous.

I asked them to look into it and send me a letter detailing what this £270 was actually for,

I never got any letter of them or any other communication.

Today I got a letter from Moorcroft Debt Collectors saying that if I didn't Pay £270 in the next 7 days they would advise Direct line to take me to court.

They state this letter is notice of intended litigation.

Could anyone advise me on the best thing to do about this, I dont have £270 and really dont think I should have to pay it.

Thanks in advance

Hello,

I bought a Matsui dishwasher from currys online back in sept 08 2 weeks ago it stopped working, it seems the programmer has packed up so it wont go through its wash cycle. As its only 15 months old I called currys to be told the usuall "get an independant report etc"

After calling several repair men it seems we would be very unlikely to be able to get a report done as currys havent released part numbers for the dishwasher and because the programmer on the dishwasher is electronic it would be difficult to test for them to beable to write a report stating thats the problem.

Please could some one give me some advice about how next to proceed, i.e do i need to get currys out to look at the dishwasher and will i have to pay? If someone could advise me on my rights and maybe give me an idea of what to say to currys that would be a great help.

Pleased to see you have acted quickly and that things are already moving, please keep us updated with events.

 

PT

I agree with that, glad you have started to get things sorted, do let us know how it goes and good luck

Pin a letter to your front door saying that "I am a vunerable person and I want you to leave right now. I have contacted your head office regarding this matter and im waiting for a reply by post.I will not talk to you and you have no right to enter my house" and send that letter that slimrabbit just posted.

As for your car, can a friend not move it for you untill you can get this action halted? If you have never heard anything about this debt you could maybe file a statutory declaration but you need to find out what the debt is for.

Send the letter and maybe call the head office and see if they will tell you what the debt is for, once we know what we are dealing with the sooner we can get it sorted.

Lock all doors,windows, garden gates, sheds etc etc so they cant seize anything. DONT open door to the bailiff, talk through window if you feel you have to talk to them. They should just leave when they see the note on the door though. Send all letters by recored post.

Stick with this forum people who know more about this will answer you soon

Its the shock of it all isnt it, just dont let them in and follow the advice you have been given so far. I wouldnt phone the bailiffs just get sound advice on what to do next and only talk to Marstons office via recorded delivery. Remember you dont have to let them in, move your car away from your home so they cant seize it.

You need to get a Stay of Execution from the high court.

Stick with this forum, lots of people have been where you are now and saw the light at the end of the tunnel x

Hi Jane, have you tried to ring national debtline? They may beable to give you solid advice quickly and then you could use this forum for further advice.

Im sure someone who knows about this will come along soon but try ringing national debtline also.

Sorry i cant help more but just remember your not alone in this situation and people have managed to sort things out. Dont worry too much x

finally got the bailiff to say , by text, that he had seized my car on his first visit, I texted him saying I need to know because its up forsale.

He said "yes i seized it but you can sell it" so obviously dosent know what hes talking about!

I text back saying

"ok so if you seized it where is my notice of seizure? you cant charge me attendence to remove without one, also if you had seized the car i cant sell it by law! Although I have sold it anyway. If marstons dont waver that attendence to remove fee, i will be filing a FORM 4 against YOU and the council."

Now this is the best bit! He text back

" you should have a notice of seizure and its not my case so you need to talk to Marstons"

I think someone is worried!.....dont you;)

More details on the form would help, although it wouldn't surprise me if rossies have left a notice of attendance with thes figures on, then say its a mistake if pushed further down the line. Need that SAR

Well if its a mistake its THIER mistake and the levy would be invalid i think......its definatly a good arguing point!

Oh and if they brought the van they are ment to leave a form 9 removal expenses, thats what got marstons last sept when they lost that court case over clamping....paper work wasnt correct

Is this the first time you have ever known about this fine?

If it is you may beable to file a statutory declaration which will stop the bailiffs and force the courts to deal with it, you need to send a private message to tomtubby asking for her advice about that as i dont know alot on that subject.

In the mean time try calling the CAB and National Debtline for advice.

Maybe you could call your local police station and see if they can find any record of it?

Sorry i cant be of more help but stick with this forum and someone will be able to help you who knows more

What did the letter say on it when they visited?

Did it say notice of seizure? ( which is called a Form7)

If it did it should have a list of the items the bailiff seized (made levy on).

If you havent got one of those forms that means they have not made a levy and they can not charge you more than is set out in the guidelines for collecting council tax.

Look at the paperwork they left at your house and if in doubt scan it and cover personal details and post it here for us to look at, check the back of it also.

The law states that in order to charge for removal costs i.e Vans then the bailiff MUST have given you a notice of seizure with an inventory of the seized goods, or left one at your house if you were not in at the time he made the levy.

OH.....HAHA....well done ive posted above post for nothing, worth knowing though!....WELL DONE YOU! X

Ok, so on the second visit you got a notice of seizure with your husbands car as being listed as seized?

Now if that is the case I think they can charge you with attendence to remove even when no goods are removed.

They should really have filled in FORM 9 removal expenses also but not sure if that is when they actually move the car or for just attending to remove it.

You must get clarification from somewhere about your husbands car, you need to make sure that he is not liable for the bailiffs debt collection because if he is and they can lawfully seize his car, then you cant move it from your home, when something is seized it becomes the property of the bailiff or council (not quite sure if its council or bailiff) but basicly your ment to leave it there. It may say something about that on your FORM 7 notice of seizure.

you MUST find out, if you can, where you stand with this buisness of the car being in your husbands name, if you read what i put on from oxford council, that says hes liable for the council tax even if hes not on the bill and thats the same rule for every council in England And Wales, but is he liable for the bailiffs costs??....Thats something we really need to clear up.

Distress for Rent Rules 1988 section 12 paragraph 2 and 3:

(2) A bailiff levying distress shall deliver to the tenant, or leave on the premises where distress is levied, a memorandum in Form 7 identifying the bailiff and specifying in an Inventory the goods distrained on and setting out the amounts for which the distress is levied and the fees, charges and expenses authorised by these Rules and being actually and necessarily incurred under them.

(3) A bailiff or his agent attending to remove goods from the premises or withdrawing from possession prior to sale of the distrained goods shall deliver to the tenant or leave on the premises where distress is levied a memorandum in Form 9 setting out the expenses of removal authorised by and incurred under these Rules.

Thats the law, if they havent made a levy on any goods as set out above, they CANT charge you removal or enforcement fees or what ever they want to call it. I think someone gave you the scale of fees they can charge you for council tax collection, unless they have levied as above they cant charge you anything else. What they will want to do now is get thier hands on your car or get in your house....dont let them!

Going to work now but good luck! x

No!!! I was wrong they said they are coming back today!!!!!! daughter is 28 she tried talking to them yesterday but they were having none of it thanks for advice so far

Dont open the door to them. If you want to tell them something put it writing to him and give it through letter box.

what did they say they had seized on your notice of seizure? they should list the goods that have been seized. If they havent seized anything they cant charge you enforcment or removal etc etc basicly that £172! Did they seize your husbands car? If they did that is abit of a grey area as we cant establish if hes liable for the bailiff debt or not, you need to get proper legal advice about that.....if they havent seized his car then get it moved ASAP!!

Hi, It sounds like your doing very well with your letters and stuff, well done.

Regarding them trying to charge silly money for turning up, if they cant levy on your goods, i.e. car isnt there and you dont let them in, they cant charge you for attending to remove.

If they attempt to charge you attending to remove, they must leave a FORM 7 notice of seizure which will list what they have seized. Then they must leave you a FORM 9 Removal expenses.

If they try to pull a fast one on you by trying to charge you for things like that quote this to them :

Distress for Rent Rules 1988 could I remind you of section 12 paragraph 2 and 3:

(2) A bailiff levying distress shall deliver to the tenant, or leave on the premises where distress is levied, a memorandum in Form 7 identifying the bailiff and specifying in an Inventory the goods distrained on and setting out the amounts for which the distress is levied and the fees, charges and expenses authorised by these Rules and being actually and necessarily incurred under them.

(3) A bailiff or his agent attending to remove goods from the premises or withdrawing from possession prior to sale of the distrained goods shall deliver to the tenant or leave on the premises where distress is levied a memorandum in Form 9 setting out the expenses of removal authorised by and incurred under these Rules.

Im in a situation where the bailiff is trying to charge me £240 for attendence to remove but he hasnt made a levy or left any form 7 or form 9. Not been in my house etc etc.

So i think that answers your question of can they charge you excessive amounts. If there is nothing to levy on NO THEY CANT, they will go away, ignore them and only deal with them in writing as you have been doing.

I would find out exactly how you stand with your cars ASAP.

A bit of information worth knowing and its reasuring to know its the law, hope it helps

You need to find out if your friend has had goods seized, if not then they cant charge you for bringing a van etc.

The need to have given you a notice of seizure to be able to charge reasonable costs for attending to remove.

Tell your friend not to let them in and lock all doors windows etc if they have a car, park it away from home.

If they have nothing to seize on they cant charge reasonable costs to remove but they do!

More info needed I think to help you better

Forgot to say keep all doors and windows locked and if you have a car thats not on finance might be worth parking it round the corner til we can get you a payment plan sorted.

Yes remember that the bailiff cant force entry to your house unless a window or door is open, lock garage if you have anything worth taking in it.

They have no right to force entry.

As slim rabbit said they can make a levy on your car even if its in your wifes name and shes not on the liability order, if she lives with you shes liable for the council tax also. So you might need to park elsewhere.

If the bailiff cant make a levy" seize" on anything he cant start to charge you for stupidly large fees such as "enforcement fee" "attendence to remove fee" although they do try!

Dont speak to the bailiff on the phone put everything in writing and send recorded delivery.

Like slimrabbit said more info= more help

By the way I think 14 days that they have given you is great!....I got 24hrs! But i still managed to halt it, so dont give up and stick with this site

What is the debt for?

Have you heard from the bailiffs before?

If you put as much info on here about the situation your in then people will beable to help you if they know something about that type of debt.

I think your husband is liable for the debt too, I found this on oxford council website:

Oxford City Council decides who is liable to pay the Council Tax at each property in the City. This is a straightforward process because the rules are the same for every council in England and Wales. In most cases the liable person will be the owner occupier or tenant of the dwelling. The liable person is the person whose name is on the bill.

Who is liable to pay?

The following list is used to work out who is liable. The person or persons liable are whoever is nearest the top of the table. (A resident is someone aged 18 or over who has their sole or main residence in the dwelling).

Start at number 1:

1. If there is a resident at the property who is the freeholder (usually called the 'owner occupier'), then they are the liable person.
   If no-one meets this description, go on to number 2.
   
2. If there is a resident at the property who is a leaseholder (for example if you own a flat or if you have a lease on a property), then they are the liable person.
   If no-one meets this description, go on to number 3.
   
3. If there is a resident at the property who is a statutory tenant (for example a council or housing association tenant or a tenant with a written agreement), then they are the liable person.
   If no-one meets this description, go on to number 4.
   
4. If there is a resident at the property who has a licence (a type of tenancy agreement) to occupy the dwelling, then they are the liable person.
   If no-one meets this description, go on to number 5.
   
5. If there is a resident, then they are the liable person. This could be someone living in the property with or without the permission of the owner.
   If no-one meets this description, go on to number 6
   
6. The owner is liable (the dwelling is no-one's sole or main residence). This could apply to second homes, for example. It can also apply where the property is occupied by people who have their main residence elsewhere (for example visiting academics).
   

Joint and several liability

Where two or more people are on the same position in the table, they are jointly and severally liable. This means that they do not each pay 'shares' of the bill, but that they are jointly responsible for ensuring that the bill is paid. If the bill or part of it is unpaid, Oxford City Council can pursue one or any number of the liable persons.

If a liable person has a spouse who also lives at the property, then that person is also jointly and severally liable. A spouse means a husband or a wife or someone who lives with the liable person as husband and wife.

I think the last bit clears it up, sorry but i think they may be correct in seizing your husbands car. You might want to get proper advice from CAB?

Hi, Just got back from work, glad to see your feeling a little bit better and that you have 24hrs to look into this.

I found this on canterbury council website regarging bailiffs

"They can only take goods belonging to the person named on the liability order, but it is up to that person to prove it if any goods on the premises do not belong to them. This is not the bailiff's responsibility."

It might be that if your husband is not named on the liability order then they cant take his car, try calling CAB or National Debt line, they should know

If they havent been in your house they have no rights to get in,lock all doors and windows so they cant gain peacefull entry.

I wouldnt answer the phone, only talk to them via email or recorded post, they have NO rights of entry unless they have been in, they maybe able to take a car thats in your name if they have seized it already, if not hide it ASAP. Or leave a note on it saying its not in your name and for them to check with DVLA, they really should have left a notice of seizure when they made the levy on the first or second visit, what did they seize? Do you know?

If the liability order is only in your name i dont think they can touch any property that is in your husbands name but im not sure, someone who knows more will respond to you

Have they been in the house?

After having a quick look on direct.gov website about unpaid car tax, it seems that if you dont pay it its an £80 penalty + car tax and a minimum of £1000. I dont think they have fined you the £1000 because the debt they are collecting is £695. If you dont pay it goes to county court and they issue a CCJ I found another thread regarding CCJ and bailiffs you might get some information from there.

http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/166090-help-ccj-bailiff.html