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josephbloggs

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Everything posted by josephbloggs

  1. Fees are correct as of when the arrangement was set. After the missed payment they can add a fee for calling back out which will be the 140. Crucially here is (and you need to make the bailiff aware), that the levy alone does not give him the right to the goods, the walking possession has to be signed also, and because it wasnt signed he can not effect forced entry into the property, so whilst the amount needs to be paid, if you cant pay it in one go there isnt much he can do other than try to gain peaceful entry again. Please be aware also that even if you pay the council direct the bailiff can still use the issued liability order to collect his fees in the same way as long as the fees were added before payment is made to the council
  2. If the fees were added before you paid the council, they can still enforce for their fees in the same way using the liability order issued.
  3. Just to answer a question asked earlier about what happens if someone removes or hides levied goods, this is actually known as pound breach and taken from a website is an extract of what it says are the possible outcomes :- If a person (whether or not they are the debtor) knowingly removes or disturbs distrained assets without permission they may be guilty of pound breach and possibly also breach of Walking Possession. This breach can include an insolvency practitioner who disposes of goods, often as part of a sale of the business, where a levy is in place prior to his appointment. The distrainor is entitled to recover the goods or to sue for damages.
  4. You need to ascertain some important points. How much is the vehicle worth? How much is left on the finance? Are you sure its finance and not a personal loan? You have already said how much is outstanding in your post. So typically a vehicle in average condition with no documents or keys will fetch approx 25% of its actual guide price at auction. Crutially here will the sale of your vehicle based on the above fetch and clear the remainder of your finance AND amount outstanding to the bailiffs. If it will clear the both then i am of the opinion that the bailiffs can take the car. If not then they dont really have any business taking the car.
  5. Bailiffs have to have a bailiff certificate they do not have to have an sia badge
  6. If A vehicle on finance or hpi is removed by a bailiff the sale of the vehicle must cover the outstanding hpi, auctioneers fees and majority of the debt. A vehicle without a key or logbook will typically fetch 25% of the average guide price.
  7. because a levy/fees were added before the amount was tendered to the council they are still entitled to their fees, and they can use the liability order issued to collect/enforce for their ligitimate fees. Many anti bailiff posters on the forum will disagree with me however for further clarification see: The Council Tax (Administration and Enforcement) Regulations 1992 Chapter 45 paragraphs 3 & 4 in particular.
  8. Been listening to the news this morning, seem to be making an issue or point about 3 specific things. First one is times bailiffs can work Second one is about leaving a property if there is only a minor present no adults Third one is not using force against people. We already know bailiffs are not allowed to do this there is already rules in place. So the article and alleged reform is an absolute waste of time.
  9. @dx100uk Im not wrong may i politely direct you to the council tax (administration And enforcement) regulations 1992, regulation 45, paragraphs 3 & 4. Anyway, yes a levy SHOULD be left detailing the vehicle and leave a memorandum of fees. The other fees ive mentioned are what you could expect the bailiffs to attempt to add if indeed they return (legally or otherwise)
  10. because a levy was added before the amount was tendered to the council they are still entitled to their fees, and they can use the liability order issued to collect/enforce for their fees, The levy stands unless your vehicle is on finance or a mobility car or a vehicle you dont own, if one of those is the case then provide documentation to chandlers they will have to remove the fees. Expect another visit should you not make payment as advised most likely to include a removal fee and /or waiting time or a head h fee.
  11. "Conducting a check with DVLA is the minimum checks a certificated bailiff would be expected to conduct in order to ascertain probable ownership of a motor vehicle" Old bill again bailiff companies do not have use of the dvla database for the purposes For anything other than parking fines. Even then they may only be told yes or no as to if the person who was the registered keeper on the day of the parking fine is still the keeper or not. Any bailiff or company telling the council they have this at their disposal is lying. You imagine if bailiffs had this info at their disposal for council tax there would be ten times as many threads on here
  12. It is a breach of data protection for a bailiff to gain details of who a vehicles registered keeper is UNLESS it is for a pcn, bailiffs cant ask for those details for council tax so that email from newlyn or the council is a lie
  13. Has to be able to touch it to levy on any goods, so for example if there is a six foot fence at the side of the property where behind is your vehicle, they would have to go through or climb over to be able to levy it. There is nothing that the bailiff can do to stop you from changing the registered keeper whilst the vehicle is seized however if its deemed that you have done it on purpose to "defeat distress" they may remove it irrespective, sending a copy to the dvla of the levy would be a breach of data protection by the bailiffs if they did that and they dont do this anyway. The dvla will only get involved with bailiffs for a yes/no answer for parking fines only and given the name address vrm they will say yes it is still or no its not registered to person who obtained fine. Any person or bailiff can not just ask the dvla for ownership details, the police can but not bailiffs, this is why there should be reasonable doubt before removal by a bailiff.
  14. How would you feel if your next door neighbour had visitors and they parked on your property and walked next door to see them only returning when they felt like it giving no thought to you the land owner, by your logic that is ok? The fact remains by driving your vehicle onto someone elses property you should at the very least abide by the request to either pay or park properly albeit council private or otherwise. if you as the driver have no intention of using the park yourself why cant you drop your family off and drive to your destination and park the car on the land designated for that. If indeed you have had as many fines or penalties as you say in your first post if the company take action against you you fully deserve it
  15. Too many people would get away with not paying that way mate, not telling the council where they work so cant do aoe, too many benefits now unattachable as well Plus %age taken on one l/o for council tax is for low income a lot less than amount of actual bill for the year, so easily fall into significant arrears. Also a lot of poor employers dont comply when attachment application is sent. Also if no bailiffs for parking fines people would park wherever they wanted it would just get stupid, i think it would be better to hand back fines over to the police like years ago.
  16. If i remember right the change being talked about for council tax and parking will mirror what is being used for magistrate fines, letter fee and a single visit fee. What i think is fair im sure will totally be different to what others think but hey heres what i think- Council tax/nndr Initial letter (debt £1-£1000) £50 (debt +£1000) £75 Visit fee (debt £1-£1000) £150 (debt £1000 +) £225 Parking Letter before visit £50-60 (per fine) Visit fee £100 per fine (no other charges except removal) Same for every council and bailiff company totally transparent
  17. Equita automatically add a levy fee and enforcement fee to letters before visits take place and expect the bailiff to find something to add to the levy to justify the fee, even if its next doors car. They rely on your ignorance not to know what the law is regarding fees to make money. This is why they make record profits every year BUT also the reason why so many councils are cottoning on to this and equita are beginning to loose contracts. I would suggest finding out whats been levied on, you should have a levy (SHOULD doesnt mean they have done one!) if you have the envolopes the letters came in and they are not hand delivered and have a stamp on then the fees cant stand for the first and second either. If so get onto the council and complain
  18. This is a link to what the council can take from your wages, i suspect because there are 4 liability orders and they can attach two at a time you will be paying more out than if there was only one. http://www.northampton.gov.uk/info/200028/council_tax/996/council_tax_attachment_of_earnings
  19. You say newlyn have been leaving letters and sending text messages for about a year and to quote your original post "anyway, i kept ignoring them" doesnt sound like you want to tackle this really. Also suggests this isnt the first the OP has heard about this. And just because my answer to the original post isnt the same as every other thread and poster -bailiffs in the wrong -complain to company council and form 4 -must be fraud by false representation -must be making the fees up -remove the companies license Does not mean i must be a bailiff
  20. Rubbish. This is my opinion, an opinion and observation. Just because it isnt in line with yours and others narrow minded opinions about debt collection doesnt make it any less valid. Now we can only go off what the OP says, and the impression i get is that the OP had/has no intention on paying the parking fine and chose to attempt to antagonise the bailiff that came around, probably causing him to dig his heels in a bit instead of going away armed with the info regarding being unemployed which could of been easily passed over.
  21. Sounds like from your description that you acted in a childish manner in this situation, Why couldnt you just be up front - look im not working heres my dole book this is how much ive got coming in each week/month etc rather than deliberetly trying to make a scene by putting your phone in his face
  22. If you were a sole trader, bailiffs could levy on your personal items. If you were a ltd company and there are no assets of the company at home then there won't be anything to seize. Jayne, please bear this in mind, it is worth checking the dates the council say are Owed because if the property remains empty after your vacation, it's not unknown the landlord wont neglect to say you have gone, because as of 2011 with empty properties rates are payable in full.
  23. Bit of background firstly, worked for a company for a period of time, and decided to go sub contracting or "self employed" as you might say. So this involves in theory better pay but i have to sort my finances out myself instead of getting a flat wage. So as part of this i decided it would be best to lease a van ( in my name because im not registered for vat). Ive been in to the dealers and so far ive paid a deposit giving them the opportunity to undertake the credit/finance check to make sure i can get the lease. I have the following documents given to me so far, a new vehicle order form, an initial disclosure document, a statement of demands and needs and a duty of care. Now towards my question, i get the distinct impression from the company i work for and hope to subcontract to, that they may be about to really mess me about possibly stop me from going self employed maybe or not giving me the work if i do so although this is hard to prove, so im having second thoughts on leasing. Based on the documents i have been given so far do you think its possible to get out of the lease before i get the van, or is it to late because i have shown intent by giving a deposit allowing them to do a check to go ahead? Any experienced help very appreciated thanks
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