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cassiedaisy

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  1. Also, to be fair we believed we were paying before we had any issues with a bailiff! This was their reply today..... ” When the accounts come onto our system, you incur the compliance stage fee of £75. This is the legislated fee that will not be removed therefore, your outstanding balance is £75 that remains due and payable.”
  2. It’s Whyte & Co. Regrettably we are both self employed and work can be irregular. It was literally the last 2 payments that were due but because of late payment some months lost the right to instalments! I agree......yes, we often struggle with essential bills, but to be fair we did really well this year to almost keep on top of it! Thank you got you advice...
  3. Hello! After some advice please. Council obtained liability order, which gave them the option of enforcement. I paid the council tax on 23rd March in full before any further communication was received. i received a letter on 4th April (dated 2nd April) demanding full amount plus compliance fee of £75 I emailed them advising it had been paid few weeks previous & nothing outstanding. They replied saying the council confirmed this, however, their charge was raised on 22nd March and when was I going to pay it. Can they enforce this fee? Seems strange it was raised and chargeable day before I paid but no letter sent until April! looking for some guidance please....... Thanks in advance
  4. I contacted the Council who told be to file a TE7, howver, I have done this before and the council just start again. The debt is nothing to do with me but they just ask for proof I didn't own it/park it there! It's a van that has never been registered in our name or at our address. How do I prove I did not park it there!? It's getting to the point where I think I may have to just pay it to be honest or it will never go away.
  5. Hopefully this will make sense! We got a penalty notice from Derbyshire, where we have never visited for a parking ticket. Been trying to fight this for nearly two years. The van was never registered at DVLA to us or to our address. The parking ticket was issued in a company name that does not exsist, although contains our surname. The registered keeper provided our address and the company name to the council involved. I don't seem to have got a warrant of execution notice from the courts. I have filed every form going with no joy......now I have a demand for £125 to be paid in 7 days from Marstons. Is there anything I can do? Any help or thoughts greatly appreciated.
  6. Just had an email from the court and they have revoked the court order. Obviously the charge is still between me and the Council involved. Is there anyway I can fight this or am I fighting a losing battle?
  7. If he had sent off the V5 we would have got a log book. He did give us a V5c. The person we brought it off didn't get the parking ticket the person we sold it to did, so reverting it to whom we brought it off isn't right either. If I knew the persons address I sold it to I would have forwarded but I don't unfortunately. The Council weren't interested in V5 proof anyway as isn't proof of ownership of a car......any letter/document stating name of keeper was enough evidence I just don't have it.....stupid I know....I always normally keep written proof just can't find any for the one vehicle that gets a ticket. Just frustrating when it's not my parking fine. I am sure the road of the parking offence is the road the new owner has a shop...bit drastic to drive hundreds of miles to find him tho. Guess it seems I will just have to pay it then, been trying to fight it with no luck!
  8. I can only assume the person we brought the van off gave them our address!!! As I definately have a pcn for the van.
  9. We got a parking ticket through from Derbyshire County Council from December 2010. We never got the parking ticket as were not the vehicle owners nor the in that area on that day. live over 100 miles from there n it was my birthday so know where I was that day!! Tried to appeal as not owner but been unable to prove this for the following reasons: Hubby brought van without a V5 as owner didn't have it we re-sold few weeks later and still had no V5...therefore no dvla letter saying we no longer the owner As far as I am aware vehicle has never been in our name....never had tax reminder etc..... Sold via an online website and we are no longer registered users so can not access sale details A mess I know!! PCN is in a company name that includes our surname but is not our trading name. Been unable to file TE9 as has be be signed by the name on the PCN, they have sent a TE7 to file out of time.... I think we may have filed the first appeal online which automatically stated the company name on the pcn...we just got tick box happy to try to resolve quickly...arrrgghhh What do I do?......any help greatly received! Really don't want to pay £112 for a ticket that's not mine......but would rather pay that than bailiff costs!!!! Can they enforce a ticket that is in a company name...certainly there are no vehicles we own registerd in that comapny name ......nor us related to that company name...if that makes sense!
  10. Email to my MP seems to have helped. It would appear the CEO passed it over to head of revenues (as you said PT) who then passed itto the person I had been trying to deal with anywaythe taxation manager, but this time he was more agreeable. I had a call from the Council today. They said that the bailiff was replying to my letter regarding charges and the complaints procedure. Council was also replying to my letter, however, he confirmed on the phone that they have not signed the citizens advice protocol. The council told me the bailiff had done a walking pocession, I said I had no seizure notice and no one had been inside my property so it must be invaild. He went on to say it was on a car that did not belong to me and therefore the fees had been removed! He said the only fees were for 1st and 2nd visits for the first liability and 1st visit on the 2nd liability total of £67. I didn't dawn on me until after the call that the bailiff has never called for the second liability and has only sent a letter via the post......so another invalid fee to sort out. I kept the envelope. The Council told me the bailiff had agreed to £25 weekly to be paid by direct debit to the bailiff. I said I was unwilling to pay the bailiff direct as I did not want to risk the payment plan failing and that I would continue to pay the Council directly via the online system. He said it was easier for them and the bailiff to pay the bailiff directly but if I wished to pay that way it was fine and they would notify the bailiff each week that it had been paid. I said I was concerned that if it was still with bailiff they would still call if I paid directly to Council. The Council said if I wished to pay that way it was fine and no bailiff would call if the agreement was maintained. He said they needed to keep bailiff options open in case of default. Should I have this in writing? He did say that I have his direct number and any problems I could call him directly. So other than being charged £24.50 too much it seems to be resolved................hopefully.....or am I being naive?! Should I still continue with the complaints procedure or is it pointless now the fees have been removed? Thanks for the continued support xxx
  11. Thank you PT for your input. The bailiff didn't seem to realise the 2nd liability order had been passed to them, but they are now aware of this fact. The 2nd liability had been passed to Chandlers bailiff who I had the mis fortune to open the door to and was very friendly until I refused to sign his walking pocession on the door step......that he tried to make be believe was an installment agreement. He become even nastier when I then refused him entry and he walked away saying I had made matters worse and that I would regret it. Following an email to the Council they passed the 2nd account to the bailiff that was dealing with the 1st liability order. I have all the paperwork for the liability orders and the Council have confirmed what is outstanding. However, I really need to sort everything into date order and cross check all payments/ figures, make sure I know exactly what has been sent and when & that I have every piece of correspondence accounted for. I do not have a notice of seizure from the bailiff. Is it a fairly simple procedure to apply for a Reg 46 Complaint to the Magistrates Court? I have not contacted the local councillor, however, I believe my MP was a former councillor until 2009. I will contact the current councillor(s). I will sort out doing a complaint to the CEO and send on Monday. Thank you
  12. My MP has contacted our Councils CEO..............amazingly quick reply to my email, within an hour if not sooner! He hasn't forwarded a copy to me so no idea what he has said, but will await the outcome.
  13. Thanks for finding the time to confirm that, they are covered by business insurance. Email has now been sent to my MP. Windows and doors still firmly locked whilst I await replies from everyone and/or a bailiff visit. Hoping I can finally get this sorted as it's going to take the rest of this year to clear this debt unless business improves........another year of trying to keep these bailiffs out isn't the best thought of the day.
  14. Sorry I was a little vague in my previous post, the business is my husbands as he is a sole trader and vehicles part of his business as such they are in our name.........does that still make a levy on then invalid? I should have made that more clear really.
  15. I have emailed the council today requesting that information & I will email my MP today aswell. Our cars are business cars so if they levy them I assume it will be invaild. Not sure there is much more I can do but wait to see what happens next & continue my weekly payments. Thanks again for the support.
  16. Yes, I have requested a breakdown from bailiff via email on 6th Jan 2011 but had no breakdown nor acknowledgement of my email........just a letter requesting payment in full. I am sending another request today by recorded post. I have informed the Council on several occasions that the bailiff ignores/doesn't reply to my communications. Ok, I will now contact my MP and see what happens next. Thanks
  17. What should I do next? I requested a breakdown of charges from the bailiff a month ago, emailed them directly, but had no reply. I have complained to the Council & offered a payment plan which they refused. I have got a letter via the post from the bailiff requesting payment in full within 5 days. It states failure to do so will result in enforcement action taking place, as directed by law. This will result in further costs being added to your bill. It is a simple letter with no false threats, no capital letters & no highlighted areas. Therefore, I assume the Council have corresponded with them regarding previous letters they have sent! I have started to take control of this debt and paid the Council directly every week £20 which I will continue to maintain. In the absence of the Council formally accepting my payment plan what can I do? Would I get any further by visiting the Citizens advice and them calling the Council to try and obtain an agreement for installments or should I involve my MP? The bailiffs have been calling for over a year now with no signs of getting bored (admittedly most communications have just been letters via the post) but I really need an end to it all and I really can't pay in full. Look forward to your suggestions. xxx
  18. Hi sezcalv.....welcome to the forum I assume you have read this thread and the advise it contain, plus many similar threads on here. It's not nice waiting for a knock on the door, wondering if they will call. You really need to start your own thread to get help from the wonderful people on here, based on your situation and details. There are many that will assist you. In the meantime, I think the main thing is try not to let them scare you, don't bother talking to them, dont answer the door. People have debts for many reasons but taking control is essential. Ensure you pay every week, fortnight or month whichever is best for you directly to the Council without fail. Thus you are reducing this debt and proving you are not unwilling to pay. Only pay what is affordable but try to clear as soon as you can, sooner it is paid sooner the knocks on the doors will stop is the way I look at it. Having said that I have very limited funds and feel it will take sometime for me to fully clear my debt Good luck......my thoughts are with you
  19. Hi, just a quick update. Bailiffs have not been back.......................so far so good.................they have also failed to reply to emails. Council refusing to take arears back.......but have said they will accept any payments ( I know they have no choice !) kind of them to do that!! I will fight this all the way. They have quoted government legislation regarding bailiff fees which I return a reply quoting section 45.5 - distress which bailff has not adhered to. I will be sending recorded letter to bailiff Monday requesting breakdown & sending complaints to everywhere possible. Thank you to everyone that has helped me take control of this situation & your advice............you are all stars xXx
  20. The corresponance I have had so far with the Council has been with the Local Taxation Manager. I will contact my councillor. If they levied on something outside, even though I have never received any paperwork, does that make them entitled to enter my property?
  21. Just had a reply from the council saying this: Your reduced offer of £20.00 a week would take nearly 52 weeks to clear and is therefore unacceptable. Any question regarding the bailiffs fees or communications should be addressed to ***** I will put a statement of your Council Tax account in the post to you today which gives the details of the Council Tax liability and credits assigned over the periods in question since 1 April 2009. I confirm that the two Liability Orders remain with the bailiff and you should contact them to request any variation on your original arrangement offer of £60.00 each week. I have sent this reply: Thank you for your prompt reply. I have tried making arrangements with the bailiff who never ever reply, I am unwilling to phone them as that leaves me with no proof of conversation. Unfortunately bailiffs do tend to lie!! Legally I am not obliged to pay the bailiff. They have added illegal charges of over £200 which they will take before paying the council arrears. I appreciate how long it will take to clear the arrears, but I am self employed & currently making no profit. Also, I need to be realistic with my offer bearing in mind that 2011-2012 council tax will soon be upon us and need paying; so that I can ensure the arrangement is maintained and the arrears cleared. It is because of unrealistic payments plans that arrangements fail in the first place & no one should be forced into agreeing to an unsustainable arrangement. I will commence payments directly to the council from 10/01/2011 and continue to do so until the debt is paid in full. I now intend to complain about the actions of the bailiff, working on behalf of the Council to my local MP and contact the Local Government Ombudsman regarding this matter; as the bailiffs are making threats / invalid charges which are both fraud and illegal. Obviously I knew the Council weren't going to willingly accept my offer, but i feel even £20 will stretch the finances. I will start paying weekly and hopefully the bailiff will get fed up with visiting me. I would appreciate any further thoughts. Thanks for all the support I have already had.....it really does help
  22. Everyone's help so far is greatly appreciated.....trying to compose email to Council how does this sound to you? ( I haven't spellchecked it yet!!!) I refer to you reply dated 03/09/2010.....(council agreed to £60 per week to bailiffs) Despite that communication I have to unable to get any agreement from bailiff to accept any payment arrangement. They have not replied to any communication via post or emails. Instead they persist in adding illegal fees and making threats which are untrue and possibly a criminal offence as their claims are fraudulent. Whilst I appreciated bailiffs will apply fees but I believe there are some discrepancies with their charges. Since September 2010 our financial position has significantly declined. I feel my only option now is to report the bailiffs and their company to the OFT, the court the bailiff is certified with & Companies House for incorrect operation. I really need to take control of this debt and make weekly payments at a realistic rate during this difficult finanical time. Therefore, due to the discrepancies on the account I will make weekly payments of £20 directly to the Council. If and any point I can increase payments I will and I endeavour to clear this debt as soon as financially possible. I wish the Council to withdraw the arrears with the bailiffs and return this with the Council, as the bailiffs are instructed by the Council to collect the arrears. I would appreciate a breakdown from the Council of the original liabilty, payments that have been made and what has been offset against the debt and the outstanding balance. The bailiffs fees should be no gtreater than £42.50 for 2 visits, any other fees they have added are invaild and illegal. I have requested a breakdown from the bailiff aswell. It should be noted that I am not refusing to pay this debt but asking for a fair payment period considering my circumstances.
  23. Hunted out my previous letters from the bailiffs, the arrears they are trying to collect this week relate to 2009-2010 council tax. Although I have arrerars for 2010-2011 aswell. I might actually take control this time and get it sorted. The original liability I believe was £1315.71. I had a letter back in Jan 2010 demanding £1509.60, which I believe was there first letter, stating they would return in 5 days to remove goods. Had a final removal notice 9th March 2010 saying they were going to seize goods for auction. It took until May 2010 to get a breakdown, which they provided but with no dates. It says the following: Original due 1315.71 1st letter 24.50 2nd letter 18.00 Levey fee 56.39 Attendance fee 95.00 Amount paid 350.00 Direct payment 59.60 Benefit adjustment 216.83 Outstanding balance 883.17 I had an arrangement to pay £50 weekly which was unrealistic and currently they claim the balance to be a little under £700 Obviously my concern if they do call tomorrow is that they think they have a levy. I have managed to never answer the door to these bailiffs, infact I think yesterday was the first time they actually knocked on the door. Therefore, I have never spoken to them face to face nor on the phone. They do not reply to emails and rarely reply to letters either. Needless to say I have never let them in or signed anything. I am going to email the council today to complain about them implying they can enter and seize goods and the illegal fees.......what can I do tomorrow other than ignore them if they turn up?
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