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About darkyn

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  1. just looked over the form....the nature of the complaint, I assume this means the nature of my complaint about the bailiff??? and action taken....is this the response from the council???? it says on the form to send straight to the court where the bailiff got their certificate from...should I do this or send to council first? or email council and advise I am not happy with their response and advise I have filled out a form 5?? thanks
  2. do you think its worth my time in sending the form 5 then? having looked at the court fees im not sure I will get a lot of remission and cannot afford the £200 so would it be more advisable to make a complaint to the LGO?
  3. I'm just enquiring more about this form 5....so if I find the form and send it off to the council for them to send to the court, would the council have to include my original complaint along with any findings they have had from the bailiffs?? I am also still rather perplexed as to how they can turn down my offer of all further payments be taken via an attachment of earnings as it would take too long! surely the fact that i'm offering to pay and within my budget should be acceptable?! The council told me to go back to the bailiff by the end of the month with my income and expenditure
  4. Hi, but they aren't upholding my complaint really are they. They're saying their charges are justified, I know they have removed one fee and given a reduction as a good will gesture- which to me just says even more they were in the wrong as I certainly wouldn't give someone a good will gesture if I was abiding by the rules. If i'm making a 2nd stage complaint, who do I make this too? I'm just rather concerned as the end of the month is approaching and i'm worried the bailiff will turn up again
  5. well I wrote a letter of complaint to the council and received this response yesterday "with reference to the visit fees , they are specified in the Council Tax(Administration and Enforcement) Regulations 1992 and are lawfully applied to each visit for each case. The issue raised in the Blaby report was one of proportionality and is not necessarily directly relevant in your case since that involved 8 separate cases and 8 separate sets of fees. You have suggested that the vehicle fees applied by removed as there was no tow truck present and I am told that the bailiffs attended with a v
  6. thanks I am in the process of writing a formal complaint, I just wanted some assistance on how to respond to their claims that it was legal but yes I provided a photocopy of the HP agreement and sent it to the council with my previous complaint could you please tell me what - a Regulation 46 Complaint at the Magistrates Court naming the Council as Defendant is many thanks
  7. i understand everyone saying about the fact my car shouldnt have been levied while it was under finance still but what do I say as a comeback to the council when they said this However, in your case ownership is not in dispute. You are the owner of the property, albeit, the car is being purchased on finance, which is due to be paid in full in April 2012. The bailiff is legally entitled to levy distress on a vehicle that is subject to a hire purchase agreement provided a default notice has not been issued, in accordance with the Consumer Credit Act 1974. If the bailiff then decideds to sel
  8. the finance company didnt do anything...bailiffs levied my car despite me advising it was not fully paid for at the time. When I wrote my complaint to the council I included a photocopy of my HP agreement to prove it was still under finance. I'm still confused on where I stand on that? Should I make a complaint about everything and ask for all charges to be removed apart the ones theyre obviously allowed to charge such as first and second visit fee?? I'm unsure as to what they are actually allowed to charge me for
  9. are there any template letters that could help with the complaint at all?? just to help with wording lol
  10. I did write to the council back in November 2011 to complain about the fact they had levied on my car whilst still under HP agreement quoting the article written by Andrew Hobley....this was the response "You have stated that they had no right to levy your car because it was still on finance and you have quoted an article written by Andrew Hobley to back this up. In the article Mr Hobley quotes four cases where the levy fees had been charged enrroneously because it was established that the cars did not belong to the debtors. I would agree with his findings and in these circumstances I wou
  11. I sent the email as you advised and got this back this afternoon. Even upon closer examination of the notice of seizire of goods on one of them he has definitlely put down the wrong amount even owing to the council!! the amount owed shouldve been £461.93 and not the £554..68 he put on the form..... Please find below a table showing the time and date of all bailiff actions incurring a fee [your point a)] and the names of the bailiffs undertaking the visit on those occasions [c)] Case xxxxx xxxxx xxxxx Bailiff Visit Date & Time 10/09/2012 12
  12. Hi, there are no dates attached to each fee...only the date on the notice of seizure of goods and inventory which is the 1/3/2013 and he has given me 3 of these each with the charges I set out above
  13. thanks for your quick responses...this last time the bailiff visited my car was in the garage but the garage door was not locked and he just opened it but as far as i was aware i couldnt do anything about this as he hadnt broken in and not knowing any different he told me he was allowed...its very hard to think clearly when placed under stress at 7.30 in the morning so just assumed he could having read the link to the LGO case would you recommend then I ask the council to apply an attachment to my earning to pay any remaining amount? I cannot afford the £150 the bailiff is asking for
  14. Hi I would be grateful of anyones advice on this as I am now completely confused and dont know what to do for the best. ok this relates to council tax over a period of years due to an apparent overpayment of benefit...their mistake:-x 2006/2007 - £352.21 2007/2008 - £679.75 2008/2009 - £723.57 2009/2010 - £833.79 ok..so i had received a letter from the council/court saying they would be doing an attachment to my earnings to recover the monies owing starting from 2006 this began in Sept 2010. Now in June 2011 I was surprised to get a letter through my door from a bailiff
  15. well even the council cant get it right! i received an email 2 days ago which i posted above, today i receive this email: Year Liability Order Date Stage & Date Balance outstanding 2007 28/09/09 Attachment of Earnings 20/10/11 £405.75 2008 29/06/09 Attachment of Earnings 20/10/11 £723.57 2009 27/09/10 Baili
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