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Found 30 results

  1. Has anyone had any dealing with Community Infrastructure Levy (CIL)?? We have received a demand for a Community Infrastructure Levy for the sum of £23187.50 which has come as a great shock to us. We were not aware of any new procedure in dealing with this CIL charge and it is a genuine oversight on our part that we did not complete the necessary forms or notify you of the commencement date of the build. We are not builders or property developers and due to this we had employed an agent to act on our behalf with matters relating to our planning application and build. It is not until now that we we aware of this new procedure and I would like to add it still seems to be very complicated. Our planning application was submitted by our agent with the required forms notifying the Council that we were building the extension for our own use and do not intend moving within the foreseeable future, he did advised us that there would be a CIL charge but we would be exempt, at this stage we had no reason as to question him as he is the expert! Once planning was approved we received a letter advising of a CIL charge which was approximately £20000.00 we called our agent and advised him of this and said that if we had to pay this sum of money we would not be starting the extension, his response was that we were exempt as it was for our own use but we did have to live in the property for three years once completed. I advised our agent in January this year (2016) that we were intending to commence work early March and requested that he submit the necessary paperwork the council, he advised that he was just finishing it and would send it in the following day. We received a Invoice for £518.00 from the council which we duly paid, our work started quite a bit later that we had intended due to being let down by builders and weather conditions. Our footing was poured on the 7th of June 2016 and so far we have had two inspections of the work from the Council. To us the lay person this is what was necessary and we were not aware that we were doing anything wrong in this procedure. The works are still being carried and we are a long way from being finished. Currently the extension being constructed is not in a position to be occupied and indeed part of the existing property is not suitable for occupation either, and we currently have no heating not a good position to be in with the weather due to change at any time!. We were lead to believe that as this extension is for our own use we would be granted an exemption to payment of this CIL. The situation has not changed and the payment of over £20,000 to the Council does not appear to comply with the spirit of the Governments intention in setting up the Community Infrastructure Levy. We were lead to believe that the rules specifically allow house extensions for the owners own use to be exempt from CIL and our situation has not changed since our planning application was submitted. We understand now from our conversation that this is also not a given fact. We are going to be seeking some legal advice on this matter in the next few days, and will also make an attempt to complete the complicated appeal form relating to the CIL charge now that I know where to find them, as the demand that we received relating to this matter and the instructions on how to appeal are not clear, in fact my original appeal letter was sent to the wrong place as the instructions advising how to appeal advised appealing via the portal!! (it never said which portal or provided a link on how to get there) We do have a paper trail of correspondance between ourselves and our agent which will confirm what we have mentioned above. Please can anyone give me some guidance on this matter, I am guessing I will need to make a claim for negligence against the agent? the authority have offered a payment plan which is currently 50% of the demand and the final 50% being paid 60 days later but they said that they could possibly spread this over 12 months this equates to over £1600 per month I cannot possibly paid that amount I work part time 24 hours a week in retail and my husbands wages are all accounted for in our daily cost of living.
  2. Hi my first post so please excuse any mistakes. Yesterday I was woken up at 6.45am by two burly bailiffs from swift stood in my hallway, they had let themselves in via an unlocked door. The debt is for council tax I owe £184. I asked them to leave as I suffer poor mental health and got upset very quickly. They asked to see my medication but I was so flustered I couldn't find it. I told them I suffer badly with anxiety and paranoia and couldn't cope with them being there I quickly became anxious and stated behaving quite manically throwing DVDs at them etc. Probably sounds an over reaction but I seriously couldn't cope. The one then started writing out a levy of goods which included my sons TV my landlords sofa a broken computer and the DVDs I launched at them. I was led to believe that the only way I'd get rid of them was to sign and as my children were waking up I did under duress to get them to leave. They informed me they would return today at midday to collect payment in full which I told them numerous times I don't have the money. I then filed a complaint with swift which for now has suspended any further action but I know this is only short term. I'm not disputing the debt not trying to not pay. Where do I go from here? I now feel unsafe in my own home I haven't stopped crying I feel violated that my pleas for my mental health were ignored and I'm angry I signed the levy under intense distress. I'm a single mum with 3 dependents receiving ESA and awaiting assessment for pip. Thanks in advance
  3. Why are energy companies levying standing charges to domestic customers? 50 years ago only commercial and industrial premises where charged standing charges. So why the explosion in the domestic market? is this a hidden tax? Why do Companies such as npower and or Ebico offer no standing charge tariffs? What are these standing charges for? Most Energy companies would have you believe its to do with maintenance charges. But my experience of all energy companies is they do not carry out maintenance and certainly meter operators never do mainatainace on meters as most meters are inaccurate most of the time. Can anyone provide a clear explanation to this charge?
  4. Hi i had Marstons banging on the door this morning at 8.30am saying they were removing my car. They put a clamp on it and said a removal van would be there in half an hour. They then left and came back 30 minutes later. Its for an old council tax bill of £217 for which they want to remove my vehicle which is worth around £2,500 retail or £1500 trade, is this not classed as excess!? He's been sat outside for two hours now and has told me he will charge me £60 per hour to wait for the tow truck. I haven't signed anything so from what i can gather, he cant charge me anything other than the legal bailiff fees? I cant afford to pay now, i have no money coming in unfortunately and am in receipt of housing and council tax benefit. My only other income right now is working tax and child credits. I have of course offered to make a payment arrangement which he of course rejected! I have phoned the council but they have refused to do anything and said i have to deal with the bailiff. On the removal letter it says they'll also charge me £15 per day for storage. This is insane for a £217 bill! Any help appreciated?
  5. As the title says, can a HCEO levy twice for the same debt where a debtors aplication to stay the writ has been refused bythe courts? The first levy was a global levy, which obviously is unlawful. The second levy is for a car not owned by the debtor. The first visit was in March 2014. Second was a couple of days ago. Both visits were charged for.
  6. I am the director of my own LTD Company. The company has three Vehicles one of which is permanently parked on my drive at my home. The companies registered address is the same as my home address. The vehicles are all Registered to and owned by the company. The council tax is in my name NOT the companies. I'm having an issue at present where a few years ago i paid the council tax in cash at the the local office and they have lost the record of the payment and refused to take the receipt they gave me as evidence of me paying it. In short they have got a liability order and have tried with various different bailiffs to have it enforced. first Bristow and sutor had it , then Equita and now it is back with Bristow and Sutor. Bristow and sutor levied the company vehicle , just before xmas. I wrote them a very strong letter from the company , explaining to them that the vehicle was registered and owned by the company and any attempt to remove or tamper with company property would be very costly on their part. They replied with the usual rubbish about "levied in good faith" and that they would hold off on any action whilst they check with DVLA but the company needs to supply them with proof of ownership. I replied that the company is whilst not obliged to provide this information would be happy to once in receipt of the required £50 Administration fee. Nothing was heard of this matter again , although they kept sending me (myself) the usual drivel letters about attending the premises etc etc. Last week in my abscence a bailiff (i presume the same one) has put another Levy on the same vehicle as before for the same liability order. i am in the process of making a complaint from the company about this matter to the courts but wanted to ask in here about the validity of what they are doing? The value of the car is much more than the alleged debt. are they allowed to keep levying a vehicle that they know not to be owned by the alleged debtor ?
  7. hello yesterday a bailiff visited my home because of unpaid council tax fees, i agreed that i would pay what i owed but needed to go to the bank to get the money. The bailiff stayed in my living room and while i was out wrote a list of my furniture ect. when i returned and paid him he gave me a breakdown of the fees and on it i noticed he charged for a levy fee he said it was a % of what was owed but would not answer me with a direct answer when i asked why they added a %. I have looked up what a levy fee is today and it says that it was a list of good. surly if i was going to the bank to pay what i owed he did not have to write a list of goods to be seized and therefore i do not owe a levy fee. does anyone know if this is true.
  8. Firstly a big thank you to all who post on this forum. I have been a lurker for a while garnering information which has helped me win my case against the over charging by Newlyn bailiffs. My story is below, but I am looking for information from others (particularly where Newlyn have been involved with council tax collection) as I have a meeting with my Council's Head of Council Tax, myself and a representative from Newlyn's Client Management Team to attend following and I quote 'the grave concerns that the Head of Council Tax has' and would like me to raise the issues directly with Newlyn. As you'll see I have more than enough to 'bang them to rights' but if others have similar stories I'd love to see them wriggle in their seats a little bit more! To cut a long story short in the first instance we ended up in the position where we owed £300.00 to the council and couldn't pay. Obviously they applied and got the Liability order and instructed Newlyn accordingly. No arguments so far. Next thing we know... Newlyn's added the best part of £400.00 in fees for- two visits, a levy fee, and attendance to remove fee, a Sch 5 Head H fee... all without any correspondence or visits. (My wife is full time at home with our children so would have known if they had attended). I phoned and challenged these fees and Newlyn claimed of course to have levied on a vehicle and claim to have left paperwork accordingly. (They hadn't.) I ask them to quote the vehicle registration number as in any event our vehicle is on Hire Purchase and I explain that they can't levy on vehicles on HP etc. etc. They quoted me a registration number, not belonging to me, but during subsequent investigations this vehicle does not even exist! I put all of this in writing, demanding a copy of the levy etc. and eventually am told that the vehicle levy was correct but to resolve my complaint they'll drop the levy fee. (Note: still not supplying a copy of the levy or evidence of their visits.) More letters backwards and forwards... including in one of them they claim in black and white they are allowed to levy on Hire Purchase vehicles where the burden of ownership is with the debtor! Eventually I demand very clearly a copy of the levy and proof of visit and they write back that they are right, everything was done correctly but there has been a 'system error' and they cannot supply copies of the paperwork, surprise, surprise. I have sent copies of all correspondence to the council and my local MP highlighting all of the untruths and outright lies that Newlyn have told and, in the Council and my local MP's defense they are so concerned they have arranged a meeting with me, the council and Newlyn to discuss these issues hence my request for information, whilst at the same time pulling back the account from Newlyn and writing off all fees applied therein. There are many other points that Newlyn have lied about in plain black and white and given enough interest I'll be more than happy to upload all the correspondence appropriate.... but as per my original request I would love nothing more than to sit down with the rep from Newlyn and present him or her with a great big file of complaints! Look forward to your comments and thoughts.
  9. Hello all, Firstly thank you to all of you for your invaluable help on here. Just a bit of background .. . I have an ongoing dispute involving my local council, MP and bailiff company.. . I have been reading here your very helpful posts to other people over the last couple of months and will in the fullness of time put the full details of my story on here, as it will highlight the lies and deceipt of a big bailiff firm, which I know many others have suffered at the hands of and the subsequent reduction of some very large and 'fraudulent fees' charged by said bailiff firm, however because of the possibility of further legal action would like to avoid specifics. this bailiff firm claimed recently to have levied upon a vehicle for council tax, and subsequently charged levy fees and attendance to remove fees against that vehicle. I questioned the vehicle upon which they levied as our own vehicle is on a hire purchase agreement and was given a registration number that not only isn't ours, but according to the DVLA doesn't even exist. However I would like to know from someone more knowledgable than me on here please how much basis of truth there is in the following statement from the bailiff company in question: 'I must take this opportunity to clarify your misunderstanding regarding legislation surrounding the seizure of a vehicle which has been obtained on Hire Purchase; you may not be aware we are entitled to seize goods where there is an element of ownership of the debtor. With goods on finance there is a point in time when ownership of the asset passes to the debtor or that it maybe that the finance company are prepared to waive their interest as long as any outstanding balance is settled from the sale proceeds. Either way we are entitled to pursue assets if there is potential ownership by the debtor' 'Please be advised that whilst the act of levying by our bailiff was correct, in this case I have removed the Levy and associated fees from your file, total £184.50 in an effort to resolve your complaint' Your thoughts are welcomed, as this goes against my understanding briefing paper/ stnadard notes SN04103 of the commons library on 'The current regulations of bailiffs' specifically the following part: 3.4 Limits on a bailiff’s powers to seize goods A bailiff cannot seize goods belonging to anyone other than the person named on the distress warrant. For example, the bailiff cannot take goods which belong to the defendant's partner. A bailiff cannot seize goods subject to a hire purchase or rental agreement (however, goods on credit sale can be seized because they are deemed to belong to the debtor). Any goods which the bailiff takes must be likely to fetch money at auction. Bailiffs will not remove goods if they think that they will not fetch enough to pay something towards the warrant after the cost of removing and selling them at auction has been paid. By law, bailiffs cannot generally take:  items or books which the defendant needs for his job or business, such as tradesman's tools or other equipment necessary for personal use in employment or business (however, a bailiff acting for Poll Tax, Council Tax, VAT and Tax may be able to do so);  essential household items which the defendant and his family need (such as clothing or bedding);9  items which are leased, rented or are on hire purchase agreements; or  goods which may have already been seized by bailiffs acting under another warrant By law, bailiffs also cannot take:  cars which are bought on hire purchase; or  equipment which does not belong to a business (for example, office furniture, machinery and vehicles which may be leased)10 Many thanks for your help in advance.. . and I hope that very soon I can post the full details of this case once all parties involved have seen sense. Aggreived!
  10. Long running situation with the local council regarding council tax. Bristow and Sutor entered the debtors home unlawfully and got her to sign a walking possession on items that that they should not have. The levy is unlawful IMO as the Bailiffs at the time entered the premises when the debtors son answered the door. At the time he was off school sick , 12 years old and she was out getting his medication. She returned to find the bailiffs in her house listing items. A complaint was raised with the council who claim no letter was received , a further letter was sent out by letter and email and the council unsuprisingly replied that the original bailiffs were no longer at the company so they couldn't investigate the matter...as such the levy stands... This is complete rubbish and is being dealt with at the moment. yesterday though there was a small twist. Recently the local council have given the contract to Rundles. A Rundles bailiff attended the premises and put a hand delivered letter through the door basically saying the debt needs paying and some thing about "Although we have been unable to enter the premises this does not mean we will not be able to in the future" So last week they had Bailiffs from Bristow and Suitor repeatedly turning up and putting on van fee's each visit on an unlawful levy and then all of a sudden a bailiff from Rundles appears as if he had been there before... My question is. Can rundles use the Levy that Bristow & Suitor made ? if an Agreement is made with Rundles can Bristow & Suitor still act upon there own Levy ? It is Worth pointing out that the value of the original Levy made by B&S would not even cover their fee's , storage , auction etc
  11. Hi I recently complained to the local council & Bailiffs having been charged £267.44 (my o/h paid the bailiff in full over the phone) for a PCN. I was questioning the 'fee's' as we did not speak to the bailiff face to face and no levy was made on any goods. Eventually I received the breakdown of fees - 24th July 2012 - Debt - £112.00 21st Sept 2013 - 1st letter fee - 11.20 15th Oct 2013 - visit fee 1 - 35.00 15th Oct 2013 - attendance/van - 80.00 18th Oct 2013 - payment by d/c - 2.00 18th Oct 2013 - payment by d/c - 2.00 (my o/h paid 2 separate amounts as he borrowed the remaining balance from a friend) + VAT - 25.24 In my initial letter I questioned - 1. the 'attendance/van fee' as no levy was made 2. charging £2 to take each payment via debit card The bailiff has responded with this - In relation to your comment regarding the Attendance/van fee not being able to be charged due to no levy being made - This relates to local taxation regulations therefore, this is not applicable. Our fees are as per the statuary legislation being schedule 1 of the Enforcement of road traffic fees (certificated bailiffs) Regulations 1993 (as amended) The debit card transaction are able to be charged by us as the regulations only apply to matters subject to contract I'm a bit unsure as to how to respond to this - any help would be greatly appreciated
  12. The company I work for has decided to pass on the cost of the WPL to its staff. which is fair enough. However, they have also decided to add on an additional amount of money which they say will go towards installing a new barrier and other controls. The amount isn't small either. If you want a 5 day permit, the actual cost is £334, but the company is charging £450. Is this legal and can I refuse to pay this additional charge? The more I think about it, it can't be right?! Your advice and thoughts would be much appreciated.
  13. Hi everyone I've read here with interest for about a year now but decided to register to post the following, partly for advice but also because I am in contact with a Magistrate (a friend) who has kindly offered some advice (which I don't have yet, we will be meeting up next week). So, sans advice, here is what has happened so far: I have several PCNs issued. All of which I'm sure are valid. There is a time limit on the streets near my workplace and due to the nature of my work I have occasionally been caught short. My fault. I had paid all PCNs I received (except 2 which I challenged, 1 of which was withdrawn), however, a Bailiff turned up at my workplace in September asking for £480.08 for two PCNs at £82 each. I told him I thought I had paid all PCNs, but he said clearly I hadn't. This may be the case, but as far as I know I had paid my fines/bills/?? Like I said I am not contesting the PCNs themselves BUT the Bailiff fees. Bailiff's costs where simply entitled "Bailiffs costs". The template for costs/expenses etc was on the back of the form BUT no actual breakdown of costs in this instance were given and he told me he didn't need to provide this, I could write to head office. His companion was apparently blocking my vehicle in outside and a tow truck would be called if I didn't pay up, he said. So, I paid the fee (I was busy at work and having a bailiff turn up and argue could effect business negatively). Surprised that I had PCNs outstanding, I contacted my local council, and they provided me via email with a few PCNs they believed to be outstanding. They also said that some were already with the Bailiffs and I would have to deal with them directly, implying I had no right to pay them directly to the council. I sent a letter of complaint to the Council (via recorded delivery AND email), and cc'd the Bailiffs and my local MP. I outlined why I thought the fees had been inflated and quoted the legal jargon from the legislation.gov.uk website. I also requested that they look into the matter and refund any money that was not owed. No reply. From anyone. Today I wake up, Bailiff at my door (same guy) saying I had another £480 fine from 2 parking tickets, and he would take my car if I didn't pay. I asked him for a breakdown of costs, and he said he didn't need to provide one. I told him that, as far as I was aware, he did need to do this before taking any further action - and that he could clamp my car but certainly couldn't remove it without giving me fair notice to pay, especially as I hadn't received a warning letter. I also informed him that my centre console in my car contains a non-removable harddrive containing personal information which is protected from removal by the Data Protection act (direct from the legislation website). He presented me with a court order for one of the PCNs, with "£480" simply scrawled at the top. I told him unless he can produce a breakdown of costs I would be calling the police. He said he didn't need to, and proceeded to walk out back to my car. I went back upstairs, picked up a camera, and turned it on. I went outside with the camera on and asked for an explanation and breakdown of costs. This was not forthcoming. I said "So, you are willing to take my car after having shown me this piece of paper, and don't think that I am entitled to a breakdown of costs?" He told me I was twisting his words, and "playing word games". As far as I was concerned it was a basic conversation and his lack of linguistic skills are no fault of mine. I called the police, they said they wouldn't come out. I said I felt intimidated and explained the situation and they told me to call 101. I called 101, and they said pretty much the same thing, and that it was a civil matter. Perhaps if I had two cars I could block the bailiffs van in and see if it remains a civil matter then. Anyway, as I mentioned I have a contact who is a magistrate who may be able to shed some light on this for me having lost almost £1000 in (mostly, it seems) inflated costs. After speaking with the police, these bailiffs in theory could slap any amount on their "costs" and get away with it. Moral of the story, don't park where you shouldn't and if you do then call the council JUST IN CASE you have any fine you don't know about. PCNs need to exist, unfortunately, to stop people taking the **** but I also feel that Bailiffs need to be doing their job fairly and properly.
  14. in my "spare time" I respond to queries here on the forum. I have seen at first hand the serious problems that debtors face when making Form 4 Complaints and in particular; when being "encouraged" to file Form 4 Complaints after viewing certain internet sites that sell "Form 4 packs" or offer to provide "affidavits" for the debtor. Despite the "advice" being almost identical in each case and almost always, referring to the same "legal cases" ( many of which are "unreported" or "19th century" cases of little relevance) vulnerable and unsuspecting debtors may even believe that the people running such websites are qualified to provide "legal advice". Significantly, such websites fail to disclose proof of any "successful" Form 4 complaints !!! Last week I provided details on the forum of a recent decision from a senior Judge in relation to a Form 4 complaint and where the Judge was very critical of the "legal advice" relied upon by the complainant and the dangers of relying upon information gathered from websites. Crucially, the Judge stated that if he had listed the case for a hearing he would have required the complainant to provide the court with copies of the legal cases referred to in the Form 4 complaint and that he would require the complainant or his "legal adviser" to explain the relevance of the legal cases to the court !! Of very serious concern is that today, I was advised of yet ANOTHER case ( this time a small company) who had visited a similar internet "forum" after one of their cars had been clamped by a bailiff and had been persuaded by the "legal advice" given on the site to make a claim against a bailiff company for "levy abandonment" and " excessive fees" and citing the following "legal authorities" Black v Standage & Price [1831] Flanagan v John Crilley & Sons [1987] Lumsden v Burnett [1898] Anthony Culligan v Jason Simkin Bernard Loynes v Beswicks Solicitors [2010] Haydon v Barton [1849] Baldry v Caine [1906] Edwards v Morey [1905] Scott v Denton [1906] Warden v Richardson [1888] Mutter v Speering [1905] Smith v Thomas & Wilberforce [1899] Black v Moore & Thompson [1908] Bannister v Hyde [1860] Dunscombe v Hicks [1898] Black v Standage & Price [1831] Predictably the bailiff company instructed solicitors . The Judge was very critical of the claimant for relying upon such legal cases which he stated were irrelevant and he ordered the claimant to pay nearly £4,000 in costs to the BAILIFF COMPANY. Unfortunately I cannot give the names of the claimant or the bailiff company at this present time as the claimant is seeking legal advice. Of significance was the fact that when questioned about the" legal cases" the claimants could not explain to the court the relevance of the "legal authorities" or even copies of the cases !!!
  15. Hi, Please help, I received a letter off rossendales regarding unpaid council tax, before I could do anything about it as I work away I had 2 letters with the standard charges, 1st letter fee and 2nd letter fee, I then sent a letter to rossendales offering £80 month to clear the debt, they sent me another letter stating they cannot accept until an income and expenditure form was filled in which I did, I then received a letter off them saying it was in the hands of bailiff and to contact him, I know how these bailiffs work so on Tuesday I rang the council to sort it out and they said it was upto me to make a better offer and suggested £105 a week minimum, I really cannot afford that and told them so - they said that is what it would take. My wife rang me on Thursday to say while she was at work rotten dales had been and levied on the car staring its reg and make and it was for 2 accounts this and last years, they have put letter charges on both and £130 other charges on both and 5 days to pay in full or removal of car, the thing is the car was in a bad smash in January and written off, I bought it back from the insurance company and it is in a garage getting repaired as I can afford it, it also needs a vic check from vosa before I could sell it anyway as dvla won't change ownership until vic check is done but as the car is unroadworthy this cannot be done, how they have the car details is beyond me, please help, what should I do?
  16. Friend of a Friend asked me the other day if a bailiff can charge a levy and attendance to remove fee on the same visit for a PCN so I said not up on fees for PCNs but they cant for council tax and from what I've read I believe they cant for PCNs either because until they have a levy on goods their are no goods to remove I told them to have a Google (did point them here as you do ) and that most fees were set by legislation and England and wales were the same told them their was also detailed assessment against Marston's bailiffs that explains it and Google should pick it up anyway my friend sent me a link to Marston's web site are we reading this wrong it looks to me as if they do charge both fees on same day (first visit ) Am I reading it wrong because I'm not getting this the judge in the Anthony culligan case says no you cant and I understand this is not legislation but he does say as a matter of Law can someone explain what if anything legislation states about this ATR fee being charged the same day as levy fee Its a bit confusing when going by what's on Marston's web site it can be charged Fees and charges Schedule of TMA fees and charges Traffic Management Act 2004 The process On receiving a warrant, we send a letter to the debtor explaining that the debt has been passed to Marston for collection and inviting payment with seven days. The fee for sending this letter (£11.20 + VAT) is added to the debt outstanding to be paid by the debtor. If no payment is received or contact made, the case is assigned to an enforcement agent (bailiff) who, in order to execute the warrant, will Attend the property to Remove Goods (Attendance to Remove – ATR) to the value of the debt and outstanding fees and charges. This action will incur a levy(visit) fee and ATR charge - whether goods are removed or not Central London County Court - Case No 8CL51015 - Anthony Culligan (Claimant) v 1. Jason Simkin & 2. Marstons (Defendants 2. The Fee Regulations provide for a distinction between the levying of distress and removal of goods. There is a gap between the two stages. The purpose of this "gap" is to allow the debtor to make payment of what is due after the first stage. DJ Avent says at paragraph 50 of his Judgment:- "Accordingly, in my judgment the bailiff should not and, as a matter of law cannot take any steps to remove goods until he has given the debtor a reasonable opportunity to pay what is due at the time of seizure. This being so I cannot see that Form 7 can or should include any costs of removal. Mr. Simkin included on the Form 7 he produced for Mr. Culligan the sum of £100 in respect of the immobilisation device. If, as the Defendants now argue, that was part of the removal expenses, it should never have been included in Form 7".
  17. Had a visit from a P Ashworth who is signed as a HCEO although I cannot find them on the register. They posted a form 55 and a walking possesion agreement (which I can return to prevent removal of goods) for a case from September 2007 The court awarded costs to another party who has not pursued until the weekend. No one was in so the forms were posted through the letterbox and ask for immediate payment to settle the matter. Confusingly the officer listed a trailer (forgot to say the trailer is not the defendants) but did not remove it as well as all other goods required to satisfy. The costs include backdated interest of 5.5k and Sheriffs fees of 1.8k and vat on top. Sounds a lot for a visit. In 2007 other party was awarded court costs and my solicitor advised court and creditor that due to disability and unemployment (due to disability) unable to pay costs and that was that - unil the weekend. Any help appreciated any guides I can be pointed at etc? Many thanks. tooktoolong /not long enough
  18. Hi, Currently having long winded discussions with Rossendales. They levied my car (didnt knock on the door) in 2010 which was 2 years into finance agreement) I sent them copies of agreement which they claim not to have had. Council tax for which there was a liablilty order is paid, but Rossendales are chasing me for levy fee and van attendance fee. Car is not yet paid off as due to financial difficulties we have about £900 outstanding. It is also essential for my work as a school visitor as i visit schools on a daily basis throughout the whole of Yorkshire. i have just received a letter stating that they will apply for permission from the finance company to take my car, clear the finance and take their fees. Can they do this? As I understand it the finance cannot take my car without a court order, so how can they give permission for someone else to? Surely the liability order was for council tax and NOT the extortionate bailiff fees? HELP please?
  19. Is there anything anywhere that states this shouldn't be done (specifically concerning CT)? I've read several times that time should be afforded the debtor but I can't seem to find confirmation in writing anywhere.
  20. hi everyone, ive been reading through posts for the past hour or so now, i cannot believe i never realised any of this kind of stuff went on with bailiffs and our own councils! grab a cup of tea and a biscuit as this might go on a while!... im looking for a little advice on a council tax bill i was blissfully unaware that i owed... i moved back in with my parents in december last year and with all the upheaval i simply never thought to tell the council, since then apparently they have been sending council tax demands to my old address which i have obviously not been receiving. the other day i returned home from work to find a bailiffs note/letter through the letterbox saying i owed around £600 and must pay it instantly or they would be taking the cars on the drive (my parents were on holiday at the time and both cars belong to my dad) i immediately rang the number on the letter to find out what was going on, i was told there was a unpaid council tax bill and i must pay now or they will return with a van and a tow truck!... i refused as i wanted to check what was happening with the council first. the next morning i contacted the council and straightened out the situation and later informed them via email the date i left the property. the following day i received a letter from the council with an amended council tax demand for £175 and a hand written note on the bottom saying that this should be paid to the bailiff. no problem i figured i would wait for them to arrive again and pay the 175 and job done. on returning from work this evening i found a 'notice of seizure of goods and inventory' posted through the door with the only thing listed on it being my dads porsche which was on the driveway (im yet to tell him!) and hand wirtten on this notice was an outstanding balance of £380 to be paid within 5 days or the car is gone! i dont know how the bill has managed to more than double from what the council told me i owed? i decided it would be best to pay the council direct so have just paid the 175.13 on the councils website... my questions now are where do i stand if the bailiffs return? do they have any claim over my dads car simply because i live in there house? are they able to do anything to/with the £20k car for a supposed £380.63 but really £175.13 debt? have i done right by paying the bill online to the council? any help would be much appreciated as its now the weekend and im certain the council dont do saturdays so ill be pulling my hair out all weekend! many thanks in advance... Jay
  21. am i correct about a bailiff doing a levy my understanding is the bailiff needs to be able to touch the item for example if a bailiff looks through a window and sees a 50in tv my understanding is he can not touch it so can not levy on it. is this correct
  22. Hi folks, I'm in need of a bit of advice please. I've come home this evening to find my car has been clamped by Ross & Roberts. The car is parked on my driveway after it failed the MOT (I couldn't afford to get it fixed and the tax had ran out). I've had a couple of letters and a form put through the door. First of all there is a "Second Notice" asking for over £300. The original date was the 14th March, but this was scribbled out and changed to 20th March. Also in with this letter was a "Removal Notice" to say that I've failed to contact the bailiff and the case has been passed to the Removal Enforcement Department. The sum here is over £700 and the reference numbers are different. It says on the letter that the bailiff has the right to peacefully enter the premises and remove goods even in my absense. Now I'm guessing normally that would mean if someone let them in they could levy on items in the house (at least it doesn't say about forceful entry). Again this second letter has the date 14th March and the date scribbed out and changed to 20th March. Also in there is a Form 7 - Notice of Seizure and Inventory of Goods. The only item on there is my car on the driveway. It doesn't list anything else. It says it's a walking possession agreement (request not to remove goods immediately). What I'm worried about is that it says: This bit is crossed out... the goods belong to the debtor and I am authorised to sign this agreement. The amounts owing on this form say around £700 (although a different amount to the other two forms) plus over £230 in bailiffs costs giving me a total amount of around £900 to pay. It looks like the bailiff visited around 3pm, I wasn't in (I was at work) and I haven't signed anything. First of all I'm worried if they can now enter the house by force (or change the locks, call the police etc) after putting a levy on my car? Or is it as before, they can't enter the house unless I let them in (or leave the doors unlocked, windows open etc?). I'm going to speak to the council tomorrow, I've tried talking to them before but they never seem to be any help. I'm currently suffering from depression and anxiety (mainly due to the threat of the bailiffs) a nd I'm struggling to pay the bills as it is (I'm a single parent with two nearly teenage daughters and I'm working part time). I've already advised the council of this but at the time they told me they needed something in writing from my doctor which I did get and sent in but never got any acknowledgement for. I'm going to speak to my doctor again tomorrow and try and get another letter, this time I'll try and get a copy made and take the copy down to the council offices and hand it over to their staff directly rather than posting it. So I wondered if anyone could advise about the levy and what that means? Can they now enter my home when I'm at work? I was going to scrap the car anyway (I don't think I'd get anything for it as it is) but I'd rather the council take the debt back so I can get scrap value for the car (if there is any value to it) and give that directly to the council on principal. I'm also not sure if it makes any odds, but I'm the registered keeper on the car but it was paid for by my mum (and the invoice is in my mums name), I'm still paying her back a little bit each month to pay it off as she took out a bank loan to pay for it. Rob
  23. Hi , I made payments to Newlyn for council tax owed to brent in 2011 and have recently discovered that over £200 of the payments were for Newlyn charges. I queried the charges for Attendance to Remove as no levy was ever carried out as far as I was aware. I have attached the response I got back from brent and would like some clarification on certain things; 1) If a vehicle was levied upon, don't they have a legal requirement to store and provide the registration number of the vehicle to me. 2)In the attached letter it is stated "there was a vehicle parked immediately outside the property which the bailiff believed he had seen previously , This was subsequently levied upon ". There is no designated parking or drive way outside my property as I live in a flat, so the cars can belong to anyone who lives along the road. Please advise on what further action I can take, regarding claiming back both the Levy fee and the Attendance to Remove fee. Letter is attached below [ATTACH]40192[/ATTACH]
  24. Hi, New to the forum, hope all is well! I've paid my outstanding business rates direct to the council after a visit from Newlyns. They are trying to charge me for a levy and removal of goods £335, but this was on a first visit, the levy is £68 and the removal fee makes up the rest. They got inside so I dont have a problem paying the levy but I read that they can't charge for both on the first visit with no prior warning. I've read this forum and written to the CEO of the council and asked for a breakdown etc. They are quoting Section 1 C of the non domestic rating, regulation 14. No breakdown has been provided and the CEO/Council have not responded. Lastest letter was sent to me on the 4th. What should be my next step? Thanks so much James
  25. Hi This is my first post & I'm looking for some advice regarding a levy on a vehicle. I have outstanding council tax from 2008 - 2009 of around £1500 that has been passed to Bristow & Sutor. I have tried to come to a payment arrangement on numerous occasions but can't afford anywhere near what they want me to pay & since they won't accept an amount I can afford, has remained unpaid. In August 2011 a levy was made on a car that I am the registered keeper but my partner legally owns. I informed bailiffs that this was not owned by me, my partner provided a statutory dec to both council & bailiffs stating that the car belonged to her, which they said wasn't enough proof. Bailiffs turned up again in Oct 2011 & added a van/abortive removal fee to the account even though they didn't turn up in a van. I wrote to the council to complain about this & in their reply they stated that they had spoken to Bristow & Sutor & they had said that a transit van had been sent & included the registration of a van. Now I know for certain that this never happened as I was in at the time of this visit but chose not to open door & saw him leave in a car. The bailiffs have never gained entry to my property to levy on any other goods other than my partners car so can't see how they could remove that even if they had come in a transit. When I questioned the council about this they stated in a reply that "the fee is incurred for 2 bailiffs to visit with a view of removing goods, it's not based on the type of vehicle used". Surely that can't be right since they knew the only levy was on my partners car so why turn up in anything other than a vehicle transporter? and then charge ridiculous figures for it. Anyhow after this happened we sent in a copy of receipt for car made out in her name and copy of her bank statement showing money being taken from her account on day of purchase but heard nothing back so sent in again. Didn't hear anything back or have any visits from bailiffs until April this year when they posted form stating removal team attended to remove goods & would be back, which I ignored. Turned up again yesterday whilst I was out & told partner that if I didn't pay off in full he would be back to remove car & if car not there then he would force entry to remove goods. Now I know he can't force entry as they have never gained entry before but what else can I do about the car? The car was only put in my name for insurance purposes & think I've more than proved its not mine, insurance comes out of partners account every month road tax was purchased online from her account & can show them this if need be but how much proof do they need? I thought a stat dec would have been enough in first place. Does the levy still stand on the car as it was made over 12 months ago? No payment arrangement has been made & I've never signed anything, they've had plenty of time to remove & even charged a fee for it, is this now classed as a abandoned levy? any help will be appreciated Thanks Jon
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