CCS Enforcement - Council Tax Outstanding

[BSC]

I would - why would they get you to sign that if there wasn't a case against them?

 

They are trying to avoid the complaint for a reason - if it were me I would push it all they way against these bar stewards

[anais35]

Any advice tomtubby? Should I refuse to sign? Incidentally, they STILL haven't given me a full breakdown of fees and appear to have picked the amount out of thin air. They claim the amount owing on fees is £146; yet the initial bailiff letter last week added £227 worth of fees onto the account. (his van fee was £201 the bailiff said on the phone). I feel that they should be stopped from doing this to others.

 

Nowhere in the letter does it mention what the fees were or address my complaint that the fees were unlawful and invalid. It merely agrees as a 'gesture of goodwill' to rescind them.

 

(By the way, something that made me laugh - they even included a stamped addressed envelope for me to return signed form!!!!)

[tomtubby]

I would admit to being very worried about this.

 

I cannot see any reason why they should insist that you sign a letter agreeing to accept a refund of fees that in all probability you are legally entitled to in any event. !!!!

 

By co-incidence we have an identical letter in our office. The lady who received it also refused to sign her letter and instead has continued with a formal complaint to the court.

[anais35]

I have decided not to sign until I get written confirmation from them that the levy was unlawful and the charges associated with it invalid. I posted a letter today. I have also asked them for assurances that procedures are put in place to ensure such actions are prevented in the future.

[tomtubby]

Well Done !!!

[BSC]

I got another letter from CCS today - seems like the bailiff didn't turn up on Friday as promised to enter with a locksmith - funny that.

 

Now I have been given 7 days before he returns a libilty order to the council.

 

Isn't that what I want, for the council to take the debt back?

 

He goes on that the council may apply to the Magistrates for my commitment to prison, what is the chances of that happening?

 

The council have always been copied in on correspondance and we have made payments towards the total debt as and when we can. We are also fully upto date with last years and this years council tax.

 

I'm hoping all this is a good sign but would like to know what others think

 

I would also appreciate some help on what to put on the form 4 complaint regarding their false claims and bullying tactics

Edited May 19, 2008 by BSC

[shammy36]

Hi BSC,

Thats a shock about thee bailliff not turning up on friday with a locksmith:D

I think if they return the debt to the council it becomes "nulla bono",or uninforceable by the bailiff.

 

Because you have already made payments to council you have shown that you are trying to pay,and no court would even consider commital to prison under those circumstances.

 

Drop tomtubby a pm regarding what to put on your form 4,she is very good at that sort of thing

[BSC]

thanks again shammy - for once it seems like a phone call made the difference and the bailiff has decided to give up trying. As soon as the 7 days pass we will be in touch with the council to discuss a payment plan.

 

I will PM tomtubby tommorow to ask if she can offer some advice.

[anais35]

Excellent news - I would proceed with the form 4 complaint explaining that the bailiff threatened you with unlawful actions; etc.

 

As to prison, you will not be sent to prison unless you wilfully refuse to pay. You are not; so no judge would jail you.

 

Two success stories with CCS - I wonder if CCS reads these forums?!

[tomtubby]

I can assure you that bailiff companies read these forums daily.

 

It is for this reason that I will always say that you should not name an individual bailiff or scan a letter without first taking out personal information like reference numbers, names and addresses.

 

It has also been know for bailiff companies to use individual postings on here as evidence when attending a Form 4 Complaints hearing.

[TheyrCriminals]

Hi tomtubby,

 

I was given your name by pin1onu, who said you may be able to help. I have posted my complaint and question below:

 

With regards to my persistence in resisting paying this penalty charge notice I am now of the belief that the ticket should be rescinded on the grounds of the principles established in Miah v Westminster (2005). I sent my Letter Before Claim to all parties concerned back in February this year but never got anything back from Torbay Council instead they simply sought enforcement of the PCN - hence the Bailiffs now demanding money and apparently paying visits to my house although no-one has seen them!

 

While I will continue fighting this ticket on the gounds of Miah v Westminster in the mean time the Bailiff has outlined his charges for visits and future visits. These are not charges for levying distress, we're not there yet!! These charges amount to £150.07 (before the debt!) simply for his 3 visits. I have looked at a forum on here and Zooman states that if the debt is under £100 (my PCN debt is £95) the total amount the Bailiff can charge for visits (before levying distress) is £25. This is great news if correct, do you know if this is true and where can this information be found to corroborate it?

 

If you can offer any advice on this I would be very grateful.

 

TheyrCriminals

[tomtubby]

Theyre criminals

 

Would you mind re-posting your question in a new thread. You have joined onto an old thread which will confuse the situation. I can then respond.

 

 

PS: The fees that you are quoting from are not quite right.

Edited May 23, 2008 by tomtubby

[TheyrCriminals]

Hi Tomtubby,

 

Can you please tell me how i start a new thread?

 

TheyrCriminals