CCS Enforcement - Council Tax Outstanding

[BSC]

Have been having an ongoing battle with CCS Enforcement over outstanding council tax.

 

We have already sent letters offering payment to the council and told them that we will put such money by until the account has been handed back.

 

Today we get a letter saying we have chosen to ignore all previous correspondence (a complete lie and we have copied the council in on everything as well) if we do not contact them in 24hrs the baliff will arrive with a vehicle and porters on the 16th to remove our goods. He also says that he will utilse a locksmith if necessary.

 

Now as far as I can tell they cannot do this. I would appreciate some re-assurance and advice for next steps.

 

Please let me know if any further info is required

 

thanks in advance

[shammy36]

Hi BSC,

Firstly has he ever gained entry to your home,and have you signed a walking possession ?

[BSC]

thanks for the quick reply

 

nope - and they never will

 

they wrote a couple of weeks ago as well threatening entry and we notified the council. This one mentions locksmiths however and it has worried my partner far more than the previous letter.

[shammy36]

Well they have nothing then.No walking possession,no valid levy,seeing they can only come in by peacefull entry,which you are never going to let them,they are screwed

I had a similar problem with my council,after getting advise from here i wrote to the bailiff company telling them i was considering making an immediate form 4 complaint to the court,copied this to the council saying that i was disgusted at the way their agents were acting,and also reminded them that they had a duty of care towards me and my family.

 

Give it a try, it worked for me:)

[BSC]

thanks again shammy - how do I find details of a form 4 complaint and is there a template by any chance?

 

I thought they didn't have a leg to stand on but did just want to put my partner and my own mind at rest

[shammy36]

Not sure if there is a template on here,i googled "FORM 4 COMPLAINT AGAINST A CERTIFIED BAILLIF"

 

The only thing i would add is if you have any vehicles park them away from the house until this is sorted.regards mike

 

 

 

If my posts have been helpful,please give my scales a click

[BSC]

thanks - I can find plenty of mentions of downloading a form 4 but can find no record of it - perhaps I'm just being daft but I've searched 3 pages on google and nothing seems to give me what I'm looking for

[shammy36]

Let me have a look, i will get back asap:)

[BSC]

got it The requested resource (/HMCSCourtFinder/tiles/Her Majesty's Courts Service -Forms and Guidance) is not available

 

should have thought of looking on the courts website!

 

EDIT - why it changes the name of the above link I don't know but it goes to the right place

[shammy36]

HI,

type this into your address bar.

 

www.hmcourts-service.gov.uk/courtfinder/forms/form4

 

when you get to the page type in form 4

[BSC]

thanks - think I must have just beaten you too it

 

only just realised that the 16th is tomorrow so decided to phone the baliff to tell him we are filing a form 4, he tried to tell me he was legally entitled to gain entry and when I tried to tell him that he had no legal right he hung up and then switched his phone off.

 

I know I shouldn't have called but I couldn't help myself - just makes my blood boil knowing that they must get away with this heavy handed approach with som many people that are just scared out of their wits

[BSC]

one thing I forgot to say was that the bailiff has written "to be advised" in the box that is supposed to have the outstanding amount

 

Would I be right in thinking that they should always state the total of the debt at the time of visit?

[shammy36]

hi,

Yes you are right,hes just p****ng in the wind,you have him on the back foot now..feels good dont it !!

[BSC]

He didn't like it when he tried to tell me he could legally enter and I cut him off in mid sentance to tell him he needed to listen to what I was telling him not the lies he was telling me.

 

There was a short silence and the phone then went dead

[anais35]

I've had a problem with CCS in the past couple of weeks. They were chasing an outstanding debt of a mere £116! (Council tax). I got a bailiff letter in the door saying they had been round to collect £367 and would be back in 48 hours to take away goods.

 

On calling, I discovered the bailiff had levied on my neighbour's car (I don't even have a license!!) but didn't leave any supporting documentation or any breakdown of charges.

 

I called CCS and told them I was going to issue a form 4 complaint; that I believed these charges were unlawful and the levy invalid. I then paid the council direct from their website (the full amount) and the council then confirmed to CCS that the debt had been paid. The bailiff still claims he is entitled to his fees and will gain entry to collect when my 14 day extension has expired.

 

I then issued a form 4 complaint and sent it to the county court (a poster here - the wonderful tomtubby - let me have the court where he got his certificate because CCS were being quite difficult about it - saying I needed to apply in writing and they would give me the reply in 14 days).

 

I'm hoping the charges will be rescinded.

Edited May 16, 2008 by anais35

[BSC]

have you written to them asking for a breakdown of charges anais? Once you get that check what they have charged and even if they do appear fair (I doubt the will be) ask them to provide evidence of their visits (they wont be able to I'm sure)

 

good luck

[anais35]

I have asked them in writing BSC (no response yet). I also asked them to give me a breakdown over the phone and they had trouble getting to the figure! They merely mumbled something about the bailiff not having uploaded all of the charges onto the system yet!

[BSC]

keep it to writing - I believe there is a pescribed timescale they have to respond but I can't remember off the top of my head. Sure there will be info in one of the other threads in this section of the forum

[anais35]

Ha ha ha!

 

Just phoned CCS to ask where the breakdown was and why it was taking so long to get it to me.

 

Apparently yesterday (after receiving notification of the Form 4 complaint); CCS have removed the levy fee and van attendence fee from my account - get this - 'as a gesture of goodwill'!!!!! This despite the bailiff in question telling me that it didn't matter who I complained to - the charges were lawful and I would HAVE to pay them otherwise face further charges and having my locks broken.

 

Lesson for all - never believe a bailiff - they are liars.

 

Thank you to tomtubby btw.

[BSC]

thats great news

[anais35]

Thanks. In fact, I just have a letter from CCS saying the same. However, they have a form I have to sign agreeing that the charges will be dropped if I don't take action against them or their employees.

 

Frankly, I'm very tempted not to sign it and let the courts deal with the Form 4 complaint. I'm concerned that this is merely more blackmail and they will continue to unlawfully pressure vulnerable people.

 

It's also interesting that the charges they list are around £100 less than the charges written on the letter the bailiff stuck through the door and yet they claim that writing them off means 'your account is paid in full and would conclude CCS' involvement in this matter'.

[tomtubby]

It is my pleasure !!

 

 

We are finding that more companies are responding to refund requests if you do send a draft copy of a Form 4 that you have completed.

 

WELL DONE......

[BSC]

I'd be tempted to go all the way if they are asking you to drop the complaint - they are obviously running scared

[anais35]

The thing is tomtubby - I've already sent the Form 4 complaint to the County Court! (I did copy in CCS but it's already probably sitting on someone's desk at the court). Would this affect their offer to rescind the charges? They were very intransigent when I spoke to them last week and the bailiff in question simply kept telling me over and over again that the charges were valid and legal. The officials at CCS also agreed until I told them I was issuing a Form 4 complaint. Suddenly, they put the account 'on hold' and then I get this letter.

 

I'm really tempted to tell them to shove it and dare them to pursue these charges (particularly as my debt to the council is 100% satisifed).

[anais35]

BSC - the exact wording of the form they want me to sign is:

 

'Without prejudice'

 

I confirm that I accept the offer of a reduction in fees of £XXX made to me by CCS Enforcement Services Limited, as full and final settlement of any claim against CCS Enforcement Services or its representatives'

 

Which makes me kind of want to face them down - the bastards.