Levy on hp car - Can this be done? Long post!

[Mummy_of_Five]

Hi Everyone

 

We have had problems with the bailiffs for council tax from a previous address. First contact was before christmas 2007 and all my correspondance was ignored. Got a letter a few weeks ago saying that they were adding our account to be seized. Sent a letter to them with an offer of payment, Got a reply saing it was now with a Mr XX bailiff and to contact him direct. Did this and sent the same letter to Mr XX. Got a reply practically the same as the last saying to contact the bailiff direct.

 

Bailiff turned up last week for payment (owed them £207) after a lot of pressure I reluctently and very upsettly agreed to ask my nan to lend me the £200 to pay him. He said because he was there the balance was now "a lot more than £200, but he would accept that as a first payment".

 

He then made my husband sign a walking possession agreement as he had to go out to collect the money. The WPA was on our car. This is currently on HP from Welcome Finance with about a year left, he knew this and still said he could levy on it and if need be take it away for auction. I was sure he couln't do this but he bullied my husband into signing anyway. He has charged us £27 for a levy fee, £12 for a waking possession fee, £20 for a HPI check, £95 enforcement fee and £24.50 discharge fee, a totla of £178.50 extra.

 

My questions are :

1. Can they charge us for coming out with a van to remove goods before they have been and levyed on anything?

 

2. Can they really levy on our car? He said because we have paid so much off the finance he was entitled to impound the car and sell it. I dont think he could as if I cant sell the car, he cant sell a car at auction with outstanding fiance!

 

After paying the £200 he "kindly" contacted the Council and asked them to take the debt back as we are in a "vunerable group" (hubby is on incapacity benefit and we have 5 children all under 8, we only get incap benefit, child benefit and child tax credit). Should he found out we were in a vunerable group and tried harder to help us first by accepting payments?

 

Just wanted to know about if he could levy on the car and if not can i contact the bailiffs company and complain and claim the charges back?

 

Any help would be great.

 

Mummy_of_Five

[berrti]

You only own the car when the final payment is made to the HP company (some also have a final purchase fee), therefore he has levied the HP company's property - so no he cannot levy a car (or anything else for that matter) on HP.

 

I don't know the answer to your other questions but I'm sure someone else will be along soon to help.

[tomtubby]

The enforcment fee is WRONG and the bailiff knows it.

 

The purpose of the visit is to levy upon goods. In this case he has tried to charge an "Attending to Remove" fee. He cannot charge this unless he first has a valid levy in place. He does not have this.

 

He has levied upon a vehicle that is exempt from seizure as it is subject hire purchase. . In this case the levy fee, walking possession fee and "enforcement fee" must all be refunded. WRITE to the bailiff company to ask for these fees to be removed from the account failing which you will be considring a formal complaint about this particular bailiff.

 

Can you pm me the name of the bailiff and the company that he works for.

[Mummy_of_Five]

thanks guys. Just as I thought, he couldn't touch the car but was only trying to threaten us into making the payments.

 

Tomtubby, I got you to check out the bailiff a few weeks ago and he was a certified bailiff. thanks fot your offer to help.

 

Does anyone have any advise on what to write in the letter? I'm unsure coz all the letters I have previously sent have been ignored - besides two. Should I sent it to the bailiff or the manager in the company or who?

 

Any help is greatfully received.

 

Mummy_of_Five

[Mummy_of_Five]

Anyone , any advise on a letter to write. Would like to get this done as soon as possible coz they called out on the 5th and dont want to leave it too late before contacting them about their actions.

 

Kind Regards

 

Mummy_of_Five

[tonycee]

Vehicles Subject to Finance or Lease Agreement

 

NOTE: This letter can be adapted to suit your own circumstances and could be used to inform the company, in advance, that you either do not own a vehicle, or that it is subject to either a finance or lease agreement.

—

To: Bailiff Company

Date:

 

 

 

Dear Sirs,

 

Re: Account reference.

 

I refer to your letter/visit dated

(enter date)

informing me that your company have been instructed by

(enter local authority)

to enforce a warrant/liability order etc against me, in respect of

(a parking charge notice/council tax etc).

In your letter you state that you will be visiting/returning to my home to

(seize/auction etc my goods.)

unless full payment of (enter amount) is made by return.

I am aware that statutory regulations provide that certain items are exempt from seizure. These include:

"Such tools, books, vehicles and other items of equipment as are necessary for use personally in employment, business or vocation”.

Could you please note that, although I have the use of a motor vehicle, this is however

(not owned by me/subject to lease/or finance).

As evidence, I am providing photocopies of

(enter details).

For the reason stated above, if your company attempts to seize the above vehicle and/or charge me additional fees to do so, I will consider making an official complaint about your bailiff’s conduct to both the County Court and the Local Authority that instructed him.

Could you please confirm safe receipt of this letter.

(ensure that you keep a copy)

 

 

Yours Faithfully.

 

 

 

 

.

Request for Refund of Bailiff Fees for Council Tax

 

The following is a draft letter that can be sent to the bailiff company to request a refund of charges in relation to the collection of arrears for Council Tax

 

NOTE:

We recommend that this letter should be sent after receiving a response to your Subject Access Request, (a copy of which can be found here

Bailiffs: Subject Access Request

—

(Name of company)

 

Dear Sirs,

Re: Council Tax Reference:

I am writing concerning the above unpaid Council Tax and your recent response to my Subject Access Request.

From your records, you will see that one of your bailiff’s visited my home on (enter date) and that I paid fees and charges of

(enter amount if available).

I refer to the The Council Tax Administration & Enforcement (Amendment) Regulations 2003, a copy of which is provided

(provide a copy)

which clearly states that the amount that you should have charged to me was

(enter amount).

For the following reason, I believe that you have overcharged me by

(provide details).

If you think that my calculation is incorrect, please provide details, failing which, I require a refund of these fees by close of business on

(enter date 7 days from this letter).

Due to the seriousness of this matter, unless I receive from you either: an adequate explanation why you believe that my calculation is incorrect, or a refund of the fees as stated above, I intend to issue proceedings against your company for recovery of my fees.

I will be providing a copy of this letter, together with your response to the Local Authority.

(ensure that your letter is sent by Registered post…and keep a copy.)

 

Yours Faithfully.

 

[Mummy_of_Five]

Thanks. Will try and change it to suit what i need.

 

Mummy_of_Five

[Samantha72]

Thanks. Will try and change it to suit what i need.

 

Mummy_of_Five

 

Can you tell me how you got on???

[Samantha72]

I've had bailiff call at my home today for parking tickets

That I have paid!!!

I have contacted the county court

For out of time statutory decularion, the bailiff said he will

Be back to levy my car in 5 days my car is on fianace Can he take it??? Mummy_of_five post was 3 years ago has the law changed since???

Thank you.

[ploddertom]

I've had bailiff call at my home today for parking tickets

That I have paid!!!

I have contacted the county court

For out of time statutory decularion, the bailiff said he will

Be back to levy my car in 5 days my car is on fianace Can he take it??? Mummy_of_five post was 3 years ago has the law changed since???

Thank you.

 

Start your own thread for a better response, click on the link below

 

http://www.consumeractiongroup.co.uk/forum/newthread.php?do=newthread&f=168

 

PT