Bailiff levied my car so worried as I need it for work

[brown eyes1]

Hi All,

I am sick with worry, I started a thread on 18th Sept in regards to my council tax. I was advised to sell my car to a family member, which I have done, the car is now on lone to myself for a short period of time. I have just started a new job as a community support carer and have been so busy, so driving is essential to get around,

I was ill today and had to dash home to use the toilet facilites, and in my haste just parked the car in my drive.

The Bailiff turned up just as I was leaving the premises and said he had seized the car. I told him I need the car for my work, not my problem he said.

He posted through the door when I had gone Notice of seizure of goods

saying I have this day seized, distrained and impounded the goods and chattels listed on the attached inventory stating 1,298.19 arrears I have offered to pay £40.00 a month but they refused ,so I paid the council £40 in Sept as the first payment I sent to the Bailiff they only paid the council a portion of the money as they took their charges out first.

 

Please can anyone tell me how do I stand now as they say I have now to pay 1,401.00 within 5 days from today which I cannot do as I do not get paid until the end of Oct there is £18.00 attendance fee 61.00 Levy Fees and 24.50 Redemption of goods fees (Head H)

It also states that I will be charged for the removal transport and the auctioneers fees.

I feel such an idiot,

I do hope someone can advise, I am just so worried as I will not be able to work without the car.

Brown Eyes 1

Edited October 4, 2008 by brown eyes1
amends

[John McKenna]

Is your car insured for business purposes?

[brown eyes1]

Hi John,

Not at the moment but it should be, I have been working from 7am through till 9.30pm so have not had chance to do it as yet. would this make a difference?

Many Thanks for you reply

[brown eyes1]

Hi Again, would it be prudent to move the car away from the area? just incase they decide to clamp it?

I am sorry for being a total plonker on this, I don't have anyone i can talk to about this, I have my 11year old granddaughter living with me and don't want her to be worried by this as she has gone through a bad time recently

It was just a thought.

I do appreciate any advice I can get on this, also should I telephone the Bailiff again and tell him again that I need my car for the work? he did leave a number on the letter, or should I write to them again, I have to pay within 5 working days, now I am in work again I should be able to pay a little more but I would rather pay the council not the Bailiff

Thank you for your help

Brown Eyes1

Edited October 4, 2008 by brown eyes1
missed out some words and spelling

[brown eyes1]

Please can anyone advise me on this my postings BTW I hope you all have a fab time in Nottingham today...(My Birth Place..)

[tonycee]

I was advised to sell my car to a family member,

 

 

If you have sold the car before their levy, then they cant touch it.

 

How to notify DVLA if you sell your vehicle : Directgov - Motoring

 

Of course the sale date must be BEFORE the levy date.

[brown eyes1]

Hi Tonycee,

I had a PM from someone last night advising me to go to another website, first it took me to the teletubbies and when I put in the url seperate they wanted me to pay for all the downloads, I found it very strange to get an PM to tell me this.

Any way thanks for the advice, I have not signed anything the bailiff gave me nor have I let him into my home and don't intend to.

I have emailed the council again asking them to take back the debt as I have been paying them online and emailing them also, what I don't understand this is for my 2008-2009 council tax. I was ill at the end of last year had a nervous breakdown due to me losing my long standing job of 14 years, several family problems bailing my daughter out etc: have my 11year old grandaughter living with me also. So this Bailiff thing is just the last straw. I am 57 and feel like a total failure for letting myself get into this mess. I'm divorced and I don't really have anyone else I can go to.

I am so thick when it comes to things like this.

thank you for your help.

bestest

Brown eyes1

Edited October 4, 2008 by brown eyes1
adding something on here

[brown eyes1]

I am working tomorrow...from 7am until 9.30pm.... do I have to inform the Bailiff that my car has been sold?

x

Edited October 4, 2008 by brown eyes1
Error on timing

[tonycee]

If the car was sold before their levy on it, then its no longer yours to be levied on, and there is nothing they can do.

However if you have not done all the necessary paperwork signed and dated BEFORE the levy, then there is not much you can do.

 

Apart from lie, which i wouldnt want anything to do with.

 

How much is the car worth ? Is there any HP on it ?

 

 

The account for 2008/09 will be deemed liable in full, in advance, after a liability order is gained.

 

 

The procedure is normally 2 warnings, then 3 rd time your out.

Its the government, they can do it.

 

Finally, dont beat yourself up, im sure you are doing your best for all.

If consecutive governments insist on taxing us to death, what can we do ?

 

 

 

 

 

 

[brown eyes1]

The car is not worth very much it's an S reg but not sure. no not on HP unfortunately. But hey thats not my problem all the paperwork states that it was sold before levy date, though I did have to tax it before I got the money, so had to do this on the actual Levy date. so sold for the price of the 6 mths tax

[tonycee]

Then you must forward proof of sale, dated accordingly, to the bailiff company, and the DVLA.

 

Be prepared to expect them to throw their toys out of their prams.

Expect them to challenge what you are fowarding to them, but if its all correct, then i dont see what they can do other than take you through the courts, which i doubt very much they will do.

[brown eyes1]

whoops had not finished and pressed send Doh! lie me I am a granny and have never lied

Docs sent off so not mine anymore.

 

It's hard not to beat up on yourself though, especially when I was always so sensible before all the hassles began.

Many Thanks for you help.

Edited October 4, 2008 by brown eyes1
amends made

[tonycee]

I just wanted to add that i am not encouraging anybody to commit any form of fraud here.

 

I am simply stating a fact that if,

 

You sold the car on a Tuesday, the bailiffs cannot levy on it on the Wednesday, as its not yours anymore.

 

End of.

[brown eyes1]

Then you must forward proof of sale, dated accordingly, to the bailiff company, and the DVLA.

 

Be prepared to expect them to throw their toys out of their prams.

Expect them to challenge what you are fowarding to them, but if its all correct, then i dont see what they can do other than take you through the courts, which i doubt very much they will do.

thank you Tonycee

[tomtubby]

You need to WRITE a letter to the bailiff company. I have adapted one of the template letters for you. This of course can be changed or adapted as you wish.

 

 

To:

Bailiff Company

 

Dear Sirs,

 

Re: Account reference.

 

I refer to your notice left at my home to advise me that your bailiff has seized a motor vehicle in my drive and that you now require a sum of £1,401 within 5 days or the vehicle will be removed.

 

The purpose of this letter is to advise your company that I am not the owner of this vehicle. I merely have the use of it. DVLA have recently been informed of the change of ownership and I understand that their records should reflect this change in a week or two. I have spoken with the new owner and he/she has expressed their willingness to swear a Statutory Declaration as proof if your company require this. In any event, I work as a Community Support Worker and a vehicle is vital to my employment.

 

I would like to make it clear that I am not refusing to pay this debt, and this has been demonstrated by my payments of £40 per month etc, etc, Due to my financial circumstances I am unable to increase this repayment at this present time.

 

I would like to advise your company that I am the carer for my 11 year old granddaughter who lives with me and at the end of last year I suffered a nervous breakdown. For this reason, I cannot allow a bailiff from your company to come into home and I would therefore like to request that consideration be given to returning this debt back to the local authority.

 

Could your please confirm receipt of this letter, a copy of which is being sent to my Local Authority.

 

 

Yours Faithfully.

[tonycee]

WELCOME BACK TOMTUBBY.

 

I have soooo missed you.

 

A true legend returns.

[brown eyes1]

You need to WRITE a letter to the bailiff company. I have adapted one of the template letters for you. This of course can be changed or adapted as you wish.

 

 

To:

Bailiff Company

 

Dear Sirs,

 

Re: Account reference.

 

I refer to your notice left at my home to advise me that your bailiff has seized a motor vehicle in my drive and that you now require a sum of £1,401 within 5 days or the vehicle will be removed.

 

The purpose of this letter is to advise your company that I am not the owner of this vehicle. I merely have the use of it. DVLA have recently been informed of the change of ownership and I understand that their records should reflect this change in a week or two. I have spoken with the new owner and he/she has expressed their willingness to swear a Statutory Declaration as proof if your company require this. In any event, I work as a Community Support Worker and a vehicle is vital to my employment.

 

I would like to make it clear that I am not refusing to pay this debt, and this has been demonstrated by my payments of £40 per month etc, etc, Due to my financial circumstances I am unable to increase this repayment at this present time.

 

I would like to advise your company that I am the carer for my 11 year old granddaughter who lives with me and at the end of last year I suffered a nervous breakdown. For this reason, I cannot allow a bailiff from your company to come into home and I would therefore like to request that consideration be given to returning this debt back to the local authority.

 

Could your please confirm receipt of this letter, a copy of which is being sent to my Local Authority.

 

 

Yours Faithfully.

Many Many Thanks TomTubby, I appreciate your help very much, I have drafted out the letter and am sending 1st thing Monday registered post

Tonycee has been extremely helpful to me today also, I was about to through in the towel this morning.. I will keep you informed as to the outcome of the letter..

Thank you

Brown Eyes1

[tomtubby]

WELCOME BACK TOMTUBBY.

 

I have soooo missed you.

 

A true legend returns.

 

 

 

Thank you Tony....have missed you all as well.........

[brown eyes1]

Hi there,

Just to let you know I had a reply back from the Bailiff have posted it below.

Can't pay them this much, and don't really want to pay them either want to pay the council, I don't get paid until the 24th Oct any suggestions on a reply to them? I am sure the charges keep changing, as the price on bailiff letter was 1.401.00.

Thank you for you help so far.

Brown Eyes1

Dear Madam,

We acknowledge receipt of your email the contents have been noted.

We confirm that your proposal of payment is unacceptable.

We are prepared to accept payment as follows:

£ 280.69 by 13/10/08 with 4 MONTHLY amounts of £270.00

Payments must be made direct to ourselves in cash, postal orders, or by banker’s draft. Cheques are also acceptable except where payment of a previous cheque sent to us, by you has not been met by your bank.

Payment can also be made by CREDIT or DEBIT CARD by telephoning our office on the above number. (Note: All card payments are subject to a surcharge). You may find that, depending on the size of the payment, this is less than the cost of buying Postal Orders.

A receipt will only be issued if you send a stamped addressed envelope with your payment. Your reference number is ********, this must be included with your payment and written clearly on any letters which you send to us.

We have attached a questionnaire for you to complete and return to us in order for us to up date our records accordingly.

With reference to the seized vehicle belonging to a third party, we confirm that we will be confirming the owner of the vehicle with the

DVLA.

If you fail to make payment of any of the installments detailed above, the agreement will be cancelled and the full sum will become due and payable.

Further action will then be taken for the recovery of the sums due and, if necessary, your goods and chattels will be seized and sold in public auction. If insufficient goods are available for seizure, a report will be forwarded to the Council, who may make an application to the Magistrates’ Courts, in accordance with the regulations, for your committal to prison. Any further action will result in further charges being incurred, for which you will be responsible.

Regards

**** *****

[tonycee]

Can't pay them this much, and don't really want to pay them either want to pay the council,

 

Then pay the council direct. They canot refuse payment.

 

any suggestions on a reply to them?

F OFF thieving scumbags springs to mind. But that wouldnt go down to well. Just ignore them. Like a rash, they will go away eventually.

 

I am sure the charges keep changing, as the price on bailiff letter was 1.401.00.

I am convinced that they are incredibly clever, or stupid.

Dont be suprised by anything they do.

Despite a recent court ruling that they cant charge credit/debit card fees, they still put it in writing.

 

Thank you for you help so far.

Brown Eyes1

Dear Madam,

 

We acknowledge receipt of your email the contents have been noted.

 

We confirm that your proposal of payment is unacceptable.

 

We are prepared to accept payment as follows:

 

£280.69 by 13/10/08 with 4 MONTHLY amounts of £270.00

 

Payments must be made direct to ourselves in cash, postal orders, or by banker’s draft. Cheques are also acceptable except where payment of a previous cheque sent to us, by you has not been met by your bank.

 

Payment can also be made by CREDIT or DEBIT CARD by telephoning our office on the above number. (Note: All card payments are subject to a surcharge). You may find that, depending on the size of the payment, this is less than the cost of buying Postal Orders.

 

A receipt will only be issued if you send a stamped addressed envelope with your payment. Your reference number is ********, this must be included with your payment and written clearly on any letters which you send to us.

 

We have attached a questionnaire for you to complete and return to us in order for us to up date our records accordingly.

 

With reference to the seized vehicle belonging to a third party, we confirm that we will be confirming the owner of the vehicle with the

DVLA.

 

If you fail to make payment of any of the installments detailed above, the agreement will be cancelled and the full sum will become due and payable.

 

Further action will then be taken for the recovery of the sums due and, if necessary, your goods and chattels will be seized and sold in public auction. If insufficient goods are available for seizure, a report will be forwarded to the Council, who may make an application to the Magistrates’ Courts, in accordance with the regulations, for your committal to prison. Any further action will result in further charges being incurred, for which you will be responsible.

 

Regards

 

**** *****

 

Yawn.

 

Just who the hell do they think they are.

 

The letter is toilet paper, use it accordingly.

[palomino]

One small point to reassure you : committal to prison is only used when people point blank refuse to pay. It isn't and cannot be used where people are unable to pay.

Their threats in this respect are meaningless.

[berrylover]

I would keep paying the council tbh. They cannot refuse your payments. Bailiffs are, on the whole, bullies with scant regard for what they can and cannot legally do. Just remember, if they come to your house DO NOT LET THEM IN. If they haven't been in before then they have no right to come into your house. Keep all doors and windows locked, and do not worry. You will get support on here.

[brown eyes1]

Then pay the council direct. They canot refuse payment.

 

F OFF thieving scumbags springs to mind. But that wouldnt go down to well. Just ignore them. Like a rash, they will go away eventually.

 

I am convinced that they are incredibly clever, or stupid.

Dont be suprised by anything they do.

Despite a recent court ruling that they cant charge credit/debit card fees, they still put it in writing.

 

Thank you for you help so far.

Brown Eyes1

Dear Madam,

 

We acknowledge receipt of your email the contents have been noted.

 

We confirm that your proposal of payment is unacceptable.

 

We are prepared to accept payment as follows:

 

£280.69 by 13/10/08 with 4 MONTHLY amounts of £270.00

 

Payments must be made direct to ourselves in cash, postal orders, or by banker’s draft. Cheques are also acceptable except where payment of a previous cheque sent to us, by you has not been met by your bank.

 

Payment can also be made by CREDIT or DEBIT CARD by telephoning our office on the above number. (Note: All card payments are subject to a surcharge). You may find that, depending on the size of the payment, this is less than the cost of buying Postal Orders.

 

A receipt will only be issued if you send a stamped addressed envelope with your payment. Your reference number is ********, this must be included with your payment and written clearly on any letters which you send to us.

 

We have attached a questionnaire for you to complete and return to us in order for us to up date our records accordingly.

 

With reference to the seized vehicle belonging to a third party, we confirm that we will be confirming the owner of the vehicle with the

DVLA.

 

If you fail to make payment of any of the installments detailed above, the agreement will be cancelled and the full sum will become due and payable.

 

Further action will then be taken for the recovery of the sums due and, if necessary, your goods and chattels will be seized and sold in public auction. If insufficient goods are available for seizure, a report will be forwarded to the Council, who may make an application to the Magistrates’ Courts, in accordance with the regulations, for your committal to prison. Any further action will result in further charges being incurred, for which you will be responsible.

 

Regards

 

**** *****

 

Yawn.

 

Just who the hell do they think they are.

 

The letter is toilet paper, use it accordingly.

Hi Tonycee,

Thank you for your advice here, I emailed them again stating that I cannot afford the repayment arrangement they have made and would continue paying the Council, have not heard back from them as yet, but I guess I will be getting another visit soon, I will try not to acknowledge they are there though. certainly won't be allowing them into my home.

I saw the message about CAG being sued for libel, as soon as I get paid I will make a donation, it wont be a huge sum though but I guess every little adds up, this site is so valuable to people in our position.

Much gratitude to be shown.

xx

[brown eyes1]

One small point to reassure you : committal to prison is only used when people point blank refuse to pay. It isn't and cannot be used where people are unable to pay.

Their threats in this respect are meaningless.

Thank you Palomino, It is good to know that I won't be carted off to prison. I have emailed the council again asking for them to accept my repayments and take the debt back, have even offered to set up direct debit with the bank to pay off the arrears for this years C/Tax, not heard anything back yet though.

Will keep posting to let you all know how it is going.

Many thanks for your comments

Brown Eyes1

[brown eyes1]

I would keep paying the council tbh. They cannot refuse your payments. Bailiffs are, on the whole, bullies with scant regard for what they can and cannot legally do. Just remember, if they come to your house DO NOT LET THEM IN. If they haven't been in before then they have no right to come into your house. Keep all doors and windows locked, and do not worry. You will get support on here.

Hi Berrylover, Bailiff has not entered my home at all, and will not gain access at all, I make sure that the doors windows and gates are locked at all times. I am just amazed at how they can ply such charges onto the original debt. Strange how the Bailiff who came to the door had a much larger sum on his notice and yet when their office emailed me it was a lesser amount, so is the guy who came to the door adding on extra to make money for himself.

Thank you for your helpful comments and I shall take all the advice I am given here.

 

Brown Eyes1