Mardy bailiff and CTAX LO

[fwog]

Hi,

 

First post but read plenty.

 

Im the subject of a 'seizure of goods' notice.

Im willing to pay in full the £507 + £24.50 attendance to levy fee+ £42 levy fee +£24.50 ....£ 598.50 in total just to get rid of them ,the missus wasn't too pleased to say the least:-x

 

Reading up on my rights I came across this...............

 

 

"Bailiffs should avoid so far as is practicable avoid disclosing the purpose of their visit to anyone who is not the debtor. Relevant documents should be left in a sealed envelope addressed to her/him"

 

Does this allow him to doorstep both of my neighbours asking for information?

As the guy marched up thier drives just as I closed the door to him.

I havent assertained exactly what was said-as its mightly embarrasing- but I get the jist of why he did it. What can I do ,if anything, to save some face?

I've already revoked their right to access, so next time at least they could do me the honour of making an appointment.

Also, I owe a debt from 2002-2003, I called the council to say it was over six years old and the said they would see me in court as I had notification within that time. Can I get them to revoke this debt as statute barred?

 

Many thanks for looking

 

Fwog

[Guest BURP]

A liability order for unpaid council tax does not have an end-date. The debt stands ad-finitum or until discharged. If a council fails to apply for a liability order within six years of the debt accrual then you can ask the council or a Local Government Ombudsman to revoke it upon application. Bailiffs cannot discuss debts with your neighbours but can make enquiries where you are and who might live in an address. Neighbours are under no obligation to disclose anything and a sharp-eyed neighbour wouldnt. A £42 levy fee and two lots of £24.50 doesnt look right, you should reclaim it.

[fwog]

Hi Burp

 

Thanks for the reply.

 

I was trying to get out of the 2002 debt cause as soon as I pay this one , I guarantee they will be back for the old debt.

The DCA said the charges were correct as they had attended previously, hence the £24.50 attendance fee. I'm just concerned with the £42 levy fee and the attendance to levy fee. It seems a bit excessive to charge for the two on one visit. Can they charge for the two?

 

Cheers

 

Fwog

[boavista1952]

A liability order for unpaid council tax does not have an end-date. The debt stands ad-finitum or until discharged.

 

Or even ad infinitum;)

[Guest BURP]

They cant charge two visit fees for a single visit. The law prescribing bailiffs fees for collecting unpaid council tax is Regulation 14(2) and Regulation 45(2) of the Council Tax (Administration and Enforcement) Regulations 1992. It prescribes a maximum first visit fee of £24.50 and £18.00 for a second visit. If you have not signed anything then levy fees are £0.00. If a bailiff has not transported your goods then attending to remove fees are £0.00. Keep all documents received from the bailiff and send the bailiff this letter. If they have overcharged you then they will become unstuck.

 

The Omnipotent Bailiff Co, Plc

Their Address 1

Their Address 2

Their Address 3

Postcode

 

DATE

 

Dear Sir/Madam

 

Re: [YOUR NAME + REF]: Fee irregularities. Opportunity to compensate

 

I write following visits by your bailiff however there appears to be irregularities with your fees. I ask you to provide the following within fourteen (14) days:

 

1) The name of the certificating court and certificate number for the bailiff in charge

 

2) Written confirmation of a) your fees, and b) the original debt

 

3) Truthfully confirm in writing your fees are lawful and comply with regulations prescribing bailiffs fees

 

4) The name and address of the person or body you act for

 

If you cannot complete the above, please unconditionally pay me within fourteen (14) days a refund of all unlawful fees and unconditionally pay me compensation of £4999.00 for failure to comply with the law prescribing your fees and I will consider this aspect of the matter closed.

 

If I later find an irregularity with your fees within the statutory time limit of 6 years as prescribed under Section 2 of the Limitation Act 1980, I will enter no further correspondence with you and automatically file a Form 4 at court for dishonestly defrauding me with your fees. This may also involve a criminal investigation by police and your bailiff and firm's director(s) may receive a criminal record for assisting an offender, benefiting from proceeds of crime and committing offences under the Fraud Act 2006.

 

This document is delivered by Royal Mail and I deem it good service upon you by the ordinary course of post under Section 7 of the Interpretation Act 1978. It is your responsibility and in your best interests this letter is handed to the relevant person within your organisation.

 

Yours Sincerely

 

YOUR NAME

[fwog]

Hi Burp,

 

you should be sainted mate:D

 

I will send the letter to them. I had to get a loan for the amount to stop the wife filing for divorce. The lower I can get this the better.

Thanks for the pointers, it really helps when you have a bit to give them back;)

 

I will be donating to the site when this shambles is over and done.

thanks again,

 

Im really pleased!

 

Fwog

[Guest BURP]

My pint-down-da-pub kitty could do with a top up...

[fwog]

Lol:lol:

 

 

As long as were still hitched next year, that pints on me (thats me and the mussus...not you:rolleyes:)

 

Fwog

[fwog]

Hi all,

Well here the update on this..

Sent a letter template asking for an explanation of charges...no reply

Sent a letter revoking access a few days later (after telling them on phone)

 

 

Their reply.....

 

We acknowledge recipt of your letter and its contents duly noted.

We advise it cannot be deemed as trespass when enforcing a Liability Order obtained from 'The Justice Centre' on 21.02.05 fro non payment of Government Tax (like the capitals)

 

We must advise that action will continue,

 

We trust this clarifies our position in the matter.

 

Bristow and Suitor

 

So where do i go from here?

They've over charged me on their second visit and not acknowledged the letter asking for clarification of their charges .

The second letter they've fobbed off.

 

What do you think i should do?

 

Cheers

 

Fwog

[fwog]

Hi All,

 

Sorry for bumping this within a day but its Monday tomorrow and Im a bit worried as to what will happen.

 

Would my best course of action be to pay the council direct?

I've discussed this with said council, but they've said its with the bailiffs and there's nothing they will do.

The bailiff has been twice, the 5 day for seizure of goods has passed, no sign of them except the reply (or rebuff) to the letter.

Can they only visit twice?

 

Or as they've issued a seizure notice , can they come at anytime and swipe goods?

 

Im in contact with the council, but theyre less than helpful.

 

Thanks again for looking.

 

Fwog

[fwog]

Anyone?

 

[enamae]

Sorry don't know the answer, but am trying to get you some help.

[chris600uk]

fwog letters aren't magic bullets, you have to organise a campaign of them for them to work.

 

They have to sound reasonable, because if they don't the recipient will simply ignore them.

 

As for paying the council direct - you can do this online, no-one can stop you.

 

If no goods have been seized then the bailiffs lose their powers, and have to pursue the fees like any other person. That means invoicing you, proving you owe the fees if they are disputed, and going through the small claims court.

[chris600uk]

If all you've had is a notice of distress, or removal then that's nothing to worry about so long as you've nothing outside the house that they can levy upon, and all the doors and windows remain closed.

[chris600uk]

A bailiffs visit is unpleasant, and a very unwelcome event, but it normally lasts for a very short time - because, like any salesman his/her time is short, and as I understand they only get paid by results they will quickly make their minds up whether you are worth the trouble or not.

[chris600uk]

Hi All,

 

Sorry for bumping this within a day but its Monday tomorrow and Im a bit worried as to what will happen.

 

Would my best course of action be to pay the council direct?

 

Where-ever possible, if you owe it and can pay it, yes.

 

 

 

I've discussed this with said council, but they've said its with the bailiffs and there's nothing they will do.

 

They are obliged to say that, they have a contract with the bailiffs, and unless you fall into one of the vulnerable categories they will stick to that.

 

The bailiff has been twice, the 5 day for seizure of goods has passed, no sign of them except the reply (or rebuff) to the letter.

Can they only visit twice?

 

They can visit as many times as they like, in whatever form of transport they like, but they can only charge for two visits unless they are able to levy or gain peaceful entry.

 

 

Im in contact with the council, but theyre less than helpful.

 

Thats usual.

[tomtubby]

You say there is a Notice of Seizure. What is on it. This is important.

 

If there is not a Notice os Seizure then I would in this instance advise paying the council direct and to include two visit fees. One of £24.50 and the other of £18.00.

 

 

If there is a Notice of Seizure then there would be a levy fee. I cannot advise on whether to pay this fee as well as I do not know what is on the Notice of Seizure.

 

If you could answer the above it would assist.

[fwog]

Hi Chris,

 

Many thanks for the reply.

 

Was getting worried there for a bit. I do have a car outside, but its blocked in with a van that's not registered to me, ergo, it cant be moved.(I think)

I really appreciate the insight the site has given to the bailiff industry. I had no idea of their powers or what to expect before coming here. My problem has been understood and targeted answers given (not generic replies)

 

Many thanks again

 

Fwog

[chris600uk]

I do have a car outside

 

Well then they can seize it, first they'll levy, then they'll threaten to take it away.

 

You'd be amazed at how easy it is to remove a car with a hiab.

[fwog]

Hi TT

 

 

Again , thanks for the reply:)

 

Notice of seizure

council....................................507.50

attendance to levy fee................24.50

levy fee....................................42.00

redemption of goods fee..............24.50

 

Total......................................598.50

 

Hes noted a car on the drive,but as I've said, its blocked in with another car that's not registered to me.

 

This is dated 14/11/08

 

As Ive said, do have the money, but if I pay online where will it go?

Do I just have to quote the reference theyve given and press send? or do I have to arrange something with the council first. Can I pay it in chunks? ie £150 a month or all in one go? (its that time of year:rolleyes:)

 

So many questions...

 

Cheers

 

Fwog

[chris600uk]

Hes noted a car on the drive,but as I've said, its blocked in with another car that's not registered to me.

 

 

Ok so he's levied on the car, that's a pity.

 

Doesn't matter if it's blocked in or not, they'll still threaten to get it out, and may even try.

 

In your position, I'd check the calculation against the formula given on the back of the form they gave you and if correct I'd pay it.

 

Sorry to sound a bit defeatist - but now they've levied on the car there doesn't seem to be much you can do, unless it's worthless and you don't mind them taking it.

[chris600uk]

You say there is a Notice of Seizure. What is on it. This is important.

 

If there is not a Notice os Seizure then I would in this instance advise paying the council direct and to include two visit fees. One of £24.50 and the other of £18.00.

 

 

If there is a Notice of Seizure then there would be a levy fee. I cannot advise on whether to pay this fee as well as I do not know what is on the Notice of Seizure.

 

If you could answer the above it would assist.

 

I'd answer this post in full before doing anything else

[fwog]

Hi Chris

 

Its all in post #20

 

The figures , the item hes levied,if there is any more info you need can you pm or post it here.?

 

Cheers

 

Fwog

Edited December 1, 2008 by fwog

[chris600uk]

Unless TT has anything else to add, no mate.

[fwog]

OK

So the best course of action will be to cough up the full amount even though they've visited once already and charged £24.50. I thought they could only charge £18 for the second visit?

As long as you think all the charges are valid, I've no option but to pay them. Could have done with a bit of leverage tho. Wouldn't they take instalments?

 

Fwog

 

 

Excuse any typos, ive got pork-pie in my keyboard

Edited December 1, 2008 by fwog